Texas Administrative Code

The grantee must, immediately upon discovery, report to the MVCPA director and the MVCPA general counsel any evidence of misappropriation of funds. Notes 43 Tex. Admin. Code § 57.26 The provisions of this §57.26 adopted to be effective January 21, 1993, 18 TexReg 159; transferred…

(a) The MVCPA may withhold funds from a grantee or projects operated by the grantee when: (1) a determination is made that the grantee has failed to: (A) comply with applicable federal or state laws, rules, regulations, policies, or the grant agreements on which the award of the …

(a) A permit issued under this subchapter for a specific facility is valid only for the site named on the permit and may not be amended to authorize any other facility. (b) A permit must be amended and the permit holder must receive the amended permit prior to any of the followin…

(a) The MVCPA may employ or retain the services of auditors for the purpose of assisting the MVCPA to determine an insurer's compliance with the requirements of Transportation Code, § 1006.153 . (b) All insurers subject to Transportation Code, § 1006.153 , shall make their books …

If the MVCPA determines that an insurer failed to pay or intentionally underpaid the fee required by Transportation Code, § 1006.153 , the MVCPA shall notify the Texas Department of Insurance, and the Texas Department of Insurance may for that reason revoke the insurer's certific…

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) It is unlawful for any person to, upon detaching a shark fin from a shark that is lawfully possessed and being processed in a restaurant or place of business, fail to immediately destroy the shark fin as prescribed in this section. Destroyed shark fins shall be lawfully dispo…

The provisions of this division apply to any person who: (1) engages in an activity for which a recreational fishing license is required by Parks and Wildlife Code, Chapter 46; or (2) who is exempt from the license requirement under the provisions of Parks and Wildlife Code, Chap…

(a) It is unlawful while fishing on public waters to have in possession crabs or ghost shrimp in excess of the daily bag limit as established for those waters. (b) There are no bag, possession, or size limits on crabs or ghost shrimp except as provided in this subchapter. (c) It …

(a) On the effective date of this section, the provisions of § 57.981 (c)(5)(O)(iv) of this title (relating to Bag, Possession, and Length Limits) cease effect and no person may retain a spotted seatrout of 28 inches in length or greater except as provided in this section. To the…

The provisions of this division apply to any person who engages in an activity for which a commercial fishing license is required by statute or this subchapter. Notes 31 Tex. Admin. Code § 57.990 The provisions of this §57.990 adopted to be effective June 27, 2010, 35 TexReg 5564

(a) The grantee will retain ultimate control of and responsibility for the grant project and any contractor shall be bound by grant agreements, grant conditions, and any other requirements applicable to the grantee. (b) Contracts, including any amendments, must be reviewed and ap…

(a) Definitions. For purposes of this section, the following definitions apply, unless the context clearly indicates otherwise: (1) "Advertisement" means a commercial message in any medium that promotes, directly or indirectly, a residential mortgage loan transaction or is otherw…

For the purposes of this section, "vessel" has the meaning assigned by Parks and Wildlife Code, § 31.003 , and "boat ramp" means a boat ramp, launch area, or any other access point that can be used to access public water, and includes parking areas, parking overflow areas, and an…

(a) Fraudulent, Misleading, or Deceptive Practices. The following conduct by a mortgage banker or its sponsored originators constitutes fraudulent and dishonest dealings for purposes of Finance Code § 157.009(d) : (1) knowingly misrepresenting the mortgage banker's or sponsored o…

(a) Registration Required. A person, unless exempt as provided by Finance Code § 157.004 , is required to be registered with SML as a mortgage banker under Finance Code Chapter 157 if the person engages in or conducts the business of a mortgage banker or advertises or holds that …

This chapter governs SML's administration and enforcement of Finance Code Chapter 157, the Mortgage Banker Registration and Residential Mortgage Loan Originator License Act, concerning the registration and operations of mortgage bankers. This chapter applies to persons registered…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Approved laboratories--Texas A&M Poultry Diagnostic Laboratories located at College Station, Center, and Gonzales, Texas, the National …

A violation of Finance Code Chapter 157, or this chapter, does not render an otherwise lawfully taken lien invalid or unenforceable. Notes 7 Tex. Admin. Code § 57.6 Adopted by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9213 , eff. 11/23/2024

The calculation of any time period measured in days by Finance Code Chapter 157, or this chapter, is made using calendar days, unless clearly stated otherwise. In computing a period of calendar days, the first day is excluded and the last day is included. If the last day of any p…

Any notice or disclosure required by Finance Code Chapter 157, or this chapter, may be provided and signed in accordance with state and federal law governing electronic signatures and delivery of electronic documents. The UETA and E-Sign Act include requirements for electronic si…

Adjudicative hearings conducted under Finance Code Chapter 157 are governed by the rules in Chapter 9 of this title (concerning Rules of Procedure for Contested Hearings, Appeals, and Rulemakings). Contested cases referred to the State Office of Administrative Hearings (SOAH) are…

(a) Purpose. Finance Code Chapter 157 provides that certain decisions of the Commissioner adverse to the mortgage banker or other person may be appealed and offers the opportunity for an adjudicative hearing to challenge the decision. This section establishes various deadlines by…

(a) Escheat Suspense Account; Escheat Log. Funds owed to or held for the benefit of a mortgage applicant, borrower, or other customer of the mortgage banker for more than one year (i.e., unclaimed funds) must be transferred to an escheat suspense account. The mortgage banker must…

(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 § 157.021 . (b) Confidential Information. All information obtained by SM…

(a) A registration may be renewed on: (1) timely submission of a completed renewal application (renewal request) in NMLS together with payment of all required fees; and (2) a determination by SML that the mortgage banker continues to meet the minimum requirements for registration…

(a) Registration Fees. The registration fee is determined by the Commissioner in an amount not to exceed the maximum amount specified by Finance Code § 157.006 , exclusive of fees charged by NMLS, as described in subsection (b) of this section. The Commissioner may establish diff…

(a) NMLS. Applications for registration must be submitted through NMLS and must be made using the current form prescribed by NMLS. SML has published application checklists on the NMLS Resource Center website (nationwidelicensingsystem.org; viewable on the "State Licensing Require…

(a) The commission requires that dealers of domestic fowl, or exotic fowl maintain records of all domestic fowl, or exotic fowl bought and sold. In this section, "dealer" means a person engaged in the business of buying or selling animals in commerce: (1) on the person's own acco…

(a) Upon receipt of an Invoice, the Agency shall immediately mark the Invoice with the date the Agency received the Invoice. The Agency must review the submitted Invoice, and any other information deemed necessary, to verify that: (1) the legal services contained in the Invoice w…

(a) An Invoice may not be paid without the prior approval of the Office of the Attorney General. (b) If the Agency approves an Invoice, or a portion of an Invoice, pursuant to § 57.7 (b) of this chapter, the Agency must submit the following information to the Office of the Attorn…

(a) Except as provided in § 57.113 of this title (relating to General Provisions and Exceptions), no person may transport live controlled exotic species, except for: (1) a person who is a controlled exotic species permit holder, an employee of the permit holder, or a common carri…

(a) Each grantee shall implement the grant within 45 days of the designated start date indicated on the grant award statement. (b) Failure by the grantee to implement a grant within 45 days will be construed by the MVCPA as the grantee's relinquishment of the grant award. (c) Any…

(a) Corrective Action, Generally; Purpose. During an examination, investigation, or inspection, SML may determine that violations, deficiencies, or compliance issues (collectively, violations) occurred. Within the confidential environment of the examination, investigation, or ins…

(a) State funds provided by this Act shall not be used to supplant state or local funds. (b) Supplanting means the replacement of other funds with Motor Vehicle Crime Prevention Authority (MVCPA) grant funds. It shall also include using existing resources already available to a p…

(a) A grantee may appeal the termination of a grant by writing to the MVCPA director and MVCPA board designee within 10 days from the date of the suspension or termination notification. (b) The grantee may submit written documentation in support of the appeal. (c) The MVCPA direc…

Grantees shall comply with all applicable state and federal statutes, rules, regulations, and guidelines. Notes 43 Tex. Admin. Code § 57.3 The provisions of this §57.3 adopted to be effective January 21, 1993, 18 TexReg 159; transferred effective February 24, 1998, as published i…

(a) The MVCPA may terminate any grant for failure to comply with any of the following: (1) applicable federal or state laws, rules, regulations, policies, or guidelines; (2) terms, conditions, standards, or stipulations of grant agreements; or (3) terms, conditions, standards, or…

(a) Each grantee shall submit all required reports in accordance with the instructions provided in the MVCPA Grant Administrative Manual. (b) Reporting is based on the Texas government fiscal year calendar, beginning September 1 through August 31. Notes 43 Tex. Admin. Code § 57.2…

(a) Grant funds may not be obligated prior to the effective date or subsequent to the termination date of the grant period. (b) Obligations must be related to goods or services provided and used for approved purposes. Notes 43 Tex. Admin. Code § 57.21 The provisions of this §57.2…

(a) The grantee must secure prior written approval from the MVCPA director for any of the following: (1) changes in the need, objectives, approach, or geographical location of the grant; (2) changes in the number of positions or job descriptions of personnel specified in the gran…

(a) Upon completion of the grant period, a grantee must pay all valid outstanding liabilities within 90 days. (b) All payments made after the completion of the grant period must relate to obligations encumbered before the end of the grant period. Notes 43 Tex. Admin. Code § 57.17…

All grants shall be conducted in accordance with the following: (1) applicable federal or state laws, rules, regulations, policies, or procedures; and (2) terms, conditions, standards, or stipulations of grant agreements. Notes 43 Tex. Admin. Code § 57.16 The provisions of this §…

(a) Interstate transit permits. Interstate transit permit application, issuance, and period of validity are described in § 57.121 of this title (relating to Transport of Live Controlled Exotic Species). (b) Permit application. (1) Submission deadline. An initial application for a…

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…

(a) Nongame Species. A permit to sell the following species of fish taken from public fresh water may be issued if the department determines that it is necessary to properly manage the species. (1) Gars (Lepisosteus spp. and Atractosteus spp.); (2) Bowfin (Amia calva); (3) Shads …