reglab/housing_qa huggingface dataset:
TX Govt Code § 4001.060 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.060. Investment Adviser Representative

Sec. 4001.060.  INVESTMENT ADVISER REPRESENTATIVE.  (a)  Except as provided by Subsection (b), "investment adviser representative" includes a person or company who, for compensation, is employed, appointed, or authorized by an investment adviser to solicit clients for the investment adviser or who provides investment advice, directly or through subagents, as defined by board rule, to an investment adviser's clients on behalf of the investment adviser.(b)  "Investment adviser representative" does not include a partner of a partnership or officer of a corporation or other entity that is registered as an investment adviser under this title solely because of the person's status as a partner or officer of that entity.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.061 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.061. Issuer

Sec. 4001.061.  ISSUER.  "Issuer" means and includes a person or company who has issued, proposes to issue, or issues any security.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.062 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.062. Mortgage

Sec. 4001.062.  MORTGAGE.  "Mortgage" includes a deed of trust to secure a debt.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.063 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.063. No Par Value; Par Value

Sec. 4001.063.  NO PAR VALUE; PAR VALUE.  (a)  "No par value" as applied to shares of stock or other securities means the securities are without a given or specified par value.(b)  For purposes of classifying or computing the par value of shares of stock or other securities of no par value, the amount for which the securities are sold or offered for sale to the public is used as a basis.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.064 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.064. Person; Company

Sec. 4001.064.  PERSON; COMPANY.  (a)  The terms "person" and "company" include:(1)  any of the following formed under the laws of this or another state, country, sovereignty, or political subdivision of a state, country, or sovereignty, and regardless of whether incorporated or unincorporated:(A)  a corporation;(B)  a person;(C)  a company, including a joint stock company;(D)  a partnership, including a limited partnership;(E)  an association;(F)  a firm;(G)  a syndicate; or(H)  a trust; and(2)  a government or a political subdivision or agency of a government.(b)  As used in Subsection (a), "trust":(1)  is deemed to include a common law trust; and(2)  does not include a trust created or appointed under or by virtue of a last will and testament or by a court.(c)  The definition of "person" assigned by Section 311.005 does not apply to any provision in this title.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.065 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.065. Registered Dealer

Sec. 4001.065.  REGISTERED DEALER.  "Registered dealer" means a dealer the commissioner has registered under Sections 4004.054 and 4004.055, or Section 4004.056.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.066 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.066. Registered Investment Adviser

Sec. 4001.066.  REGISTERED INVESTMENT ADVISER.  "Registered investment adviser" means an investment adviser to whom the commissioner has issued a registration certificate under Sections 4004.054 and 4004.055, or Section 4004.056.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.067 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.067. Sale; Offer for Sale; Sell

Sec. 4001.067.  SALE; OFFER FOR SALE; SELL.  (a)  "Sale," "offer for sale," and "sell" include every disposition or attempted disposition of a security for value.(b)  "Sale" means and includes:(1)  a contract or agreement in which a security is sold, traded, or exchanged for money, property, or another thing of value; or(2)  a transfer of or agreement to transfer a security, in trust or otherwise.(c)  "Sale" or "offer for sale" includes a subscription, an option for sale, a solicitation of sale, a solicitation of an offer to buy, an attempt to sell, or an offer to sell, directly or by an agent, by a circular, letter, or advertisement or otherwise, including the deposit in any manner in the United States mail within this state of a circular, letter, or other advertising matter.(d)  "Sell" means any act by which a sale is made.(e)  A security given or delivered with or as a bonus on account of a purchase of securities or other thing of value is conclusively presumed to:(1)  constitute a part of the subject of the purchase; and(2)  have been sold for value.(f)  The sale of a security under conditions that entitle the purchaser or subsequent holder to exchange the security for another security or to purchase another security is not deemed a sale or offer for sale of the other security.(g)  This section does not limit the meaning of the terms "sale," "offer for sale," or "sell" as used by or accepted in courts.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.068 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter B. Definitions|Section 4001.068. Security

Sec. 4001.068.  SECURITY.  (a)  The term "security":(1)  includes:(A)  a limited partner interest in a limited partnership;(B)  a share;(C)  a stock;(D)  a treasury stock;(E)  a stock certificate under a voting trust agreement;(F)  a collateral trust certificate;(G)  an equipment trust certificate;(H)  a preorganization certificate or receipt;(I)  a subscription or reorganization certificate;(J)  a note, bond, debenture, mortgage certificate, or other evidence of indebtedness;(K)  any form of commercial paper;(L)  a certificate in or under a profit sharing or participation agreement;(M)  a certificate or instrument representing an interest in or under an oil, gas, or mining lease, fee, or title;(N)  a certificate or instrument representing or secured by an interest in any of the capital, property, assets, profits, or earnings of a company;(O)  an investment contract; and(P)  any other instrument commonly known as a security, regardless of whether the instrument is similar to another instrument listed in this subsection; and(2)  applies regardless of whether the security is evidenced by a written instrument.(b)  "Security" does not include an insurance policy, endowment policy, annuity contract, or optional annuity contract, or any contract or agreement in relation to and in consequence of any such policy or contract, issued by an insurance company subject to the supervision or control of the Texas Department of Insurance when the form of such policy or contract has been filed with the department as required by law.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.101 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter C. General Administrative Provisions|Section 4001.101. Sufficiency of Notice

Sec. 4001.101.  SUFFICIENCY OF NOTICE.  In this title unless otherwise specified, a notice required by this title is sufficient if sent by registered or certified mail addressed to a person at:(1)  the address designated in any filing the person submitted to the commissioner; or(2)  the person's last known address.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.102 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter C. General Administrative Provisions|Section 4001.102. Consent for Service of Process

Sec. 4001.102.  CONSENT FOR SERVICE OF PROCESS.  (a)  This section applies only to an issuer, dealer, or investment adviser that is:(1)  organized under the laws of any other state, territory, or government; or(2)  domiciled in any other state.(b)  Unless a board rule specifies otherwise, an issuer, dealer, or investment adviser subject to this section must include in an application filed with or notice filing submitted to the commissioner a provision that appoints the commissioner as the attorney of the issuer, dealer, or investment adviser who may be served with process in any action or proceeding against the issuer, dealer, or investment adviser that arises out of any transaction subject to this title.(c)  The provision required by Subsection (b) must be executed by an authorized agent of the issuer, dealer, or investment adviser filing the application or submitting the notice filing.(d)  Service of process on the commissioner in accordance with a provision executed under this section has the same effect as if the issuer, dealer, or investment adviser was created or formed under the laws of this state and served with process in this state.(e)  If the commissioner is served with process in accordance with a provision executed under this section, the commissioner shall forward the process by United States mail to the last known address of the issuer, dealer, or investment adviser.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.151 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter D. Other General Provisions|Section 4001.151. Prosecution Under Certain Other Law

Sec. 4001.151.  PROSECUTION UNDER CERTAIN OTHER LAW.  Nothing in Chapter 269 (S.B. 294), Acts of the 55th Legislature, Regular Session, 1957 (Article 581-1 et seq., Vernon's Texas Civil Statutes), limits the liability of a person or company, or of its officers or agents, imposed by law as of August 22, 1957, so as to prevent the prosecution of the person or company, or of its officers or agents, for violating another statute.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.152 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter D. Other General Provisions|Section 4001.152. Good Faith

Sec. 4001.152.  GOOD FAITH.  (a)  A provision of this title that imposes liability or a penalty does not apply to an act or omission made in good faith in conformity with a board rule.(b)  This section applies regardless of whether the rule is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.153 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter D. Other General Provisions|Section 4001.153. Burden of Proof on Exemption

Sec. 4001.153.  BURDEN OF PROOF ON EXEMPTION.  (a)  A complaint, information or indictment, or a writ or proceeding brought under this title is not required to negate an exemption under this title.(b)  A party claiming an exemption under this title has the burden of proof on the exemption.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.154 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter D. Other General Provisions|Section 4001.154. Certified Copies of Certain Documents or Instruments as Evidence

Sec. 4001.154.  CERTIFIED COPIES OF CERTAIN DOCUMENTS OR INSTRUMENTS AS EVIDENCE.  (a) Except as provided by Subsection (b), a copy of a paper, document, or instrument filed in the office of the commissioner and certified by the commissioner must be admitted in evidence in a court and elsewhere in this state in any case in which the original would be admitted in evidence.(b)  In any proceeding in a court, the court may, on cause shown, require the production of the original paper, document, or instrument.(c)  In a prosecution, suit, or other action or proceeding in a court of this state that arises under this title, a certificate showing compliance or noncompliance with a provision of this title by a dealer, agent, investment adviser, or investment adviser representative constitutes prima facie evidence of the person's compliance or noncompliance with that provision if the certificate:(1)  is under the state seal; and(2)  is signed by the commissioner.(d)  A certificate described by Subsection (c) is admissible in evidence in an action to enforce this title.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4001.155 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4001 - General Provisions|Subchapter D. Other General Provisions|Section 4001.155. Proof of Certain Records

Sec. 4001.155.  PROOF OF CERTAIN RECORDS.  All records of the former securities divisions of the offices of the secretary of state and the former Board of Insurance Commissioners for which custody was assumed by the commissioner under Chapter 269, Acts of the 55th Legislature, Regular Session, 1957, shall be proven under the commissioner's certificate.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.001 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter A. General Provisions|Section 4002.001. Applicability of Other Law

Sec. 4002.001.  APPLICABILITY OF OTHER LAW.  The board and commissioner are subject to Chapters 551, 2001, and 2002.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.002 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter A. General Provisions|Section 4002.002. Sunset Provision

Sec. 4002.002.  SUNSET PROVISION.  The State Securities Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this title expires September 1, 2031.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.Amended by: Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 9.101, eff. January 1, 2022.|
TX Govt Code § 4002.051 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.051. Appointment of Board

Sec. 4002.051.  APPOINTMENT OF BOARD.  (a)  The State Securities Board consists of five citizens of this state appointed by the governor with the advice and consent of the senate.(b)  Members of the board must be members of the general public.(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(d)  A member of the board is eligible for reappointment.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.052 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.052. Membership Eligibility

Sec. 4002.052.  MEMBERSHIP ELIGIBILITY.  A person is not eligible for appointment to the board if the person or the person's spouse:(1)  is registered as a dealer, agent, investment adviser, or investment adviser representative;(2)  has an active notice filing under this title to engage in business in this state as an investment adviser or investment adviser representative;(3)  is employed by or participates in the management of a business entity engaged in business as a securities dealer or investment adviser; or(4)  has, other than as a consumer, a financial interest in a business entity engaged in business as a securities dealer or investment adviser.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.053 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.053. Membership and Employee Restrictions

Sec. 4002.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the board or an employee of the board employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a field regulated by the board; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the board.(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the board.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.054 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.054. Terms; Vacancy

Sec. 4002.054.  TERMS; VACANCY.  (a)  Members of the board serve staggered six-year terms, with as near as possible to one-third of the members' terms  expiring January 20 of each odd-numbered year.(b)  The governor shall fill a vacancy on the board for the unexpired term.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.055 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.055. Presiding Officer

Sec. 4002.055.  PRESIDING OFFICER.  The governor shall designate a member of the board as the board's presiding officer to serve in that capacity at the will of the governor.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.056 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.056. Grounds for Removal

Sec. 4002.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:(1)  does not have at the time of taking office the qualifications required by Section 4002.051;(2)  does not maintain during service on the board the qualifications required by Section 4002.051;(3)  is ineligible for membership under Section 4002.052 or 4002.053;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c)  If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the board's presiding officer of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the commissioner shall notify the board's next highest ranking officer, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4002.057 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4002 - State Securities Board and Securities Commissioner|Subchapter B. State Securities Board|Section 4002.057. Per Diem

Sec. 4002.057.  PER DIEM.  A member of the board is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of the board.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|