Texas Administrative Code

(a) Grant contracts awarded under the OAG OVAG program may be used for victim-related services or assistance for the following purposes: (1) providing direct victim services including, but not limited to, counseling, crisis intervention, assistance with Crime Victim's Compensatio…

(a) Grantee will contract with an independent, licensed CPA firm to perform an annual financial audit engagement. If applicable, grantee's independent, licensed CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance wi…

(a) Compliance reviews include programmatic monitoring, financial monitoring, and financial auditing. (b) The OAG will conduct compliance reviews throughout the existence of a grant. A grantee must make all grant-related records available to OAG representatives unless the informa…

(a) Grantee personnel, members of a grantee board or governing body, or other persons affiliated with the grant project shall not participate in any proceeding or action where grant funds personally benefit, directly or indirectly, the individuals or their relatives. For the purp…

A grantee must immediately provide notification to the OAG and, if applicable, the local prosecutor's office, of any knowledge, suspicion, or evidence of any violation of law that affects or is related to the grant. Such violations include misappropriation of funds, fraud, theft,…

(a) The purpose of the OAG VCLG program is to fund the mandated positions described in the Texas Code of Criminal Procedure, Article 56.04, specifically Victim Assistance Coordinators (VAC) in prosecutor offices and Crime Victim Liaisons (CVL) in law enforcement agencies, using a…

(a) Reimbursement for grant-related expenses is contingent upon a grantee's strict compliance with these rules, related requirements, and OAG procedures. Any failure to comply may result in the imposition of temporary or permanent sanctions or both. (b) Sanctions may include: (1)…

(a) The grantee shall maintain adequate records to support its charges, procedures, and performances to the OAG for all work related to the grant. The grantee also shall maintain such records as are deemed necessary by the OAG and auditors of the State of Texas, the United States…

A grantee shall use the procurement procedures, property management procedures, and contract oversight guidelines set forth in UGMS and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as set forth in federal regulations. A grantee m…

If a grantee uses any OAG funds to purchase or receive a copyright or for a subgrantee to purchase or receive a copyright, the OAG reserves a royalty-free and irrevocable license to reproduce, publish, use, or authorize others to use the copyrighted material. Notes 1 Tex. Admin. …

(a) Within each fiscal year, a grantee may transfer funds between direct cost line items in different approved budget categories, not to exceed a cumulative total of ten percent of the approved grant budget during that year, without requesting a grant adjustment from the OAG. (b)…

(a) A grantee must regularly submit performance reports as directed by the OAG. Failure to do so may result in the OAG placing a grantee on financial hold and may affect future funding requests. (b) The OAG, or its designee, may assess project effectiveness through review of requ…

(a) Because grants awarded under this chapter are reimbursement-only grants, a grantee must regularly submit financial status reports and invoices, as directed by the OAG. (b) A grantee must ensure that its final invoice is received no later than the 45th calendar day after the e…

(a) A grantee must have the following designees: (1) Grant contact must be an employee of the grantee who is responsible for operating and monitoring the project and who is able to readily answer questions about the grant project's day-to-day operations. All grant-related informa…

(a) Unless otherwise stated, all required forms will be provided by the OAG. (b) Failure to timely submit the required forms provided by the OAG may result in sanctions as stated in §60.409. Notes 1 Tex. Admin. Code § 60.400 The provisions of this §60.400 adopted to be effective …

All funding is contingent upon the appropriation of funds by the Texas Legislature and upon approval of a grant application by the OAG. Notes 1 Tex. Admin. Code § 60.4 The provisions of this §60.4 adopted to be effective July 15, 2003, 28 TexReg 5523

(a) The resolution permits the applicant to submit an application. Unless otherwise directed by the RFA or the Application Kit, the resolution must be submitted at the same time the grant application is submitted by the applicant. (b) The specific requirements for the resolution …

(a) Each Application Kit will have a Comprehensive Certification and Assurances Form. Unless otherwise directed by the RFA or the Application Kit, applicants must submit a signed Comprehensive Certification and Assurances Form with the grant application. (b) The form includes, bu…

(a) Texas Code of Criminal Procedure, Article 56.541(e) authorizes the OAG to use money appropriated from the Texas Compensation to Victims of Crime Fund for grants or contracts supporting victim-related services or assistance. (b) The source of grant funds for both programs is a…

(a) OAG grant funds may not be used for the following: (1) to pay for lobbying; (2) to purchase food and beverages except as allowed under Texas State Travel Guidelines; (3) to purchase or lease vehicles; (4) to purchase promotional items or recreational activities; (5) to pay fo…

The OAG will not fund indirect costs. Notes 1 Tex. Admin. Code § 60.208 The provisions of this §60.208 adopted to be effective July 15, 2003, 28 TexReg 5523; Amended to be effective July 31, 2005, 30 TexReg 4209; Amended to be effective March 5, 2007, 32 TexReg 1061; Amended by T…

(a) Allowable items include, but are not limited to, office supplies, paper, postage, education resource materials, and certain computing devices described in § 60.1 (25) of this chapter. (b) The OAG will not approve funds for the purchase of program promotional items or recreati…

(a) A grantee may use equipment paid for with OAG funds only for grant-related purposes and not for personal or non-grant-related purposes. (b) Grant funds may not be used to purchase or lease vehicles. Notes 1 Tex. Admin. Code § 60.205 The provisions of this §60.205 adopted to b…

(a) All savings associations whose operations are considered by the Commissioner unsafe or unsound or that have total capital less than the amount required under § 60.231 of this title (relating to Capital Requirements) or § 60.232 of this title (relating to Increase or Decrease …

The Commissioner, after a determination of value, may order that assets in the aggregate, to the extent that such assets have depreciated in value, or to the extent the value of such assets, including loans, are overstated in value for any reason, be charged off, or that a specia…

(a) The Commissioner will examine each savings association once in each year, or more frequently if the Commissioner determines that the condition of the savings association justifies more frequent attention to enforce the Texas Savings and Loan Act. The Commissioner may defer an…

(a) The bylaws of a savings association must contain sufficient provisions to govern the institution in accordance with the Texas Savings and Loan Act, the Texas Business Organizations Code, and other applicable laws, rules and regulations, or the certificate of formation. Bylaws…

(a) Unless the context clearly indicates otherwise, when used in this division, "capital" for a savings association includes (as applicable) the amount of its issued and outstanding common stock, preferred stock (to the extent such preferred stock may be considered a part of the …

(a) The Commissioner may increase or decrease the minimum capital requirement set forth in this chapter upon written request by a savings association or by supervisory directive if the Commissioner determines that: (1) the savings association's failure to meet the minimum capital…

The following transactions are exempt from the application requirements of this division: (1) control of an insured institution acquired solely as a result of foreclosure on the stock of a savings association which secures a loan contracted for in good faith, where such loan was …

(a) Approval Required. No savings association may issue and sell its capital notes or debentures without the prior written approval of the Commissioner. The Commissioner, in approving the issuance and sale, may impose any conditions the Commissioner determines necessary with rega…

A holding company must apply and register with the Commissioner on or before 90 days after the date the company becomes a holding company. The application must include information on the financial condition, ownership, operations, management, and intercompany relations of the hol…

(a) In order to obtain approval for a subsidiary, the savings association must file with the Commissioner an application accompanied by the following information: (1) an audited financial statement in the event of acquisition of an existing company; (2) a certified board resoluti…

As used in this chapter, and in the Commissioner's administration and enforcement of Finance Code Title 3, Subtitle B, the following words and terms are assigned the following meanings, unless the context clearly indicates otherwise. (1) Affiliate--An affiliate of, or person affi…

(a) Approval Required. No savings association may establish, maintain, or relocate its home office, or an additional office as provided by § 60.202 of this title (relating to Types of Additional Offices), without the prior written approval of the Commissioner, except as otherwise…

The following types of additional offices may be established and maintained by a savings association: (1) branch offices at which the savings association may transact any business that could be done in the home office; (2) mobile facilities at which the savings association may tr…

In the event a savings association closes any additional office of any type on a temporary basis, such office must be reopened on before 12 months after the date of such closing, unless otherwise extended by written authorization of the Commissioner. In the event such office is n…

Mobile facilities must be operated consistent with the following requirements: (1) Such facility may be operated only at locations approved by the Commissioner, each of which must at all times be appropriately identified at the site and on the facility and located within 100 mile…

A savings association must create and maintain books and records of its operations, including complete minutes of the meetings of its members and the board, and actions taken by written consent in lieu of such meetings. Records must be maintained in compliance with the applicable…

A savings association must use such forms and observe such accounting principles and practices as the Commissioner may require from time to time. Notes 7 Tex. Admin. Code § 60.222 Adopted by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3657 , eff. 7/16/2023

For safety and soundness purposes, on or before 90 days after the date its fiscal year ends, each savings association is required to submit to the Department the results and findings of an independent audit of its financial statements and all correspondence reasonably related to …

A savings association may not, either directly or indirectly, knowingly make any entry on its books that is not accurate or otherwise fails to appropriately describe the transaction, or withholds information material to the transaction. Notes 7 Tex. Admin. Code § 60.224 Adopted b…

(a) Annual assessment. All savings associations chartered under the laws of the state and all foreign savings associations (as defined by the Texas Savings and Loan Act in defining "foreign association") holding a certificate of authority to do business in this state must pay to …

The Commissioner at any time, on the Commissioner's own motion or on written request, may release a registered holding company from a registration made by the company if the Commissioner determines that the company no longer controls a savings association. If released, the saving…

The Commissioner may require a holding company or a person other than a corporation connected with a holding company to execute and file a prescribed form of irrevocable appointment of agent for service of process. Notes 7 Tex. Admin. Code § 60.244 Adopted by Texas Register, Volu…

Each holding company and each subsidiary of a holding company is subject to examinations as the Commissioner may prescribe. The holding company or the savings association must pay the cost of an examination. The confidentiality provisions of Finance Code § 89.052 apply to an exam…

Each holding company must maintain books and records as may be prescribed by the Commissioner. The records must be created and maintained in accordance with the requirements of § 60.221 of this title (relating to Books and Records), pertaining to savings associations. Notes 7 Tex…