PUBLIC INFORMATION

In this subchapter, the following terms have the meanings assigned by Insurance Code §1111A.002, unless the context clearly indicates otherwise: (1) advertisement; (2) broker; (3) business of life settlements; (4) insured; (5) life expectancy; (6) life insurance agent; (7) life s…

A Landscape Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirt…

(a) Department officers are responsible for enforcing these parking regulations and traffic violations on state property. For purposes of enforcing the parking rules only, the department may assign either commissioned officers or noncommissioned security workers. The assignment o…

(a) A state employee parking permit may be forfeited for any of the following reasons: (1) failure to pay one or more parking citation(s) issued by the Texas Department of Public Safety; (2) nonpayment of assessed parking fees; (3) falsifying data on an application for a parking …

(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board. (b) Each sheet of architectural plans and each separate section of the specifications which ar…

(a) Application form. The commissioner adopts by reference the License Application for a Life Settlement Provider or Broker form (revised April 2013) as the application for license for each person engaging in, or desiring to engage in, business as a life settlement broker or life…

(a) Applicant. In this section, "applicant" means a person applying for a life settlement broker or provider license. (b) License requirements. (1) A person engaging in business as a life settlement broker or life settlement provider in this state must apply for and obtain a lice…

(a) Renewal form. To renew an unexpired life settlement provider's or broker's license, a license holder must submit to the department a completed Application for Renewal, Surrender, or Change of Information for a Life Settlement Provider or Broker form. The license holder must s…

(a) Individual continuing education requirement. A life settlement broker must complete at least 15 hours of department-certified life settlement continuing education during each two-year license period. (b) Entity continuing education requirement. A partnership, corporation, or …

(a) A continuing education provider for life settlement broker continuing education must comply with: (1) Sections 19.1005, 19.1007, and 19.1008 of this title (relating to Provider Registration, Instructor, and Speaker Criteria; Course Certification Submission Applications, Cours…

(a) Operating as a life settlement broker. A licensed life insurance agent may operate as a life settlement broker, provided that: (1) the life insurance agent has held a license as a life insurance agent: (A) in this state for at least one year; or (B) in the person's home state…

(a) Insurance Code §§1111A.003(p), 1111A.012, and 1111A.014(l) and (m) do not apply to a life settlement broker who acts solely as a life expectancy estimator. (b) A life settlement broker or life insurance agent who solely performs estimates of life expectancy must indicate on t…

For purposes of Insurance Code §101.051(b)(8) and (9), unauthorized insurance includes participation of a life settlement broker or provider in connection with a life settlement contract for which the insured resides in this state but for which the owner is a trust or similar ent…

Breach of a life settlement broker's fiduciary duty includes, but is not limited to: (1) receiving compensation for negotiating a life settlement contract that would result in the owner receiving less than either the cash surrender value or accelerated death benefit, if such acce…

A life settlement broker or provider must maintain a copy of the life settlement contract, verification of coverage, and any life expectancy estimate for each settled policy for five years from the date of execution of the contract.

(a) When authorized by law or when necessary to protect the public health, safety, or welfare or to promote and protect a critical state function, the department may impound or cause to be removed any vehicle presenting such an obstacle. (b) When unpaid parking fines or charges a…

(a) A person who is not a Landscape Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following: (1) judicial proceedings for injunctive relief; (2) criminal prosecution in a court of appropriate jurisdiction; (3…

(a) Who can verify health status. Only a licensed life settlement broker, licensed life settlement provider, or authorized representative of a licensed life settlement broker or licensed life settlement provider may contact an insured to determine the insured's health status or t…

Assignments on surface lots or in garages shall allow the permitted employee to utilize the assignment only on state working days, including skeleton holidays, during the hours of 7 a.m. through 6 p.m.

(a) A person may file a complaint by submitting the following information to the Board: (1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously; (2) the name of the person against whom the complaint is f…

(a) General form filing requirement. A person must not use a form used to effectuate a life settlement in this state unless the form has been filed with and approved by the commissioner under this section, if prior approval is required by subsection (f) of this section. (b) Requi…

(a) Life settlement contracts. All contracts used to effectuate life settlements must contain the provisions set forth in paragraphs (1) - (8) of this subsection, as follows: (1) a provision that the life settlement contract or the contract together with the application, includin…

The commissioner adopts by reference the form Important Information You Should Know Before Entering Into A Life Settlement (revised April 2013), as a shopper's guide for delivery to owners during the solicitation process. The life settlement broker, or the provider if the transac…

A life settlement provider may not offer an owner a life settlement contract with a minimum value that is less than the cash surrender value or accelerated death benefit, if such accelerated death benefit may be claimed at the time the owner enters into the life settlement contra…

(a) Filing requirement. Each life settlement broker or provider must file with the department any advertisement or other solicitation materials used to market life settlement contracts or broker's or provider's services to owners in this state on or before the date such materials…

(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the Practice of Landscape Architecture in a manner that was Reckless, Grossly incompetent, or dishonest, the matter may not be docketed at the State Offic…

The Texas Department of Public Safety may authorize use of state parking areas outside of normal working hours for other purposes.

(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a…

(a) Visitor parking shall be for the exclusive use of visitors to the complex. (b) A state employee may use a space designated by the department as visitor parking only if his/her principal place of employment is outside the Capitol Complex.

(a) General reporting requirements applicable to all life settlement providers. All life settlement providers must comply with the general reporting requirements set forth in paragraphs (1) and (2) of this subsection. (1) On or after January 1 and before March 1 of each year, eac…

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty…

If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person: (1) demonstrates that he/she has taken reasonabl…

(a) Definitions. (1) Contract -- A signed written agreement between two parties for the sale and purchase of natural gas. (2) Tax Reimbursement -- A payment that a purchaser of gas makes to a producer for the purpose of reimbursing the producer for Texas severance taxes that are …

(a) Variable material generally. As specified in this section, an issuer may file forms, advertising, or provider contracts using variable material to illustrate the ways an issued document may vary from the filed material. Any variable material must be identified using brackets …

When coming out of the hole with the drill pipe, drilling fluid shall be circulated until equalized, and a fill-up line shall be turned into the casing to insure a full load of fluid on the bottom of the hole at all times.

(a) A postsecondary educational institution may not discipline or otherwise discriminate against an employee who in good faith: (1) makes a report as required by §3.5; or (2) cooperates with an investigation, a disciplinary process, or a judicial proceeding relating to a report m…

(a) If in attempting to comply with the provisions of the Texas Tax Code, Chapter 201, any administrative proceeding is set before any local, state, or federal regulatory agency or judicial proceeding arising therefrom which affects the amount of tax liability imposed under Texas…

In cable tool drilling, no operator shall drill into a known oil, gas, or geothermal resource producing formation with water from a higher formation in the hole, or with a sufficient head of water introduced into the hole to prevent gas blowing to the surface. The well shall eith…

(a) Forms may be submitted as matrix or insert page forms. Any issuer submitting a matrix or insert page form: (1) must identify each matrix provision or insert page with a unique form number that: (A) is sufficient to distinguish it from all other matrix provisions or insert pag…

(a) The chief executive officer of each postsecondary educational institution shall annually certify in writing to the Coordinating Board, not later than October 31 of each year, that the institution is in substantial compliance with Texas Education Code, Chapter 51, Subchapter E…

(a) Pursuant to §3.21 of this chapter, an applicant for landscape architectural registration by examination must successfully demonstrate that the Applicant has gained at least 3,640 hours of experience in accordance with the following table: Attached Graphic (b) An Applicant mus…

An Applicant may earn credit for experience other than under the conditions described in Section 3.191 of this subchapter if the Board considers such experience to be substantially equivalent to the experience described therein. For purposes of this subsection, education may be c…

(a) State agencies are required to furnish copies of state publications in physical format to the commission or provide the commission online access to state publications. A state agency is not required to furnish copies of or provide online access to state publications that are …

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Credit--An available balance for transfer or refund, including funds from another tax type. (2) Offset--A period-by-pe…

Simultaneous crashes reported. In the event an officer is notified of more than one crash at about the same time discretion will be exercised as to the priority of investigation. Consideration will be given to factors such as severity of crash, highway blockage, failure to stop a…

(a) A representative number of members to the foundation's board of directors shall be elected from each established eradication zone for a term not to exceed four years. (b) In order to be a candidate for board membership, a person must be eligible to vote in the referendum, mus…

Texas Education Code Subchapters E-2, Chapter 51, §51.259 and Subchapter E-3, Chapter 51, §51.295 authorize the Texas Higher Education Coordinating Board to adopt rules necessary to administer these Subchapters.