Texas Administrative Code

(a) Locations requiring registration. An annual registration fee is required for each location operated by a retail seller, creditor, holder or assignee. (b) Annual fee. An annual fee is required under the provisions of Texas Finance Code, §345.351 or §347.451 and will be payable…

(a) Registration term and renewal. An initial registration is effective from the date of its issuance until November 30. A registration must be renewed annually to remain effective. After renewal, a registration is effective for a term of one year, from December 1 of a calendar y…

(a) Applicability. This subchapter applies to the commission's duties, responsibilities, and activities under the Water Rights Adjudication Act of 1967, Texas Water Code, §§11.301, et seq. (b) Motions. A motion may be filed with the commission as provided by §80.56 of this title …

(a) Initiation of adjudication. The water rights in any stream or segment may be adjudicated as provided in Texas Water Code, §11.304: (1) on motion of the commission; (2) on petition to the commission signed by ten or more claimants of water rights from the source of supply; or …

(a) Purpose. Hearings in each adjudication segment will begin with a hearing to establish the commission's jurisdiction to adjudicate all claims of water rights in the stream or segment and to provide information concerning the adjudication. (b) Procedure. Exhibits will be introd…

(a) Opening statements and exhibits. The commission will call up the individual claim and entertain any opening statement on behalf of any party. Exhibits may be tendered into evidence after the parties present are provided an opportunity to view them. (b) Order of presentation. …

(a) Preparation of judge's recommendations. A judge presiding at the individual evidentiary hearings or one who has read the record shall prepare written recommendations, including proposed findings of fact and conclusions of law, in regard to each individual claim and shall subm…

(a) Filing deadline. The commission shall set a date for filing contests to the preliminary determination, which shall be not less than 90 days from the date of the notice of the preliminary determination. (b) Filing of contest. Any water right claimant affected by the preliminar…

(a) Jurisdiction. The commission shall consider evidence concerning jurisdiction. (b) Individual cases and order of presentation. Unless otherwise directed by the commission, the hearing will proceed as follows: (1) the contestant and all other parties may make opening statements…

(a) Proposed final determination. When a majority of the commission has not heard the contest or read the record, the judge who presided at the contest hearing or one who has read the record shall prepare a proposal for final determination and shall send it by first-class mail to…

(a) A tow truck may not be used for towing on the public streets or roads of this state unless an appropriate tow truck permit has been issued by the department. (b) A separate permit is required for each tow truck. (c) A tow truck permit is valid for not more than one year from …

(a) Purpose. The purpose of this section is to specify the maximum documentary fee in a retail installment transaction for the sale of a motorcycle, moped, all-terrain vehicle, boat, boat motor, boat trailer, or towable recreational vehicle, as provided by Texas Finance Code, §34…

(a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow allowed under §545.3051, Transportation Code. (b) To be eligible for an incident management towing permit, an applicant must: (1) …

A debt cancellation agreement for a retail installment contract involving the purchase of a covered vehicle described by Texas Finance Code, §354.001(2), including a motorcycle, recreational vehicle, all-terrain vehicle, camper, boat, personal watercraft, or personal watercraft t…

(a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner. (b) To be eligible for a private property towing permit, an applicant must: (1) submit a completed application on a department-approved form; …

(a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner, as defined in §86.10(22). (b) To be eligible for a consent towing permit, an applicant must: (1) submit a completed application on a department-approved form; (2…

(a) The department will issue a permit under this chapter to an applicant who meets the requirements for a permit. The department may deny an application or revoke a license if the applicant, a partner, principal, officer, or general manager of the applicant has: (1) a criminal c…

(a) The department will send written notice to permit holders at least 30 days before the permit expires. The notice will be sent to the permit holder's last known address according to the records of the department. (b) To renew a permit, a permit holder must: (1) submit a comple…

(a) The department will issue a cab card for each tow truck issued a permit. The cab card will: (1) show the permit number of the certificate issued under these rules; (2) show the type of permit issued; (3) show the vehicle unit number; (4) show the vehicle identification number…

(a) A person shall not perform towing operations without an appropriate license issued by the department. (b) Each type of towing operator license is: (1) valid for one year from the date of issuance; (2) valid throughout this state; and (3) nontransferable.

The department will issue a license under this chapter to an applicant who meets the requirements for a towing operator license. The department may deny an application or revoke a license if the applicant has: (1) a criminal conviction, or has pleaded guilty or nolo contendere to…

(a) An incident management towing operator's license is required to operate a tow truck permitted or required to be permitted under this chapter. (b) An applicant for an incident management towing operator's license must: (1) submit a completed application on a department-approve…

(a) A private property towing operator's license is required to operate a tow truck permitted or required to be permitted under this chapter. (b) An applicant for a private property towing operator's license must: (1) submit a completed application on a department-approved form; …

(a) A consent towing operator's license is needed to operate a tow truck permitted or required to be permitted under this chapter. (b) An applicant for a consent towing operator's license must: (1) submit a completed application on a department-approved form; (2) hold a valid dri…

(a) The department will send written notice to licensees at least 30 days before the license expires. The notice will be sent to the licensee's last known address according to the records of the department. (b) A licensee may renew a license under this chapter by: (1) submitting …

(a) A person shall not operate a towing company or operate as a towing company without a towing company license issued by the department. (b) To be eligible for a towing company license, an applicant must: (1) submit a completed application on a department-approved form; (2) pay …

(a) Upon receipt of an application for a towing company license, the department will review the application to verify the qualifications of the applicant. (b) If an applicant is qualified under this chapter, the department will issue a towing company license to the applicant. (c)…

(a) The department will notify the license holder at least 30 days before the date a license expires. The notice will be in writing and sent to the license holder's last known address according to the records of the department. (b) To renew a towing company license, an applicant …

(a) Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee or permit holder. (b) A person licensed as a tow company must provide …

(a) The department may issue an emergency consent tow truck permit, emergency consent tow operator license, or emergency tow company license if: (1) the Governor of the State of Texas declares a disaster under Government Code, §418.014; (2) the executive director determines that …

(a) To be eligible for an emergency consent tow truck permit, an applicant must: (1) submit a completed application on a department-approved form; (2) provide proof of insurance required under §86.400; (3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehi…

(a) To be eligible for an emergency consent tow operator's license, an applicant must: (1) submit a completed application on a department-approved form; (2) hold a valid driver's license issued by a state in the United States; (3) successfully pass a criminal background check; an…

(a) To be eligible for an emergency tow company license, an applicant must: (1) submit a completed application on a department-approved form; (2) provide the name and address of each partner if the applicant is a partnership; (3) provide the name and address of each corporate off…

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) To renew a towing operator license, a licensee must complete a total of 4 hours of continuing education through Department-approved courses. The cont…

(a) Purpose. The purposes of this subchapter are to implement Texas Finance Code, Chapter 398, and to assist in the administration and enforcement of Chapter 398. (b) Scope. This subchapter applies to any person who engages in business as a provider or broker of commercial sales-…

Words and terms used in this subchapter that are defined in Texas Finance Code, Chapter 398, have the same meanings as defined in Chapter 398. The following words and terms, when used in this subchapter, will have the following meanings, unless the context clearly indicates other…

(a) NMLS. To submit a commercial sales-based financing registration application, an applicant must submit a complete, accurate, and truthful registration application through NMLS (or a successor system designated by the OCCC). An application is complete when it conforms to the wr…

(a) Complete application. A registration application is complete when: (1) the application conforms to the rules and published instructions; and (2) all fees have been paid. (b) Effectiveness. A registration is effective on receipt of a completed registration application and requ…

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

(a) Registration term and renewal. A registration must be renewed annually during a specified renewal period to remain effective. After renewal, a registration is effective for a term of one year. (b) NMLS. To maintain and renew a registration, a registrant must maintain an activ…

(a) Initial registration. For an initial registration, an applicant must pay a $1,000 initial registration fee. (b) Annual renewal. To renew a registration, a registrant must pay a $1,000 annual fee. (c) Registration amendment. The OCCC may require a registrant to pay a fee up to…

(a) Timing. A provider must provide a recipient with any disclosures required by Texas Finance Code, §398.051, in writing at or before the time the provider extends a specific offer to the recipient. (b) Accuracy. All terms and dollar amounts disclosed under Texas Finance Code, §…

(a) Generally. A provider or broker must maintain records for each transaction entered or brokered under Texas Finance Code, Chapter 398, and must make those records available for investigation. Records may be maintained using an electronic system, a paper or manual system, or a …

(a) Generally. A provider or broker may not engage in an unlawful, unfair, deceptive, or abusive act or practice related to a transaction under Texas Finance Code, Chapter 398. (b) Acts and practices identified. The following are unlawful, unfair, deceptive, or abusive acts or pr…

(a) Generally. As provided by Texas Finance Code, §398.056, a provider or broker may not establish a mechanism for automatically debiting a recipient's deposit account unless the provider or broker holds a validly perfected security interest in the recipient's account under Chapt…

(a) Complaints. The OCCC may accept complaints regarding transactions under Texas Finance Code, Chapter 398 and this subchapter. (b) Request for information and investigation. On receipt of a written complaint or other reasonable cause to believe that a person is violating Texas …

(a) Informal resolution. The OCCC may agree to an informal resolution of a complaint, investigation, enforcement case, or other matter with a provider or broker. (b) Injunction. If the OCCC has reasonable cause to believe that a person is violating Texas Finance Code, Chapter 398…