Texas Administrative Code

(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…

(a) Except as provided in this section, a commercial crab fisherman's license may not be transferred from one person to another before September 1, 2001. (b) A commercial crab fisherman's license may be transferred at any time, by will, or otherwise to any person who in the absen…

(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) 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…

Licenses issued under authority of Parks and Wildlife Code, Chapter 78, and this subchapter are valid only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 and extends throug…

(a) A person may not engage in commercial crab fishing without a commercial crab fisherman's license. (b) A person may operate a boat bearing a commercial crab fisherman's display license plate, ONLY if that person possesses on board the boat the following documentation: (1) a co…

The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Coastal waters--All the salt water of this state (as defined in § 65.3 of this title (relating to Definitions)), including that porti…

Delegation of Authority. The Commission delegates power and authority to the executive director to administer the Crab License Management Program. Notes 31 Tex. Admin. Code § 58.201 The provisions of this §58.201 adopted to be effective June 1, 1998, 23 TexReg 5727.

The provisions of § 58.163 (c)(4)(A) of this title (relating to Shrimping in Inside Waters--Commercial Bay Shrimping) are not effective as of the effective date of this section. Notes 31 Tex. Admin. Code § 58.166 Adopted by Texas Register, Volume 40, Number 29, July 17, 2015, Tex…

(a) General rules. (1) Open waters--commercial bay shrimp boats may shrimp only in major bays. (2) It is unlawful for any person: (A) aboard a vessel licensed as a commercial bay shrimp boat to off-load, transfer, sell, or barter any amount of live or dead shrimp to a person aboa…

(a) It is unlawful: (1) during the period April 1 through August 14, to take or attempt to take shrimp from the inside water except between the hours of 30 minutes before sunrise to 30 minutes after sunset ; (2) to use a trawl at a time when shrimping is prohibited; (3) to fail t…

(a) Gulf net restrictions. (1) Except as otherwise provided in this section, no trawls may have a mesh size smaller than 8-3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used. (2) Except…

(a) It is unlawful to: (1) take or attempt to take shrimp within the boundaries of any natural or man-made pass leading from the inside waters to the outside waters (Gulf of Mexico) of the state; (2) use a trawl at a time when shrimping is prohibited; (3) possess a trawl of any t…

(a) Reporting by licensee. A licensee under this section who catches and then sells shrimp in the state to individuals other than shrimp house operator, wholesale fish dealer, retail fish dealer, wholesale truck dealer, retail truck dealer, bait dealer, bait-shrimp dealer shall s…

(a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Shrimp License Buyback Program. (b) License Buyback Bid Application Period. (1) The department will open one or more license buyback bid offer application periods…

The following words and terms, when used in the subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Approved area--A molluscan shellfish growing area determined to be acceptable for harvesting of molluscan shellfish for direct market…

A person who violates a provision of this subchapter is subject to penalties and provisions as authorized by Parks and Wildlife Code, Chapter 77. Notes 31 Tex. Admin. Code § 58.104 The provisions of this §58.104 adopted to be effective October 3, 1996, 21 TexReg 9176.

(a) The Shrimp Fishery Management Plan and the Economic Impact Analysis are adopted by reference. (b) Copies may be obtained at the Texas Parks and Wildlife Department offices at 4200 Smith School Road, Austin, Texas 78744. Notes 31 Tex. Admin. Code § 58.103 The provisions of thi…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Aquatic products--Any aquatic life, alive or dead, uncooked, fresh or frozen, which is intended to be used for human consumption or …

(a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of shrimp resources in the salt waters of Texas. It carries out the Commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 77. The law covering …

(a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas. It carries out the commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 76. The law covering …

(a) Violations of the transplanting or harvesting procedures include, but are not limited to, the following: (1) harvesting oysters from areas under a certificate of location other than covered under permit; (2) harvesting oysters from restricted or prohibited areas as designated…

(a) Oysters may be harvested pursuant to a certificate of location only under a permit issued by the department. (b) Oyster Harvest Application. (1) Written application for a harvest permit must be received two business days prior to the requested harvest dates and include the fo…

(a) Oysters for transplanting pursuant to certificate of location may be taken only under a permit issued by the department. (b) Oyster Transplant Application. (1) The application for a transplant permit must include the following information: (A) oyster certificate of location n…

(a) A person who violates a provision of this subchapter or a provision of a permit issued under this subchapter commits an offense punishable by the penalty prescribed by Parks and Wildlife Code, § 75.0107 . (b) A permit issued under this section is not a defense to prosecution …

(a) A permittee shall: (1) maintain a current, accurate record of all shellstock and larvae acquired, introduced, removed, or harvested from a permitted facility; (2) submit the monthly harvest reports prescribed by Parks and Wildlife Code, § 66.019 on a form provided or approved…

(a) The department may amend a permit issued under the provisions of this subchapter, provided the permittee: (1) has submitted an administratively complete application for permit amendment on a form provided or approved by the department; and (2) possesses all necessary authoriz…

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) Registration Required. A person, unless exempt as provided by Finance Code § 158.052 , is required to be registered with SML as a mortgage servicer under Finance Code Chapter 158 if the person: (1) acts as a mortgage servicer or engages in or conducts the business of a mortga…

This chapter governs SML's administration and enforcement of Finance Code Chapter 158, the Residential Mortgage Loan Servicer Registration Act, concerning the registration and operations of residential mortgage loan servicers. This chapter applies to persons registered with SML a…

(a) Registration Fees. The registration fee is determined by the Commissioner in an amount not to exceed the maximum amount specified by Finance Code § 158.053(b) , exclusive of fees charged by NMLS, as described in subsection (b) of this section. The Commissioner may establish d…

(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) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Crab License Buyback Program. (b) Twenty percent of commercial crab fisherman's license and commercial crab fisherman's license transfer fees shall be set aside t…

(a) General rules. (1) It is unlawful for any person: (A) to take or attempt to take non-commercial shrimp in coastal waters by any means except an individual bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet in length that is manually operated without the use …

(a) Executive Director Authority. If the executive director determines that a disease as identified in § 58.2 (a) of this title (relating to Disease Control) or an agent of transmission of one of those diseases exists in a place in this state, or that livestock are exposed to or …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) "Animal" includes livestock, exotic livestock, domestic fowl water fowl, and exotic fowl or any invertebrate or vertebrate. (2) "Animal…

(a) Purpose and Applicability. This section clarifies and establishes requirements related to the surety bond certain mortgage servicers are required to have under Finance Code § 158.055 . This section does not apply to a mortgage servicer excepted from the surety bond requiremen…

For purposes of this chapter, and in SML's administration and enforcement of Finance Code Chapter 158, the following definitions apply, unless the context clearly indicates otherwise: (1) "Commissioner" means the savings and mortgage lending commissioner appointed under Finance C…

(a) Purpose. This section clarifies and establishes requirements related to the disclosure a mortgage servicer is required to make under Finance Code § 158.101 . (b) Specific Notice to Borrower. A mortgage servicer must send written notice to the borrower concerning SML's regulat…

(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 servicer continues to meet the minimum requirements for registrati…

(a) Compensation: Livestock that are exposed or infected with a disease as identified in § 58.2 of this title (relating to Disease Control) and required to be slaughtered in compliance with § 58.31 of this title (relating to Disposal of Diseased or Exposed Livestock) may be subje…

(a) Surrender Request. A mortgage servicer may seek surrender of the registration by filing a surrender request (request) in NMLS. The filing must be made using the current form prescribed by NMLS. SML will review the request and determine whether to grant it. SML may not grant t…

(a) Executive Director Authorization: The commission authorizes the executive director to issue an order to require the slaughter of livestock, under the direction of the commission, or the sale of livestock for immediate slaughter if the livestock is exposed to or infected with …

(a) The State of Texas Emergency Management Plan. This plan defines the organization, establishes operational concepts, assigns responsibilities, and outlines coordination procedures for accomplishing comprehensive emergency management objectives in Texas. The plan contains "Appe…

(a) Notice. The executive director shall give written notice of movement restriction requirements, as provided in § 58.21 of this title (relating to Livestock Movement Restrictions), which are in effect within this state or part of the state: (1) by fax, or (2) by mail, or (3) by…

(a) Purpose: Livestock in Texas are subject to a variety of highly contagious, foreign animal diseases (FAD). The infection or exposure of Texas livestock to a FAD would create an animal health emergency requiring the commission to respond as expediently as possible. A FAD may be…

(a) The Executive Director is authorized to act for the commission in order to respond expeditiously to an animal health emergency. All actions of the Executive Director, under this chapter, will be in accordance with any direction, action or authorization provided by the commiss…