Texas Administrative Code

(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) The commercial seasons for finfish species listed in this section and caught in Texas waters shall run concurrently with commercial seasons established for the same species caught in federal waters of the Exclusive Economic Zone (EEZ). (b) The commercial fishing season in the…

(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…

(a) The department may issue a permit for introduction of triploid grass carp into public water after finding that the introduction is not likely to affect threatened or endangered species or interfere with specific management objectives for other important species or habitats. (…

In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit, the department may refuse issuance or renewal, as applicable, of a permit to…

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) 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…

(a) Purpose: The Redfish Bay State Scientific Area is established for the purpose of education, scientific research, and preservation of flora and fauna of scientific or educational value. (b) Boundaries: (1) 27 59.538N; 097 3.858W (Northern extremity of island forming northern b…

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) Canal--an artifi…

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…

(a) An insurer that seeks a determination of the sufficiency or a refund of a semi-annual payment must file an amended report for each period and submit a written claim to the MVCPA director or the MVCPA board designee requesting a determination or a refund not later than four ye…

(a) Penalty for Late Payment of Fee. (1) A penalty shall be assessed against an insurer for the delinquent payment of the fee required under Transportation Code § 1006.153(b-1) . (2) The penalty for the delinquent payment of the fee shall be assessed in accordance with Tax Code §…

(a) MVCPA may authorize the licensure of MVCPA owned intellectual property. (b) MVCPA will determine the monetary value of MVCPA intellectual property and will set license fees. (1) In determining an appropriate fee for licensure of MVCPA intellectual property, MVCPA will conside…

(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…

For each grant, the MVCPA will determine whether to require grantees to contribute a cash match to be eligible for funding. If required, the cash match will be a percentage of the total MVCPA award, for each year of funding, not to exceed 20%. The cash match requirement for each …

(a) Funds may be used by the MVCPA and grantees for promotional items to enhance auto theft crime prevention efforts. (b) Funds may be provided for project promotion through paid advertisement, such as billboards, television, newspaper, or radio announcement. Production costs for…

Each criminal and juvenile justice agency receiving funds from the MVCPA or that benefits from funds awarded by the MVCPA to another agency must, as a condition precedent to any grant award, comply fully with reporting requirements of the Texas Uniform Crime Reporting Program, De…

(a) If the grantee has a reasonable belief that a criminal violation may have occurred in connection with MVCPA funds, including the misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with the requirements …

(a) Each insurer, in calculating the fees established by Transportation Code § 1006.153 , shall comply with the following guidelines: (1) The single statutory fee of $5 is payable on each motor vehicle for which the insurer provides insurance coverage during the calendar year reg…

(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) 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) 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 …

(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) Indemnification to poultry owners. Poultry that are slaughtered in compliance with the disease program standards or as a result of a response on an official test may be indemnified. The commission may pay the owner the unreimbursed amount determined by deducting the salvage v…

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) 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) 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) 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…

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…

(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 …

(a) General rules. (1) A person who has on board or displays a commercial bait-shrimp boat license must operate only under the bait-shrimp rules of this section. (2) Open waters: commercial bait shrimp boats may shrimp only in bait bays and major bays, except as otherwise provide…

(a) Seasons and Times. (1) The open season extends from November 1 of one year through April 30 of the following year. (2) Legal oystering hours--sunrise to 3:30 p.m. (b) Size Limits and Possession of Undersized Oysters and Shell. (1) Size limit--Legal oysters must be three inche…

(a) No person may engage in cultivated oyster mariculture (COM) in this state unless they have on their person a valid permit issued by the department authorizing the activity. A valid permit may be possessed in physical or electronic format. (b) A Cultivated Oyster Mariculture (…

A commercial finfish fisherman's license may be transferred at any time. Notes 31 Tex. Admin. Code § 58.303 The provisions of this §58.303 adopted to be effective July 6, 2000, 25 TexReg 6361

(a) Delegation of Authority. To the fullest extent allowed by law, the commission delegates power and authority to the executive director to administer the Finfish License Buyback Program. (b) Twenty percent of commercial finfish fisherman's license and commercial finfish fisherm…

This subchapter applies to cultivated oyster mariculture in this state. No provision of this subchapter may be construed as to relieve any person of the need to comply with any other applicable provision of federal, state, or local laws. Notes 31 Tex. Admin. Code § 58.350 Adopted…

All cultivated oyster mariculture operations conducted under Parks and Wildlife Code, Chapter 75, must comply with the applicable shellfish sanitation rules of the Texas Department of State Health Services in 25 TAC Chapter 241, Subchapter B. Notes 31 Tex. Admin. Code § 58.351 Ad…

(a) An applicant for a permit under this subchapter must submit an administratively complete application to the department. The department will not review an application that is not administratively complete. (b) The department will place notification on the departmental website …

The department may renew a permit under this subchapter, provided the permittee has submitted an administratively complete application for permit renewal on a form provided or approved by the department, accompanied by the application fee specified in § 53.13 of this title (relat…

(a) A boat operated for the purposes of commercial crab fishing is required to have a commercial crab fisherman's license plate issued under this subchapter prominently displayed as to be clearly visible from both sides of the boat. (b) No more than one set of commercial crab fis…

(a) The department may renew a commercial crab fisherman's license only if the person seeking to renew the license held the license to be renewed at the end of the previous license year. (b) Individuals not meeting the requirements set forth in subsection (a) of this section may …

(a) Except as provided by subsection (b) of this section, no person may hold or directly control more than three commercial crab fisherman's licenses. (b) A commercial crab fisherman's license may only be issued to an individual. A business or partnership must designate an indivi…