Texas Administrative Code

(a) Fraudulent, Misleading, or Deceptive Practices. The following conduct by a mortgage company or its sponsored originators constitutes fraudulent and dishonest dealings for purposes of Finance Code § 156.303(a)(3) : (1) knowingly misrepresenting the mortgage company's or sponso…

Any notice or disclosure (notice) required by Finance Code Chapter 156, or this chapter, must be easily readable. A notice is deemed to be easily readable if it is in at least 12-point font and uses a typeface specified by this section. A font point generally equates to 1/72 of a…

(a) Purpose. This section clarifies and establishes requirements related to investigations of a mortgage company and its sponsored originators conducted by SML under Finance Code § 156.301 . (b) Reasonable Cause. SML will conduct an investigation if it has reasonable cause to do …

(a) Purpose. This section clarifies and establishes requirements related to the confidentiality of information obtained by SML during an examination, investigation, or inspection, as provided by Finance Code § 156.301 . (b) Confidential Information. All information obtained by SM…

A violation of Finance Code Chapter 156, or this chapter, does not render an otherwise lawfully taken lien invalid or unenforceable. Notes 7 Tex. Admin. Code § 56.6 Adopted by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9209 , eff. 11/23/2024

(a) Content of reports. Reporting entities must submit electronic copies of the following information to the OAG quarterly in accordance with this chapter. (1) The number of instances that the Reporting Entity indicted a peace officer for the peace officer's conduct during offici…

(a) Criminal conduct. The department may refuse to issue or renew a license or permit to any person who has been finally convicted of or assessed an administrative penalty for a violation of: (1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1; (2) a provisi…

(a) An applicant may request a review of a decision of the department to refuse issuance of a license or permit. (1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a license or permit must submit a written request for the re…

(a) A licensee or permittee may request a review of a preliminary decision of the department to seek revocation or suspension of a license or permit. (1) An applicant seeking review of a preliminary decision of the department with respect to the revocation or suspension of a lice…

(a) The department may prohibit any person from engaging in activities regulated under a permit or license as a subpermittee, agent, or volunteer if that person is prohibited for any reason from obtaining the permit or license or from engaging in activities authorized by the perm…

The provisions of this chapter apply to the following types of permits and licenses. (1) Aerial Wildlife Management; (2) Alligator - all; (3) Bait Dealer - all; (4) Bait Shrimp Dealer; (5) CITES Tag Dealer - all; (6) Commercial Fishing Boat - all; (7) Commercial Mussel and Clam F…

A structured settlement is not final until the settlement is approved by the board. Board approval is deemed to have occurred at 5 p.m. of the day the approval is signed (effective 1987). Notes 28 Tex. Admin. Code § 56.50 The provisions of this §56.50 adopted to be effective Dece…

An annuity company providing an annuity under the terms of a structured settlement must be licensed to do business in Texas and must have a Best's rating of A+, with a financial size category of VII or above, according to the most recent information available (effective 1987). No…

A structured settlement entered into by a claimant who is represented by an attorney must be signed by the attorney. The attorney's name and address must be on the face of the settlement (effective 1987). Notes 28 Tex. Admin. Code § 56.35 The provisions of this §56.35 adopted to …

Sections 51.5, 51.7, 51.10 , 51.35, 51.40, 51.45, 51.50 , 51.55, and 51.60 of this title (relating to Power of Attorney; Representation in Fatal Cases; Joint Payment of Award; Unauthorized Attorney's Fees; Attorneys Not Licensed in Texas; Attorney's Fees and Expenses in Fatal Cas…

The carrier shall have 20 days after the date of approval of a structured settlement to pay or tender any approved lump sum payment to the injured employee or approved fees and expenses to any attorney(s), and shall have 20 days from the receipt of bills in which to tender all re…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Annuity company--The company from which the carrier is purchasing an annuity for the claimant. The annuity company may be the carrier i…

(a) Quarantine provisions. (1)Poultry and/or premises shall be placed under quarantine when evidence of infection or possible exposure to any contagious and/or communicable disease not considered to be endemic exists in the State of Texas. A quarantine shall remain in effect unti…

(a) Water spinach Culture. Controlled exotic species facility permits may be issued for culture, transport, and sale of water spinach, in accordance with the provisions of this subchapter and § 57.118 of this title (relating to Special Provisions--Water Spinach). (b) Commercial A…

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. (1) Day--A 24-hour period of time that begins at midnight and ends at midnight. (2) Freshwater mussel--Bivalve mollusks of the family Uni…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Aquaculture--The business of producing and selling cultured species raised in private facilities. (2) Aquatic plant--All plants whos…

(a) An offshore aquaculture permit under this subchapter may be issued to an individual, corporation, company, or other entity that meets all requirements of Texas law for transacting business in this state and the requirements of this subchapter applicable to offshore aquacultur…

(a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's residence and is finally processed. (b) The possession limit does not apply to fis…

(a) In addition to the requirements of § 57.981(c)(5)(G) of this title (relating to Bag, Possession, and Length Limits), one red drum exceeding the maximum length limit may be retained by a person who is by statute or rule exempt from fishing license possession requirements, prov…

(a) The possession limit applies to all aquatic animal life in the possession of or stored by any person, but does not apply to aquatic animal life that has been lawfully obtained and for which a person possesses an invoice or sales ticket showing the name and address of the sell…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affected species--For purposes of this subchapter, all nongame fish and exotic fish listed in § 57.378 of this title (relating to Ap…

Except as provided by this subchapter it is unlawful for any person to: (1) sell or offer for sale a fish of the species listed in § 57.378 of this title (relating to Applicability: Affected Species ) taken from the public fresh water of the state, unless the person: (A) holds a …

(a) An applicant for a permit under this subchapter shall submit a completed application to the department on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance). (b) The application must be received …

(a) A permit issued under this subchapter shall specify: (1) the name, telephone number and physical address of the permittee; (2) the water body where the activity is permitted; (3) the fish species for which take and/or sale is allowed; and (4) the types and number of devices t…

(a) No person may collect or possess broodstock in public waters unless the person is in physical possession of: (1) a valid broodstock permit issued by the department; and (2) a valid recreational fishing license issued by the department. (b) Violation of any provision of a perm…

The department's nearest coastal or inland regional fisheries office and law enforcement office must be notified no less than 48 hours prior to commencement of broodstock collection. Notes 31 Tex. Admin. Code § 57.394 The provisions of this §57.394 adopted to be effective October…

(a) The department shall not issue a permit under this subchapter to any person who has, during the one-year period preceding the date of application, been convicted for a violation of any provision of this subchapter, provisions of a permit issued under this subchapter, or: (1) …

(a) Broodstock permits expire 60 days from the date of issuance. (b) Broodstock permits are not transferable. Notes 31 Tex. Admin. Code § 57.396 The provisions of this §57.396 adopted to be effective October 3, 1996, 21 TexReg 9170; Amended by Texas Register, Volume 45, Number 34…

It is an offense for any person to: (1) violate a provision of this subchapter; (2) violate a provision of a permit issued under this subchapter; (3) fail to comply with the reporting requirements of this subchapter; (4) provide false information in a report required under this s…

A broodstock permit may be denied if: (1) the applicant fails to satisfy all required criteria for permit issuance required by this subchapter; (2) the department finds that the prospective collection activities could be detrimental to existing [fish] populations of aquatic speci…

An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal. (1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first…

A person holding a permit issued under this subchapter shall submit a collection report to the department within seven days of any collection activity conducted under a permit issued under this subchapter. The report shall be on a form provided by the department. Notes 31 Tex. Ad…

The department shall calculate the restitution value of aquatic species taken under a permit issued under this subchapter and assess the permit holder for that value. A permit holder shall pay the restitution value within 14 days of being notified by the department. Notes 31 Tex.…

All motor vehicles, trailers, or semitrailers transporting aquatic products for commercial purposes shall: (1) exhibit the inscription "FISH" on the rear of the vehicle. The inscription shall read from left to right and shall be plainly visible at all times while transporting aqu…

(a) The Texas Artificial Reef Fishery Management Plan and source document are incorporated by reference. (b) The Texas Blue Crab Fishery Management Plan is incorporated by reference. (c) The Oyster Fishery Management Plan and the Economic Impact Analysis are adopted by reference.…

A local aquatic vegetation plan may be adopted and shall apply to particular public bodies of surface water as provided in Texas Parks and Wildlife Code, § 11.083 . A governing entity intending to operate under a local aquatic vegetation plan shall seek approval of its proposed l…

(a) To be approvable by TCEQ, TPWD, and TDA, a local plan must meet the minimum standards set forth in § 57.932 of this title (relating to State Aquatic Vegetation Plan). Additional or more specific requirements are approvable. (b) A local plan may take into account the particula…

Governing entities shall retain copies of the following documents generated under this subchapter for a minimum of five years from generation: all local plan submissions and approvals, all treatment proposals submitted to TPWD, all notices received and provided, all control measu…

(a) No person may construct or attempt to construct an artificial reef in the coastal waters of this state unless the person has entered into a Public Reefing Agreement (PRA) with the department as described in § 57.954 of this title (relating to Terms of Public Reefing Agreement…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. (1) Agent--A person authorized by an applicant to act on behalf of the applicant. (2) Applicant--Any person applying for a PRA. For the p…

(a) This subchapter applies to: (1) all persons and activities governed under the applicable provisions of Parks and Wildlife Code; (2) all aquatic animal life, except otherwise provided; and (3) all aquatic life caught in the Exclusive Economic Zone (EEZ) and landed in this stat…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms in this subchapter shall have the meanings assigned in the Texas Parks and Wildlife Code. (1) Annual bag limit…