Texas Administrative Code

A "device, subterfuge, or pretense to evade the application of this subchapter," as used in Texas Finance Code, §393.602(c), includes: (1) a transaction that is not identified as a deferred presentment transaction or payday loan, if the transaction is a deferred presentment trans…

A licensee is responsible for the acts and omissions of its officers, directors, employees, and agents in the conduct of the licensee's business.

(a) Application fees. (1) Class A Barber License or Operator License--$50 (2) Specialty Practitioner License (Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension, Hair Weaving, or Hair Weaving/Esthetician)--$50 (3) Full-Service Establishment License--$78 (4) Specia…

Each officer, director, employee, and agent of a licensee must have a working knowledge of Texas Finance Code, Chapter 342, its implementing regulations, and other pertinent state and federal statutes and regulations that apply to the licensee's business.

(a) The cosmetology operator and class A barber curricula consist of 1,000 clock hours or equivalent credit hours, as follows: (1) Core hours. Theory and related practice: anatomy and physiology; diseases and disorders of the skin, scalp, hair and nails; chemistry (haircoloring, …

A "device, subterfuge, or pretense to evade the application" of this subchapter, as used in Texas Finance Code, §342.051(b) refers to any transaction: (1) that in form may appear on its face to be something other than a loan, but in substance meets the definition of a loan as def…

(a) Definitions. The words "made," "negotiated," and "collected" as used in Texas Finance Code, §342.052(b) are to be construed as follows. (1) Made or make--Loans are "made" by the office or offices where either the credit decision is made or the cash advance is disbursed. (2) N…

(a) Definitions. The words "make," "negotiate," "arrange," and "collect" as used in Texas Finance Code, §342.053(b) are to be construed according to the definitions contained in §83.204(a) of this title (relating to Multiple Licenses). (b) Application. Any office, wherever locate…

(a) To be eligible for a department examination, an examinee must: (1) submit a completed license application in the manner prescribed by the department; (2) pay the applicable license fee under §83.80; and (3) have completed the number of hours required under this chapter and th…

(a) The periodic report required by the secretary of state under §153.301 of the Texas Business Organizations Code includes information on the registered agent and office, principal office, and the names and addresses of the general partners of the partnership. To the extent poss…

(a) Notices relating to the filing of a periodic report of a limited partnership under §153.305 of the Texas Business Organizations Code shall be sent to the registered office address of record with the secretary of state, or in the case of a limited partnership which does not in…

(a) To be eligible for an establishment license, an applicant must: (1) obtain the current law and rules book; (2) comply with the requirements of the Act and this chapter; (3) submit a completed and verified application in the manner prescribed by the department; (4) pay the fee…

A limited partnership that fails to file the periodic report required under §153.301 of the Texas Business Organizations Code within 30 days from the date that the report is sent by the secretary of state will forfeit its right to transact business in Texas.

(a) To be eligible for a school license, an applicant must: (1) obtain the current law and rules book; (2) comply with the requirements of the Act and this chapter; (3) submit a completed application in the manner prescribed by the department; (4) pay any applicable fees required…

(a) To change a license to inactive status, an applicant must: (1) submit a completed application in the manner prescribed by the department not later than the expiration date of the license; and (2) pay fee required under §83.80. (b) A person whose license is on inactive status …

A limited partnership may submit for filing by the secretary of state a periodic report under §153.301 of the Texas Business Organizations Code when not required to do so by the secretary of state. The voluntary submission of a report under this section does not relieve the limit…

(a) Terms used in this section have the meanings assigned by Chapter 59 (relating to Continuing Education Requirements), unless the context indicates otherwise. (b) To renew a practitioner license, a licensee must complete at least 4 hours of continuing education through departme…

(a) To renew a license, an applicant must: (1) comply with applicable requirements of the Act and this chapter; (2) submit a completed application in the manner prescribed by the department; and (3) pay the applicable fee required under §83.80. (b) In addition to the requirements…

(a) To be granted a license through substantial equivalence, an applicant must: (1) submit a completed application in the manner prescribed by the department; (2) furnish a certified transcript of hours from the state board, territory, or foreign country from which the applicant …

(a) Under the Act, a license is not transferable. (b) If an establishment relocates, the licensee must apply for a new establishment license and verify that the new establishment meets the requirements of the Act and this chapter. The requirements of this subsection do not apply …

(a) The intent of the grants is to build capacity to address public health issues, and identify and/or develop improved intervention and prevention strategies. (b) In making these grants, the goal of the department is to improve public health outcomes at the community level and t…

The secretary of state will not reject the filing of a certificate of formation or an application for registration by a limited partnership that identifies as one of its general partners an unqualified foreign filing entity. Acceptance of the document does not constitute a determ…

Words and terms used in this chapter that are defined in Texas Finance Code, Chapter 393, have the same meanings as defined in Chapter 393. The following words and terms, when used in this subchapter, will have the following meanings, unless the context clearly indicates otherwis…

An application for issuance of a new credit access business license must be submitted in a format prescribed by the commissioner at the date of filing and in accordance with the commissioner's instructions. The commissioner may accept the use of prescribed alternative formats to …

(a) Purpose. This section describes the license application requirements when a licensed entity transfers its license or ownership of the entity. If a transfer of ownership occurs, the transferee must submit either a license transfer application or a new license application on tr…

(a) Organizational form. When any licensee or parent of a licensee changes the organizational form of its business (e.g., from corporation to limited partnership), the licensee must advise the commissioner of the change in writing within 10 calendar days after the change, by fili…

Upon request, each applicant must provide information supplemental to that contained in the applicant's original application documents.

(a) Applicant's updates to license application information. Before a license application is approved, an applicant must report to the OCCC any information that would require a materially different answer than that given in the original license application and that relates to the …

(a) Initial review. A response to an incomplete application will ordinarily be made within 14 calendar days of receipt stating that the application is incomplete and specifying the information required for acceptance. (b) Complete application. An application is complete when: (1)…

(a) Filing requirements. A licensee may move the licensed office from the licensed location to any other location by paying the appropriate fees and giving notice of intended relocation to the commissioner not less than 30 calendar days prior to the anticipated moving date. Notif…

(a) Inactivation of active license. A licensee may cease operating under a credit access business license and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 30 calendar days prior to the anticipated ina…

Words and terms used in this subchapter that are defined in Texas Finance Code, Chapter 342, have the same meanings as defined in Chapter 342. The following words and terms, when used in this subchapter, will have the following meanings, unless the context clearly indicates other…

(a) New licenses. (1) Investigation fees. A $200 non-refundable investigation fee is assessed on the filing of one or more license applications owned or controlled by the same person. A separate investigation fee may be imposed for multiple license applications for good cause in …

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §441.190, §441.191 and §552.004, the original applications and noti…

(a) NMLS. In order to submit a regulated lender license application, an applicant must submit a complete, accurate, and truthful license application through NMLS (or a successor system designated by the OCCC), using the current form prescribed by the OCCC. An application is compl…

(a) Purpose. This section describes the license application requirements when a licensed entity transfers ownership of the entity. If a transfer of ownership occurs, the transferee must submit a new license application on transfer of ownership under this section. (b) Definitions.…

(a) Organizational form. When any licensee or parent of a licensee desires to change the organizational form of its business (e.g., from corporation to limited partnership) that results in the exact same individuals or entities still owning the business, the licensee must advise …

(a) Advance change notice. No later than the date of the change (or an earlier date specified in the OCCC's written instructions), a licensee must notify the OCCC of a change to any of the following information provided in the original license application: (1) legal name of entit…

(a) Initial review. A response to an incomplete application will ordinarily be made within 14 calendar days of receipt stating that the application is incomplete and specifying the information required for acceptance. (b) Complete application. An application is complete when: (1)…

(a) Notice to debtors. Written notice of a relocation of an office, or of transactions as outlined in subsection (b) of this section, must be mailed to all debtors of record at least five calendar days prior to the date of relocation. A licensee may send notice to a debtor by ema…

(a) Inactivation of active license. A licensee may cease operating under a regulated loan license and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 30 calendar days prior to the anticipated inactivatio…

(a) The following licenses have a term of two (2) years: (1) practitioner licenses; and (2) establishment licenses. (b) School licenses have a term of one (1) year. (c) A student permit issued under this chapter does not expire.

(a) New licenses. (1) Investigation fees. A $200 nonrefundable investigation fee is assessed each time an application for a new license is filed. (2) Assessment fees. An assessment fee not to exceed $600 per active license and not to exceed $250 per inactive license is assessed e…

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §441.190, §441.191 and §552.004, the original applications and noti…

The grants shall consist of three parts: (1) Part I. Grants for developing and demonstrating cost-effective prevention and intervention strategies for improving health outcomes for children and the public (Part I grants); (2) Part II. Grants to local communities to address dispar…

(a) Pursuant to Subchapter H-1 of the Act, the Barbering and Cosmetology School Tuition Protection Account is created to: (1) refund tuition and fees to a student if a private school closes and the school fails to pay the refund as required by the Act; and (2) pay the tuition cos…

(a) In-person sales. Licenses must be prominently displayed in a licensee's office in a conspicuous location visible to the general public. (b) Internet sales. For business conducted through the Internet, a credit access business must fulfill one of the following two options on a…