Texas Administrative Code

(a) Vesting Requirement. An ORP participant at a Texas public institution of higher education shall be considered vested in ORP on the first day of the second year of active participation, as defined in § 25.3 of this title (relating to Definitions), in ORP in lieu of TRS at one …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Active Participation--Period of employment during which an ORP participant makes regular ORP contributions through payroll deduction…

The authority for these provisions is provided by Texas Government Code, Chapter 830. Notes 19 Tex. Admin. Code § 25.2 The provisions of this §25.2 adopted to be effective May 23, 2004, 29 TexReg 5079

The purpose of these rules is to administer the Optional Retirement Program, to establish eligibility for the Optional Retirement Program and to provide for greater uniformity of procedures for administration of the Optional Retirement Program by Texas public institutions of high…

(a) If the insurance premium finance company notified the insurer of the existence of the premium finance agreement pursuant to the Insurance Code, Article 24.22, then the entire unearned premium owed the insurance premium finance company (in trust for the insured) shall be paid …

If an insurance premium finance company funds surplus lines insurance policy premiums or notifies a surplus lines agent or agency that its insurance policy premiums are financed, the surplus lines agent or agency shall return all gross unearned premiums to the insurance premium f…

Any cause of action, hearing, or procedure already pending or arising out of an event occurring before the effective date of this chapter shall be determined under the statutes, rules, orders, or interpretations of the Department in effect when the event occurred. This section sa…

Where any terms or provisions of this chapter are determined by a court of competent jurisdiction to be inconsistent with any statutes of this state or to be unconstitutional, the remaining terms and provisions of this chapter shall remain in effect. Notes 28 Tex. Admin. Code § 2…

Each licensed insurance premium finance company shall maintain a place of business accessible to the public. This place of business shall be located where the insurance premium finance company conducts transactions under the license. A licensee may not conduct the business of pre…

(a) A licensee may move its office from the licensed location to any other location by filing a supplemental application Form PF1A with the Department not less than 30 days prior to moving date. The application shall include the following as applicable: (1) List of Principals (Fo…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affiliated--When any person is connected by commonality of interest or ownership with another person. (2) Agent--An individual licensed…

(a) Written notice of a change in business mailing address only shall be mailed to the Department and to all insureds of record at least 15 days prior to the change of mailing address. (b) The notice shall include the exact name of the licensee, the old and new mailing addresses,…

(a) When there is an anticipated change in ownership of an insurance premium finance company, the new owner shall submit the following as applicable: (1) Supplemental Application for an insurance premium finance company license (Form PF1A); (2) List of Principals (Form PF2); (3) …

(a) A licensee may change the name of the licensed insurance premium finance company by filing a supplemental application, Form PF1A, with the Department not less than 30 days prior to name change. The application shall include the following as applicable: (1) List of Principals …

A licensee is responsible for the acts of its officers, directors and employees in the conduct of the licensee's business. Notes 28 Tex. Admin. Code § 25.3 The provisions of this §25.3 adopted to be effective May 17, 1995, 20 TexReg 3337.

Each licensee shall file a renewal application, FORM PF1C, with the Department. The renewal form must be postmarked on or before December 31st and shall be accompanied by the following as applicable: (1) $200 renewal fee; (2) Current Franchise Tax Certificate of Good Standing or …

(a) A notice of intent-to-cancel insurance because of default, as provided by the power of attorney agreement, shall be titled "Notice of Intent to Cancel" and shall be sent to the insured with a cancellation date not earlier than ten days after the mailing date of the notice of …

(a) A notice of cancellation because of default shall be titled "Notice of Cancellation" and may not be sent to the insurer before the ten-day waiting period of the notice of intent-to-cancel has expired. Copies of the Notice of Cancellation shall be sent to the insured, insuranc…

Motor clubs are not insurers regulated by the Department. Therefore, membership fees or dues for a motor club may not be financed with insurance policies by a premium finance company. Notes 28 Tex. Admin. Code § 25.6 The provisions of this §25.6 adopted to be effective May 17, 19…

In attempting to collect money due on an insurance premium finance loan from the insured, and prior to implementing the power of attorney, a licensee shall not use unfair debt collection practices, but only lawful remedies authorized under the laws of this state. Notes 28 Tex. Ad…

An insurance premium finance company or its designee shall preserve written record of each oral or written contact made by the company with the insured or any other person for the purpose of collecting late insurance premium finance payments. The record shall also include contact…

If statutory, regulatory, or contractual restrictions provide that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee, certificate of insurance holder or other third party, the insurer shall give the required notice and calculat…

(a) An insurance premium finance company may cancel an insurance policy pursuant to a power of attorney. However, it must notify the insurer in advance or at the time of financing that an insurance premium is being financed and that the insurance premium finance company has a pow…

(a) An insurance premium finance company which enters into an insurance premium finance agreement with an insured to finance an insurance policy or policies shall notify the insurer whose premiums are being financed of the existence of such agreement within a reasonable period of…

When current accounts are relocated to an affiliated office, both licensed offices shall maintain current records of the accounts relocated. A copy of the Notification of Relocation letter to the insured shall be filed with the Department at the time it is mailed to the insured. …

An insurance premium finance company may not engage in deceptive advertising as set forth in the Insurance Code, Article 24.13, and further defined in these sections. (1) Advertisements by an insurance premium finance company shall be truthful, not misleading in fact or in implic…

No licensee shall advertise that loans will be made at any place other than that named in its license. Each such advertisement shall state or clearly indicate the identity of the licensee in such a manner as to prevent confusion with the name of any unrelated licensee. A licensee…

Between examinations by the Department, each licensee shall maintain a file or other complete record of all written communications soliciting the financing of insurance premiums, and of all other advertising material used (including scripts of radio and television broadcasts and …

(a) If rates or charges are stated in advertising, they shall be expressed in terms of an "annual percentage rate" (simple annual interest rate). Any advertisement that states the amount of any installment payment, the dollar amount of any finance charge or the number of installm…

In determining whether any particular advertising matter violates the Insurance Code, Article 24.13, the relevant factors include general arrangement of copy and whether, from statements or representations made, there may be a reasonable inference or impression that such statemen…

For the purposes of this subchapter, a catalog or other multiple page advertisement shall be considered a single advertisement if it clearly and conspicuously displays a credit terms table or chart on which the information required to be stated under these regulations is clearly …

If an insurance company receives notice of a financed insurance premium, the insurer shall notify the insurance premium finance company whenever it notifies the insured or insurance agent of an additional or return premium arising under the financed policy. This section shall not…

(a) Commission action. The commission may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. (b) Consultation. Prior to adopting a lane restriction, the department will consult with any local jurisdiction in whose boundaries the lane rest…

(a) The executive director may restrict a commercial motor vehicle to a specific lane of traffic in a construction or maintenance work zone for a highway that is part of the state highway system if the executive director determines that, based on traffic study performed by the de…

(a) Forms. Forms issued by the department are available from the nearest district office or from the department's traffic operations division, traffic safety section. (b) State and federal regulations. Copies of pertinent state and federal regulations are maintained on file in th…

(a) Any prospective subgrantee with traffic safety responsibility may have its project proposal considered for inclusion in the Texas highway safety plan. (1) Local governments wishing to submit a project proposal should contact the traffic safety section of the traffic operation…

A grant agreement or contract may be executed to provide funding assistance for projects which meet eligibility requirements for one or more of the following areas: (1) alcohol/drug countermeasures projects which support anti-driving while intoxicated and/or anti-driving under th…

Program funds may not be expended for: (1) the purchase of radios, vehicles, emergency equipment, or any other hardware items, except when the department determines the purchase to be essential to the proper accomplishment of a project meeting the other criteria specified; (2) re…

The department will furnish a standard grant agreement format to prospective subgrantees whose proposals are selected for funding. This document will include terms and conditions necessary to produce a sound and complete grant agreement. Notes 43 Tex. Admin. Code § 25.909 The pro…

(a) This section applies only to accident reports filed with the department under Transportation Code, § 550.061 or § 550.062 . (b) The department may correct the location of an accident in an accident report if the department determines that, using the department's mapping syste…

(a) The department will classify motor vehicle crashes by the standards established in the following manuals available through the department web site at www.txdot.gov: (1) the Manual on Classification of Motor Vehicle and Traffic Accidents as adopted by the American Standards In…

(a) A driver involved in a motor vehicle crash that is not investigated by law enforcement is required to submit a driver's crash report within 10 days of the date of the crash on a form prescribed by the department if the crash resulted in: (1) injury to or the death of a person…

(a) A law enforcement officer who investigates a motor vehicle crash shall submit a crash record report within 10 days of the accident on a form prescribed by the department if the crash resulted in: (1) injury to or death of a person; (2) $1000 or more of property damage to the …

(a) Transportation Code, § 545.0651 and § 545.0652 authorize a municipality, a county, or the Texas Department of Transportation to restrict through traffic, by class of vehicle, to two or more designated lanes of traffic on certain portions of the designated state highway system…

(a) This section applies only to increasing the speed limit within an existing speed zone from 70 miles per hour to 75 miles per hour, as authorized by the legislature. (b) The speed zone study necessary for increasing the speed limit from 70 to 75 miles per hour may, at the sole…

(a) Purpose. This section describes the criteria governing the authority to set variable speed limits under Transportation Code, § 545.353(k) . (b) Criteria for variable speed limits. A district engineer may temporarily lower the established prima facie speed limits on a part of …

(a) This section applies only to decreasing the speed limit within an existing speed zone on the state highway system if the crash rate in the section of the roadway is greater than the statewide average crash rate for similar roadways. (b) The speed zone study that is necessary …