Texas Administrative Code

The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, Chapter 76. Notes 31 Tex. Admin. Code § 58.24 The provisions of this §58.24 adopted to be effective October 3, 1996, 21 TexReg 9172.

When used in this subchapter, the following words and terms shall have the following meanings, except where the context clearly indicates otherwise. All other words and terms used in this subchapter shall have the meanings assigned by the Parks and Wildlife Code. (1) Administrati…

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

(a) Definitions. For purposes of this section, the following definitions apply, unless the context clearly indicates otherwise: (1) "Catastrophic event" means an event, other than a security event, that is unforeseen and results in extraordinary levels of damage or disruption to …

(a) NMLS Registration Status. SML is required to assign a status to the registration in NMLS. The registration status is displayed in NMLS and on the NMLS Consumer Access website (nmlsconsumeraccess.org). SML is limited to the registration status options available in NMLS. The NM…

(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…

Adjudicative hearings conducted under Finance Code Chapter 158 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…

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 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…

(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…

The calculation of any time period measured in days by Finance Code Chapter 158, 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…

(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…

Any notice or disclosure required by Finance Code Chapters 158, 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 s…

(a) Purpose. Finance Code Chapter 158 provides that certain decisions of the Commissioner adverse to a mortgage servicer 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) 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) 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) 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…

The purpose of this subchapter is to clarify and establish requirements related to the Commissioner's authority to conduct inspections of, and investigations on, a wrap lender who is required to register as a residential mortgage loan servicer under Finance Code Chapter 158 (wrap…

(a) Purpose. This section clarifies and establishes requirements related to the wrap lender's requirement to maintain information and records necessary to facilitate the Commissioner's inspection of a wrap lender required to register as a residential mortgage loan servicer under …

(a) Purpose. The purpose of this section is to implement the requirements of Finance Code § 159.252 concerning SML's authority to conduct an investigation of a wrap lender required to register as a residential mortgage loan servicer under Finance Code Chapter 158. (b) Reasonable …

The calculation of any time period measured in days by Finance Code Chapter 159, or this chapter, is made using calendar days, unless clearly stated otherwise. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is …

This chapter governs the Commissioner's administration and enforcement of Finance Code Chapter 159, governing wrap mortgage loans concerning residential real estate located in Texas. This chapter applies to wrap mortgage lenders, borrowers, and any person who collects or receives…

(a) A person authorized to use a facility overnight may remain in the facility from the time of admission until 2 p.m. on the day of checkout and may remain in the park until the posted closing time, unless otherwise clearly and prominently posted at the park. (b) Fee ranges - fa…

Parks entry passes authorize entry privileges to parks where entry fees apply but are not valid for activity or other applicable fees. (1) Annual Park Entrance Passes. (A) A valid annual park entrance pass authorizes park entry without payment of an individual entrance fee for th…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Arms and firearms--Any device from which shot, a projectile, arrow, or bolt is fired by the force of an explosion, compressed air, g…

(a) Purpose. This section clarifies and establishes requirements related to SML's authority to make inspections of a wrap lender required to register as a residential mortgage loan servicer under Finance Code Chapter 158, as provided by Finance Code § 159.252 . (b) Notice of Exam…

The following terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Commission of Licensing and Regulation. (2) Continuing Education Courses or Courses--Department-approved courses that may be comp…

These rules are promulgated under the authority of Texas Occupations Code, § 51.405 . Notes 16 Tex. Admin. Code § 59.1 The provisions of this §59.1 adopted to be effective November 24, 2004, 29 TexReg 10765

(a) If a person violates any provision of this chapter, or any provision of a statute or rule administered by the department, or a commission or executive director order, the department may assess administrative penalties pursuant to Texas Occupations Code, § 51.301 and § 51.302 …

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Animal Health Commission. (2) Executive director--The chief executive officer of the commission appointed by the com…

(a) Vehicles owned, leased by, or rented by the Commission shall be maintained, assigned and operated in accordance with policies issued by the Executive Director and consistent with the state's vehicle management plan. (b) Each agency vehicle, with the exception of a vehicle ass…

(a) Definitions: (1) High risk area or county--An area or county that is epidemiologically judged to have a high probability for animals to be either infected with or exposed to a disease. (2) Hold Order--A document restricting movement of a herd, unit, or individual animal pendi…

(a) Definitions: (1) "Animal" means livestock, exotic livestock, domestic fowl, or exotic fowl. (2) "Executive Director" means the Executive Director of the Texas Animal Health Commission. (3) "Air Curtain Incineration" means a mechanical process of incineration by which super-he…

(a) Any person may petition for a rule or rule change by submitting a request to the commission's executive director that complies with the following requirements. (1) The petition shall be typed or legibly printed and shall be signed by the petitioner or the petitioner's authori…

(a) Purpose. The purpose of this section is to establish procedures whereby the agency determines if private real property rights are affected by governmental action taken by the Commission. (b) Categorical Determination. Categorical Determinations that no private real property i…

The Texas Animal Health Commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program). Notes 4 Tex. Admin. Code § 59.9 The provisions of this §59.9 adopted …

(a) Provider application fee--$200. (b) Provider renewal application fee-- $200. (c) Course-approval fee per occupation--$100. (d) Revised/Duplicate License/Certificate/Permit/Registration--$25. (e) Record fee, if required--$5 per licensee. (f) All fees paid to the department are…

These rules are promulgated to establish continuing education provider and course requirements for the following occupations regulated by the Department of Licensing and Regulation: (1) Air conditioning and refrigeration contractors, as provided by Texas Occupations Code, Chapter…

(a) Provider registrations are valid for one year and may be renewed at the end of each registration period. (b) To renew a registration, a provider shall: (1) file a completed application for renewal on the appropriate department-approved form; (2) pay all applicable fees; and (…

(a) Continuing education providers must be registered with the department to provide or offer to provide continuing education courses. (b) To register, an applicant shall: (1) file a completed application on the appropriate department-approved form; (2) pay all applicable fees; (…

(a) Franchise fee rates shall be determined by the executive director or his designee in an equitable and fair manner, giving consideration to the various types of operations, gross receipts, net profit, and capital invested. Single or multiple percentages applied to all or vario…

(a) State Parks. State Parks are areas of natural or scenic character, often containing historical, archeological, ecological, or geological values selectively developed to provide resource-oriented recreational opportunities. (1) Selection. (A) State Parks should be areas posses…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Low Impact Public Use--Development or use of a site which results in minimal long-term irreversible adverse impact, or is within accept…

It is the policy of the Parks and Wildlife Commission that: (1) The executive director is authorized to implement the following classification and guidelines for existing and future lands managed or operated by the department. The Texas Parks and Wildlife Commission shall determi…