Texas Administrative Code

(a) The purpose of this section is to establish the standards of professional and ethical conduct required of all persons holding credentials issued under this chapter. (b) All credentialed persons shall, as applicable to their area of credentialing: (1) undertake to perform only…

(a) Record retention. Records and documents shall be retained for the time periods specified in this section. (1) Records and documents shall be made available for inspection by the department or the department's representative or designee immediately upon request. (2) Licensees …

The Secretary of State performs criminal background checks on each applicant for registration as an athlete agent and as otherwise deemed necessary. Processing of applications or renewals may be delayed as the result of evaluating any criminal activity revealed by the criminal ba…

(a) All fees paid to the department are nonrefundable. (b) Schedule of Fees. (1) Fees for Notifications: (A) Notification of mold remediation, initial: owner-occupied residential dwelling unit--$25 (B) Notification of mold remediation, initial: other than owner-occupied residenti…

(a) The department or the department's representative or designee may inspect or investigate the business practices of any persons involved with mold-related activity for compliance with this chapter. (b) The department or the department's representative or designee, upon present…

Registration and other forms designed for the purposes of complying with Occupations Code, Chapter 2051, and this chapter are available on the Secretary of State web site at www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by writing the Statutory Documents Section,…

Violations of the Texas Occupations Code, Chapters 51 or 1958, this chapter, or a rule or order of the executive director or commission may result in proceedings to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas O…

The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1958, and the associated rules may be used to enforce Texas Occupations Code, Chapter 1958 and this chapter.

All letters and other communications intended for the Corporations Section should be addressed to the Secretary of State, Corporations Section, P.O. Box 13697, Austin, Texas 78711-3697.

The costs to the Employees Retirement System of Texas (ERS) for administering the program for state employees shall be paid by state appropriation. The costs of administering the program for participating counties, municipalities, and other political subdivisions shall be payable…

These rules are promulgated under the authority of Texas Agriculture Code, Chapters 301 and 302, and Texas Occupations Code, Chapter 51.

(a) A licensee, or a chiropractic college student or recent graduate employed by or under the supervision of a licensee, may not: (1) engage in a consensual sexual relationship with a patient; (2) inappropriately touch an individual's genitals, anus, or breasts; (3) make any stat…

The following words and terms, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: (1) Act--The Texas Weather Modification Act, Texas Agriculture Code, Chapters 301 and 302. (2) Commission--The Texas Commission of Licensing…

At the request of the sender, a document may be filed on a date which is on or within three days after the date the document is received by the Corporations Section and found to conform to law, even if the requested date falls on a Saturday, Sunday, or holiday. A certificate of f…

When determining the date reports are due to ERS, a "state holiday" is one defined in Texas Government Code, Chapter 606, as it is amended from time to time.

(a) Unless specifically exempted by §79.12, no person may engage in weather modification and control activities without first obtaining a license and permit from the Department if any part of a Texas county is included in the operational or target area of the project. (b) A separ…

The secretary of state will provide forms for use in filings when required by law, or when convenient for the Office of the Secretary of State. Forms are available on the secretary of state web site at: http://www.sos.state.tx.us/corp/forms_boc.shtml and http://www.sos.state.tx.u…

(a) Upon receiving written approval of exemption status from the Department in accordance with this section, persons may engage in the following types of weather modification and control activities without obtaining a license or permit. (1) Laboratory research and experiments. (2…

(a) An application for a license shall be filed with the Department on a form provided or approved by the Department. The application shall include the required license fee and evidence of one of the following: (1) the applicant possesses a baccalaureate or higher degree in meteo…

(a) Payments made to an employee, on account of sickness, by the state or a political subdivision of the state, which has an agreement with the state to cover its employees under the Federal Social Security Act as authorized by Texas Civil Statutes, Article 695g or Article 695h, …

In the event the Department seeks advice on a license application from the Weather Modification Advisory Committee, a provisional license may be issued until such time the Committee meets and makes a recommendation to the Department. A provisional license entitles the applicant t…

(a) The Department shall issue a renewal license to each applicant who submits a timely license renewal application, pays the annual license fee, and maintains the qualifications necessary for issuance of an original license. (b) The Department may refuse to renew the license of …

If a reporting error is discovered, the employing entity must comply with all State and Federal requirements to resolve the discrepancy, and must provide all relevant information to ERS regarding such error.

(a) Any person seeking to obtain a Texas weather modification permit shall file with the Department a notice of intention to engage in a weather modification operation. (b) The applicant shall include the following information in the notice of intention and must submit the notice…

An application for a Texas weather modification permit must be filed with the Department and must include the following. (1) The required permit fee. (2) Proof that the applicant holds a valid Texas weather modification license or has a pending application for one. (3) Supporting…

Except as otherwise provided by these rules, all business with the Corporations Section shall be transacted in writing. The action of the Corporations Section will be based exclusively on the written record in the section.

(a) A licensee may not: (1) perform or attempt to perform procedures for which the licensee is untrained; (2) delegate responsibilities to an untrained individual; (3) physically harm or allow physical harm to an individual; (4) abandon a patient without reasonable cause and adeq…

(a) If at least 25 eligible persons make a timely written request, the Department shall hold a public meeting on an application prior to the issuance of a permit. (b) Those eligible to request a public meeting on an application include all persons who reside or own property withi…

The secretary of state will determine whether a document authorized to be filed with the secretary of state meets the minimum statutory requirements for filing. The secretary of state will not determine substantial compliance with the Texas Business Organizations Code or verify w…

(a) The Department may issue a Texas weather modification permit upon determination of the following: (1) that the operation proposed in the application will not significantly dissipate the clouds and prevent their natural course of developing rain in the area where the operation…

A Texas weather modification permit shall include the following: (1) the effective period of the permit, which may be all or part of a year or years, but not more than four years, and (A) if the permit is for more than one year, the permit shall contain a statement that it shall …

The order of review, processing and filing of documents, other than trademark documents, is based on the manner of delivery of the document, whether expeditious review of the document was requested pursuant to §71.10 of this title (relating to Corporations Section Special Service…

The secretary of state cannot revoke the filing of a document upon receipt of evidence that the document was fraudulently filed. A criminal proceeding may be brought for a violation of the provisions of §4.008 of the Texas Business Organizations Code by the appropriate prosecutin…

ERS assumes no obligation and is not liable for the cost of any legal services, actuarial studies, professional consultation fees or administrative costs incurred by a political subdivision or a public retirement system coverage group related to entering into a social security co…

(a) Documents may be corrected to contain only those statements which lawfully could have been included in the original document. A certificate of correction may not be used to revoke a previously filed document or to alter, include or delete a statement, which by its alteration,…

Section 9.011 of the Texas Business Organizations Code requires a foreign filing entity or foreign limited liability partnership to designate a post office address on a certificate of withdrawal to which the secretary of state may mail a copy of any process against the entity tha…

(a) Notice. Notices relating to the filing of a periodic report of a nonprofit corporation under §22.358 of the Texas Business Organizations Code shall be sent to the registered office address of record with the secretary of state. Notices relating to the forfeiture of corporatio…

(a) An entity may not serve as its own registered agent. (b) A registered office address must include a street or building address for purposes of providing the public with notice of the physical street location at which process may be served on the registered agent. A post offic…

(a) Form. Section 5.201(b), Texas Business Organizations Code, requires the secretary of state to develop the form of consent required to be obtained from a person designated or appointed as the registered agent of a represented entity. The consent to serve as the registered agen…

Each reporting entity shall make reports and payment in such manner and form as the executive director may require for periods prior to January 1, 1987, regular reports to ERS are required. On and after January 1, 1987, only such reports to ERS as may be requested by the executiv…

(a) An employee of the secretary of state will stamp all letters or documents received in the Corporations Section with the date of receipt. The hour of receipt is not noted. (b) Mail is not received in the Corporations Section until it has been brought from the post office or ot…

(a) A licensee may not commit fraud in the charging or billing of goods or services. (b) A licensee may not charge or bill a patient or a third party for goods or services that are clearly excessive. (c) A licensee may not submit a claim for goods or services that are not sold or…

The following terms as used in this Chapter shall have the following meanings: (1) "Consent" means written notarized consent signed by an officer or authorized agent of the consenting entity. (2) "Key word" means a word or words that alters the proposed name sufficiently to make …

(a) Except as provided by subsection (b) of this section, these rules apply to all filing instruments, which are required to be reviewed for name availability, received by the secretary of state on or after June 1, 2018. (b) These rules apply to name reservations and name registr…

Any person conducting a weather modification operation with an operational or target area that includes any part of a Texas county must record and maintain, for each operation, the following: (1) the daily log (NOAA Form 17-4B) required by 15 Code of Federal Regulations, §908.8(a…

In addition to the record keeping requirements of §79.31, any person conducting a weather modification operation with an operational or target area that includes any part of a Texas county and that employs aircraft for reconnaissance or seeding purposes must record and maintain, …

(a) Entity names may consist of letters of the Roman alphabet, Arabic numerals, symbols capable of being reproduced on a standard English language keyboard, and such other symbols as permitted by the secretary of state's database and as posted on the secretary of state's website,…