Texas Administrative Code

Consumers and service recipients must be notified of the name, e-mail address, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding the Driver Education and Safety Program. The notification must appear on the …

(a) Driver training providers must submit a Statement of Assurance as prescribed by the department to demonstrate course materials have been updated to reflect the latest changes to applicable laws. (b) Failure to make necessary changes and submit a Statement of Assurance reflect…

(a) Each driver training provider must conduct the department approved course in a facility or facilities approved by the department, if applicable. (b) An in-person driver training provider must not maintain a classroom facility in a private residence. (c) The amount of classroo…

The following terms and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Department--Department of State Health Services. (2) Essential public health services--As defined by Texas Health and Safety Code, Ch…

(a) Summary. The purpose of these rules is to govern the flexible benefits program. These rules constitute the Plan document for the State of Texas Employees Flexible Benefit Program (TexFlex). The flexible benefits plan (the plan) includes reimbursement account arrangements with…

These rules are adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2303.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abandoned nuisance vehicle--A motor vehicle that is at least 10 years old and is of a condition only to be demolished, wrecked, or dism…

Enclosure and security of stored vehicles. (1) Fencing. If not enclosed by a five-foot high fence on or before September 1, 1985, all VSFs shall be completely enclosed by a fence at least six feet high with a gate, which is locked at all times when the licensee or an agent or emp…

All VSFs shall have an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow,…

The following terms, when used in this subchapter, have the following meanings: (1) Broken item--An item that has been damaged so that it cannot be used for its original purpose without substantial repair. (2) Crafted precious metal--Has the meaning provided by Texas Occupations …

All VSFs shall maintain illumination levels adequate for nighttime release of vehicles. The term "adequate" shall mean sufficient to allow inspection of a vehicle for damage at the time of release. At a minimum, there must be one lighting fixture containing at least a 250-watt el…

(a) New application. An application for issuance of a new crafted precious metal dealer registration must be submitted as prescribed by the OCCC at the date of filing and in accordance with the OCCC's instructions. (b) Required submission to OCCC. Each application for a new craft…

(a) Facility information. All VSFs shall have a clearly visible and readable sign located at the main entrance. The sign shall have letters at least 2 inches in height, with a contrasting background, be readable at 10 feet, and contain the following information: (1) the registere…

(a) Complete application. An application is complete when: (1) the application conforms to the rules and the OCCC's published instructions; (2) all fees have been paid; and (3) all requests for additional information have been satisfied. (b) Certificate. When an application is co…

A registered crafted precious metal dealer may amend a registration to relocate a permanent registered location. An amendment fee under §85.1011 of this title (relating to Fees) is required at the time of relocation.

(a) General records to be maintained. Except as provided in paragraphs (1) and (2), every vehicle storage facility shall maintain at a principal office in Texas all records and information required by the department. (1) Texas firms. If a vehicle storage facility wishes to mainta…

(a) Updates to application information. A crafted precious metal dealer must report to the OCCC any information that would require a different answer than that given in the original application within 30 calendar days after the crafted precious metal dealer has knowledge of the i…

(a) In-person sales. A crafted precious metal dealer's registration must be prominently displayed in any location where the dealer purchases crafted precious metal from the public. The registration must be in a conspicuous location visible to the public. (b) Internet sales. For b…

(a) Generally. An initial registration for a permanent location is effective from the date of its issuance until December 31. For each calendar year following the initial registration for a permanent registered location, a crafted precious metal dealer must renew the registration…

A dealer may amend a registration to relocate a temporary location after the initial application. In order to amend its registration, a dealer must provide: (1) the fee required by §85.1011 of this title (relating to Fees); (2) the approximate dates of operation for each temporar…

(a) The OCCC may revoke the registration of a registered crafted precious metal dealer if the dealer violates Texas Occupations Code, Chapter 1956. (b) Upon receiving notice of revocation under this section, an affected person may request a hearing before the OCCC. The hearing wi…

(a) Purpose. The purpose of this subchapter is to assist in the administration and enforcement of Texas Finance Code, Chapter 371, which may be cited as the Texas Pawnshop Act. (b) Scope. This subchapter applies to a person engaged in the business of: (1) lending money on the sec…

A crafted precious metal dealer whose registration has been revoked may not reapply prior to the passage of at least five years from the date of revocation. A dealer whose registration was revoked must follow the procedures set forth in §85.1002 of this title (relating to Filing …

(a) Fee for permanent registered locations. In connection with a new application or an annual renewal, a crafted precious metal dealer must pay a $70 fee for each permanent registered location. (b) Fee for temporary locations. In connection with a new application for a temporary …

Words and terms used in this subchapter that are defined in Texas Finance Code, Chapter 371, have the same meanings as defined in that chapter unless the context clearly indicates otherwise. The following words and terms, when used in this subchapter, will have the following mean…

A person may not use any device, subterfuge, or pretense to evade the application of this subchapter. A device, subterfuge, or pretense includes any transaction that in form may appear on its face to be something other than a pawn transaction, but in substance meets the definitio…

(a) License term and renewal. A new pawnshop license or pawnshop employee license is effective from the date of its issuance until June 30. A pawnshop license and a pawnshop employee license must be renewed annually in order to remain effective. After renewal, a pawnshop license …

(a) Plan administration. The flexible benefits plan is administered by the board of trustees of the Employees Retirement System of Texas. The board of trustees of the Employees Retirement System of Texas may designate and contract with a TPA to perform the day-to-day administrati…

(a) These plans, the benefits provided thereunder, or contributions made thereto, shall be in compliance with all applicable Code provisions and regulations promulgated thereunder, as amended from time to time, regarding nondiscrimination, eligibility, and plan qualification requ…

(a) Expenses of administration. Any expenses incurred in the administration of the flexible benefits plan will be paid from the State Employees Cafeteria Trust Fund. An administrative fee to defray costs of administering the plan may be imposed on any, or each, reimbursement acco…

(a) Termination of plan. The plan is intended to be permanent; however, it may be terminated if the board of trustees determines that the plan is no longer advantageous to the state or state and institution of higher education employees. In such case, the board of trustees may ad…

(a) Any person participating in the flexible benefits program, who is denied reimbursement of eligible expenses, may request the plan administrator or its designee to reconsider the claim. Any additional documentation in support of the claim may be submitted with the request for …

(a) Sanctions for Flexible Benefits Program violations. The plan administrator may expel any person from the Flexible Benefits Program or any part thereof, or impose any other sanction described by the Act, to any person who submits a fraudulent claim or otherwise submits a mater…

(a) The committee. (1) The Public Health Funding and Policy Committee (committee) shall be appointed under and governed by this section. (2) The committee is established under the Health and Safety Code, Chapter 117, which requires the Commissioner of the Department of State Heal…

(a) These rules do not apply to a vehicle parked or stored at a VSF with the consent of the vehicle's owner. (b) These rules do not apply to VSFs operated by persons licensed under Texas Occupations Code, Chapter 2301.

A person may not operate a VSF unless the person holds a VSF license issued by the department. For purposes of this section, each VSF physical location or lot is a separate facility and must obtain a VSF license.

(a) Required elements. For each transaction in which a dealer purchases crafted precious metal, the dealer must prepare a transaction report form. The report form must be preprinted and prenumbered and must contain the following required elements: (1) the date of purchase; (2) th…

(a) Copy to seller required. The dealer must provide a complete copy of the transaction report form and any images used under §85.2001(a)(9)(B) of this title (relating to Transaction Report Form and Records) to the seller with respect to that seller's transaction. (b) Paper or el…

An application must be filed and approved before any person engages in the business of making pawn loans. The application and approval is required without regard to the rate of interest or pawn service charge contracted for, charged, or received, if any. An applicant is prohibite…

To be eligible for a VSF license, an applicant must: (1) submit a completed application on a department approved form; (2) pay the fee required under §85.800; (3) provide proof of insurance required under §85.400; (4) successfully pass a criminal background check; (5) provide the…

(a) An application for issuance of a new pawnshop license must be submitted in a format prescribed by the OCCC at the date of filing and in accordance with the OCCC's instructions. The OCCC may accept the use of prescribed alternative formats in order to accept approved electroni…

The department may deny a VSF license application if the applicant: (1) knowingly supplied false or incomplete information on the application; (2) in the three years preceding the date of application, the applicant, a partner, principal, or officer of the applicant, or the genera…

(a) To renew VSF license, an applicant must: (1) submit a completed application on a department-approved form; (2) pay the applicable fee required under §85.800; and (3) successfully pass a criminal background check. (b) To renew and maintain continuous licensure, the renewal req…

(a) Definition. As used in §371.059 of the Texas Pawnshop Act and in this section, the "relocation of a licensed pawnshop" means: (1) the act of moving an existing licensed operating pawnshop from its existing location to a new location; (2) the activation of an inactive license …

(a) The pawnshop must commence operation within a period of six months after the date of approval unless an extension is granted, in writing, by the commissioner. No more than one six-month extension will be approved by the commissioner, unless good cause for the extension is sho…

(a) To be eligible for a VSF employee license, an applicant must: (1) submit a completed application on a department-approved form; (2) pay the fee required under §85.800; (3) successfully pass a criminal background check; and (4) if the applicant for renewal has within the prece…

(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…