1. (a) The executive director or the executive director's designee has sole authority to:

   1. (1) determine access to RTS;
   2. (2) determine that information exists to support a reasonable suspicion that the individual or entity is committing fraud, waste, or abuse related to RTS; and
   3. (3) suspend or deny the individual's or entity's access to RTS, based on the criteria in §217.76 of this title (relating to Criteria for Suspension or Denial of Access to RTS).
2. (b) A county tax assessor-collector may request the executive director or the executive director's designee immediately suspend a county employee's or full service deputy's access to RTS based on the criteria in §217.76 of this title.

3. (c) The department shall inform the county tax assessor-collector before taking action to suspend or deny the individual's or entity's access to RTS under subsection (a) of this section, unless:

   1. (1) the action is as a result of a court order;
   2. (2) time is of the essence;
   3. (3) revealing this action would detrimentally interfere with or compromise an active investigation by the department or an enforcement agency of this state or the federal government; or
   4. (4) the action is based on the county tax collector-assessor's request in subsection (b) of this section.

Source Note:The provisions of this §217.77 adopted to be effective March 1, 2020, 45 TexReg 1231.