reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 97 - BUSINESS OPPORTUNITY › Subchapter C - TRUST ACCOUNT › Section 97.31 - Requirements of Trust Account

Current through Reg. 49, No. 28; July 12, 2024
A trust account established in accordance with
					 §51.101(a)(2) of the Business Opportunity Act must be established with an
					 entity that has the power to accept deposits under the law and that is
					 authorized to transact business in Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 97 - BUSINESS OPPORTUNITY › Subchapter C - TRUST ACCOUNT › Section 97.32 - Cancellation of Trust Account

Current through Reg. 49, No. 28; July 12, 2024
A trust account shall be maintained until the earlier
					 of:
(1) approval of the secretary of
				  state to cancel the trust account; or
(2) two years after the registrant formally
				  terminates registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 97 - BUSINESS OPPORTUNITY › Subchapter D - IRREVOCABLE LETTER OF CREDIT › Section 97.41 - Requirements of Irrevocable Letter of Credit

Current through Reg. 49, No. 28; July 12, 2024
An irrevocable letter of credit must be obtained from an
					 entity that has the power to issue letters of credit under the law and that is
					 authorized to transact business in Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 97 - BUSINESS OPPORTUNITY › Subchapter D - IRREVOCABLE LETTER OF CREDIT › Section 97.42 - Cancellation of Irrevocable Letter of Credit

Current through Reg. 49, No. 28; July 12, 2024
An irrevocable letter of credit established in accordance
					 with §
										RSA
					 97.41 of this title (relating to Requirements
					 of Irrevocable Letter of Credit) shall be maintained until the earlier
					 of:
(1) approval of the secretary of
				  state to cancel the irrevocable letter of credit; or
(2) two years after the registrant formally
				  terminates registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 98 - DENTAL SUPPORT ORGANIZATIONS › Subchapter A - DEFINITIONS › Section 98.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms defined in Chapter 73 of the Business &
					 Commerce Code shall have the same meaning in this chapter. In addition the
					 following words and terms, when used in this chapter, shall have the following
					 meanings, unless the context clearly indicates otherwise.
(1) Dental Support Agreement--The agreement
				  under which a dental support organization provides two or more business support
				  services to a dentist.
(2)
				  Non-Dentist Owner--A person, including a corporation, association, limited
				  partnership, limited liability company, limited liability partnership, sole
				  proprietorship, or other legal entity, who is not a licensed dentist but
				  maintains 10% or more ownership in a dental support organization.
(3) Professional Entity--A professional
				  corporation, professional limited liability company, professional association,
				  general partnership that provides a professional service, or limited
				  partnership that provides a professional service.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 98 - DENTAL SUPPORT ORGANIZATIONS › Subchapter B - REGISTRATION AND RENEWAL OF DENTAL SUPPORT ORGANIZATIONS › Section 98.2 - Registration and Renewal of Dental Support Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) A complete initial registration or
				  renewal is comprised of:
(1) A completed
				  registration form (See Form 3801);
(2) Payment of the filing fee stated in
				  § 98.5 of this chapter (relating to Filing Fees); and
(3) A registrant contact sheet (See Form
				  3802).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 98 - DENTAL SUPPORT ORGANIZATIONS › Subchapter B - REGISTRATION AND RENEWAL OF DENTAL SUPPORT ORGANIZATIONS › Section 98.3 - Timing of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Registrations will expire annually on December 31 of each year. Renewals may be
				  submitted from 90 days prior to expiration until January 31 of the year for
				  which the next registration will be effective, by submitting a completed
				  registration form and paying the filing fee, except as provided in subsection
				  (b) of this section.
(b) In the
				  event a dental support organization meets the requirements for registration
				  under §73.004 of the Business & Commerce Code after January 31, the
				  dental support organization must file an application for registration within 90
				  days after the date of execution of a dental support agreement.
(c) The initial registration for a dental
				  support organization that has entered into a dental support agreement prior to
				  February 1, 2016 must be filed not later than January 31, 2017.
(d) The initial registration for a dental
				  support organization that first enters into a dental support agreement on or
				  after February 1, 2016 must be filed not later than the 90th day after the date
				  the agreement is executed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 98 - DENTAL SUPPORT ORGANIZATIONS › Subchapter C - STATEMENT OF CORRECTION › Section 98.4 - Corrections

Current through Reg. 49, No. 28; July 12, 2024
(a) A dental support organization must submit
				  a statement of correction if, during the quarter, any information provided in
				  the registration changes.
(b) A
				  statement of correction must include the following information:
(1) The legal name of the dental support
				  organization;
(2) The date of the
				  last filed registration;
(3) Any
				  identification number assigned by the secretary of state assigned to the dental
				  support organization; and
(4) A
				  statement identifying the information that has changed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 98 - DENTAL SUPPORT ORGANIZATIONS › Subchapter D - FILING FEES › Section 98.5 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				  registering or renewing the registration of a dental support organization is
				  $150.
(b) The filing fee for a
				  statement of correction is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Agency--The Office of
				  the Secretary of State.
(2)
				  APA--Administrative Procedure Act, Texas Government Code, § 2001.01 et
				  seq.
(3) Complaint--The short and
				  plain written statement by which an individual alleges that a person has
				  violated or is violating a statute within the jurisdiction of the agency to
				  regulate.
(4) Contested case or
				  hearing--A proceeding, including, but not limited to, ratemaking and licensing,
				  in which the legal rights, duties, or privileges of a party are to be
				  determined by the agency after an opportunity for an adjudicative
				  hearing.
(5) Formal hearing--An
				  adjudicative proceedings in accordance with these sections.
(6) Hearings examiner--The administrative law
				  judge assigned by the State Office of Administrative Hearings to conduct a
				  proceeding on matters within the agency's jurisdiction. All references to
				  hearings examiner in these rules shall mean administrative law judge.
(7) Motion--A written or oral request to the
				  agency for a ruling made before, during, or after a contested case.
(8) Office--The department, section, or
				  division of the agency which supervises the regulation of the applicable
				  statute.
(9) Party--Each person
				  with sufficient legal, economic, or other interest to be named or admitted as
				  such by the agency to a contested case proceeding before the agency.
(10) Person--Any individual, partnership,
				  corporation, association, governmental subdivision, or public or private
				  organization.
(11) Pleading--A
				  formal statement by a party or the agency containing their respective claims or
				  defenses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.2 - Object of Rules

Current through Reg. 49, No. 28; July 12, 2024
The objective of these sections is to provide for a
					 straight forward, comprehensive, and efficient system of procedure before the
					 agency to the end that justice may be served, the public's interest and welfare
					 may be protected, and the disposition of cases may not be unduly
					 delayed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.3 - Scope, Applicability, and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall govern the conduct of all contested
					 cases before the agency. The sections contained in this chapter shall be
					 construed liberally, with a view toward the objective for which they were
					 adopted. They shall not be construed so as to enlarge, diminish, modify, or
					 otherwise alter the jurisdiction, powers, or authority of the agency or the
					 substantive rights of any person. Unless otherwise expressly provided, the
					 past, present, or future tense includes the other; the masculine, feminine, or
					 neuter gender each includes the other; and the singular and plural number each
					 includes the other. In addition to this chapter, parties participating in a
					 contested case before this agency should make reference to the Administrative
					 Procedure Act, Texas Government Code; to the Automobile Club Services Act; to
					 the State Seal of Texas Act, Texas Business and Commerce Code, §
										RSA
					 17.08; to the Texas Notaries Public Act,
					 Texas Government Code, §
										RSA
					 406.001 et seq.; to the Texas Election Code,
					 Chapter 122; and to the substantive rules, administrative regulations, and
					 orders of the agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.5 - Agreements To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the parties, their
					 attorneys, or their representatives, with regard to any matter involved in any
					 contested case before the agency, shall be enforced, unless it has been reduced
					 to writing and signed by the parties or their authorized representatives, or
					 unless it has been dictated into the record during the course of a hearing, or
					 incorporated in any order bearing their written approval. This section does not
					 limit a party's ability to waive or modify by stipulation or agreement any
					 right or privilege afforded by these sections or by law, unless otherwise
					 precluded by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.6 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by law, there shall be no verbal
					 communications with the hearings examiner regarding any issue of fact or law in
					 a contested case without notice and opportunity for all parties to participate,
					 and there may be no written communications that are not transmitted at the same
					 time to all parties, except that an individual involved in rendering the
					 decision in a contested case may communicate ex parte with employees of the
					 agency who did not participate in the hearing for the purpose of utilizing
					 their special skills or knowledge in evaluating the evidence.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter A - GENERAL RULES › Section 101.7 - Personal Service by the Agency

Current through Reg. 49, No. 28; July 12, 2024
Where personal service of notice, complaint, pleading, or
					 other document by the agency is required, the agency shall mail the same by
					 certified mail, return receipt requested, to the last known address of the
					 person entitled to receive such notice, complaint, pleading, or
					 documents.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter B - INITIATION OF PROCEEDINGS, COMPLAINTS, AND PLEADINGS › Section 101.22 - Initiation of Proceedings and Examination of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Where applicable, upon the filing of a
				  complaint with the appropriate office, the office shall determine whether the
				  complaint complies with its prescribed form, if any, and whether a contested
				  case should be initiated.
(1) If the office
				  determines that the complaint does not substantially comply with its form, the
				  office may return the complaint to the person who filed it, together with a
				  statement of the office's reasons for returning the complaint.
(A) The person who filed a complaint shall
				  thereafter have the right to correct and refile the complaint.
(B) The refiling of the complaint shall be
				  within the time limit prescribed by the office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter B - INITIATION OF PROCEEDINGS, COMPLAINTS, AND PLEADINGS › Section 101.23 - Filing of an Answer by a Party

Current through Reg. 49, No. 28; July 12, 2024
Upon the receipt of a petition a party shall file a
					 response to such petition within 20 days. The answer shall comply with §
					 101.20 of this title (relating to Filing, Form, and Content of Complaints,
					 Pleadings and Other Documents) and shall be signed by the party or the party's
					 attorney. If the party is to be represented by an attorney, the name and
					 address of the attorney should be set forth in the answer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter B - INITIATION OF PROCEEDINGS, COMPLAINTS, AND PLEADINGS › Section 101.24 - Failure To Answer/Default Judgment

Current through Reg. 49, No. 28; July 12, 2024
If the party shall fail to answer within the time period
					 established by §
										RSA
					 101.23 of this title (relating to Filing of
					 an Answer by a Party) or if a party answers but fails to appear at the time set
					 for hearing, the agency may request that the hearings examiner render a default
					 judgment adverse to the party. The default judgment will be entered upon the
					 basis of the pleadings and the complaint, and upon proof of the proper
					 service.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter C - PREHEARING PROCEDURES › Section 101.30 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise precluded by law, the agency may request
					 informal disposition of a contested case by stipulation or agreed settlement,
					 which may include the issuance of an official reprimand or the entry of a
					 consent order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter D - HEARING PROCEDURES › Section 101.41 - Place of Hearings

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise authorized or required by statute, all
					 contested cases shall be held in Austin.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter E - POST-HEARING PROCEDURES › Section 101.51 - Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party of
				  record, within 15 days after the date of service of a proposal for decision,
				  may file exceptions to the hearings examiner's proposal for decision with the
				  appropriate office, serving copies of such on all other parties.
(b) If a party files exceptions, the other
				  parties shall have 15 days after the date of filing to reply.
(c) Exceptions and replies shall conform to
				  § 101.20 of this title (relating to Filing, Form, and Content of
				  Complaints, Pleadings, and other Documents).
(d) Exceptions and replies filed with an
				  office shall be immediately forwarded to the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter E - POST-HEARING PROCEDURES › Section 101.52 - Secretary of State's Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  proposed decision of the hearings examiner must be approved by the secretary of
				  state before it is given any effect.
(b) Unless otherwise provided by law or these
				  sections, the secretary of state shall render a decision on the hearings
				  examiner's proposed decision on the following date which occurs first:
(1) 20 days after the date of service of the
				  hearings examiner's proposed decision on the parties, where no exceptions have
				  been timely filed; or
(2) 20 days
				  after the timely filing of exceptions to the hearings examiner's proposed
				  decision with the appropriate office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter F - APPEAL › Section 101.60 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise permitted by law, a motion for rehearing is a prerequisite to an
				  appeal. A motion for rehearing must be filed, with the appropriate office,
				  within 20 days after the party or his attorney of record is notified of the
				  agency decision. The motion must state each specific ground upon which the
				  party believes the agency's decision is erroneous. The motion for rehearing
				  will be acted on within 45 days after the date the party or his attorney of
				  record is notified of the agency decision.
(b) Any reply to a motion for rehearing must
				  be filed, with the appropriate office, within 30 days after a party or his
				  attorney is notified of the agency decision.
(c) If the agency has not acted on the motion
				  for rehearing within the 45-day period, the motion for rehearing is overruled
				  by operation of law, 45 days after the date the party or his attorney of record
				  is notified of the agency decision.
(d) By written order, the agency may extend
				  the period of time for filing the motions and replies and for taking agency
				  action, except that an extension may not extend the period for agency action
				  beyond 90 days after the date the party or his attorney is notified of the
				  agency decision.
(e) In the event
				  of an extension, the motion for rehearing is overruled by operation of law on
				  the date fixed by the agency's decision or, in the absence of a fixed date, 90
				  days after the date the party or his attorney is notified of the agency's
				  decision.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 101 - PRACTICE AND PROCEDURE BEFORE THE OFFICE OF THE SECRETARY OF STATE › Subchapter F - APPEAL › Section 101.61 - Original or Certified Copies of Record

Current through Reg. 49, No. 28; July 12, 2024
A party who appeals a final decision in a contested case
					 shall pay all of the cost of preparation of any original or certified copy of
					 the record of the agency proceedings that is required to be transmitted to the
					 reviewing court.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter A - DEFINITIONS › Section 102.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms defined in the Health Spa Act (Texas
					 Occupations Code, Chapter 702) shall have the same meaning in this chapter. In
					 addition the following words and terms, when used in this chapter, shall have
					 the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Health Spa Act, Texas
				  Occupations Code, Chapter 702.
(2)
				  Equivalent Facilities--Facilities that have substantially similar hours of
				  operation, physical structures, improvements, square footage, exercise
				  equipment, and access to instructors, trainers and classes as the closed
				  facility.
(3) Fully open or fully
				  open for business--The date on which all services of the health spa that were
				  advertised before the opening or promised to be made available are available
				  for use by its members.
(4)
				  Registrant--A person who has registered with the secretary and has been issued
				  a health spa operator's certificate of registration.
(5) Secretary--The Texas secretary of
				  state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.10 - Procedure for Filing an Application for or Renewal of a Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A separate
				  application for a health spa operator's certificate of registration must be
				  submitted for each location where the applicant operates a health
				  spa.
(b) In addition to the
				  information required by §702.102 of the Health Spa Act (Act), an applicant
				  for a health spa operator's certificate of registration must include the
				  following information on any application for registration or renewal of
				  application for registration:
(1) the health
				  spa's name;
(2) a detailed
				  disclosure of the proposed facilities and services, including the hours of
				  operation and the availability and access to instructors, trainers and
				  classes;
(3) the approximate square
				  footage of the health spa;
(4) a
				  complete disclosure of any litigation, or any complaint filed with a
				  governmental authority filed within two years preceding the application or
				  currently pending relating to the failure to open or the closing of a health
				  spa brought against the owners, officers, or directors of the applicant; or a
				  statement signed and sworn to by or on behalf of the applicant stating that
				  there has been no litigation or complaint filed with a governmental authority
				  relating to the failure to open or the closing of a health spa brought against
				  the owners, officers, or directors of the applicant; and
(5) the federal employer identification
				  number of the applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.11 - Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) The registrant shall amend the
				  registration or any renewal not later than the 90th day after the date on which
				  a change in the information provided in the registration or renewal
				  occurs.
(b) The amendment to the
				  registration shall set forth the following information:
(1) the name of the registrant;
(2) the date of the last filed registration
				  or renewal and any identification number assigned by the secretary to that
				  registration or renewal; and
(3) an
				  identification of the information that has changed and the manner in which the
				  information has changed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.12 - Transferability of Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
The certificate of registration is not transferable. If a
					 health spa is purchased or otherwise transferred to a new owner, the new owner
					 or transferee must submit a new application for registration within five
					 business days of the purchase or transfer. In addition, the new owner or
					 transferee must submit a new surety bond, post other security or a new
					 application for exemption within five business days after the ownership has
					 been transferred. Transfer includes a sale of substantially all of the assets,
					 a sale of a majority of the ownership interests, or a merger or consolidation
					 of the registrant into a surviving or resulting entity. Transfer does not
					 include the conversion of a business entity of one type into a business entity
					 of another type or the redomestication of an entity from one jurisdiction to
					 another jurisdiction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.13 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A fee of $100 will accompany the
				  application for registration.
(b)
				  The fee for filing a renewal application is $100.
(c) The fee for an initial or renewal
				  application that is not completed before the 31st day after it is received is
				  forfeited and the application or renewal abandoned.
(d) There is no fee for filing an amendment
				  to a registration or renewal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.15 - Excluded Activities

Current through Reg. 49, No. 28; July 12, 2024
The following facilities or activities are not included
					 within the definition of "health spa" in §702.003 of the Health Spa Act
					 and are not required to register with the secretary under Chapter 702:
(1) facilities owned by organizations that
				  are tax exempt under
				  RSA
				  501 et seq.;
(2) private clubs owned and operated by its
				  members;
(3) entities exclusively
				  operated for teaching dance or aerobic exercise;
(4) entities exclusively engaged in physical
				  rehabilitation activity related to an individual's injury or disease;
(5) an individual or entity engaged in an
				  activity authorized under a valid license issued by this state; or
(6) activities conducted or sanctioned by a
				  school operating under the Education Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter B - REGISTRATION PROCEDURES › Section 102.18 - Application for Exemption from the Security Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant meeting the requirements for
				  exemption from the security requirements as set forth in §702.202 of the
				  Health Spa Act (Act) must apply for an exemption from the security requirements
				  of Subchapter D of Chapter 702 of the Act on the application form prescribed by
				  the secretary of state. The application for exemption must be signed and sworn
				  to by or on behalf of the applicant.
(b) The application form may be obtained from
				  the Statutory Documents Section of the Office of the Secretary of State, P.O.
				  Box 13550, Austin, Texas 78711-3550. It is also available on the secretary of
				  state web site at http://www.sos.state.tx.us/statdoc/forms/3006.doc. See form
				  3006.
(c) The application for
				  exemption from the security requirements must be submitted with the application
				  for registration.
(d) If the
				  secretary of state determines that the applicant meets the requirements for
				  exemption, the secretary shall issue a certificate of exemption providing that
				  the certificate holder is not required to file a surety bond or post other
				  security for the location registered.
(e) If an applicant has been granted an
				  exemption under §702.202(2) of the Act, the applicant must submit a
				  statement signed by or on behalf of the applicant continues to comply with the
				  requirements of §702.202(2), on the third anniversary of the initial
				  registration and every three years thereafter.
(f) The certificate of exemption is not
				  transferable. If a health spa is purchased or otherwise transferred to a new
				  owner, the new owner must submit a surety bond, post other security or file a
				  new application for exemption within five business days after the ownership has
				  been transferred. Transfer includes a sale of substantially all of the assets,
				  a sale of a majority of the ownership interests, or a merger or consolidation
				  of the registrant into a surviving or resulting entity. Transfer does not
				  include the conversion of a business entity of one type into a business entity
				  of another type or the redomestication of an entity from one jurisdiction to
				  another jurisdiction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter C - ESCROW › Section 102.20 - Procedure for Establishing and Releasing Escrow Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless exempted by the Health Spa Act,
				  §702.353 a registrant or an assignee or agent that accepts prepayments for
				  membership in a health spa before the date the health spa opens shall deposit
				  all of the funds in an escrow account established with a financial institution
				  whose accounts are insured by the Federal Deposit Insurance Corporation, the
				  Savings Association Insurance Fund, or the National Credit Union Administration
				  which shall hold the funds as escrow agent for the benefit of the members that
				  prepay.
(b) The following
				  conditions apply to escrow accounts:
(1)
				  Prepayments must be deposited at least biweekly and the first deposit must be
				  made not later than the 14th day after the date on which the registrant or its
				  agent accepts the first payment;
(2) The funds must remain in escrow and may
				  not be withdrawn by the registrant unless the following conditions are met:
(A) The health spa remains open for not less
				  than 30 days; and
(B) The
				  registrant provides the escrow agent proof that the registrant has filed an
				  affidavit with the secretary of state certifying that all obligations of the
				  registrant for which a lien could be filed under Property Code, Chapter 53,
				  have been paid and that no person is eligible to claim a lien under that
				  chapter during the period the registrant, its agent or assignee accepts
				  prepayments.
(3) The
				  escrow account will terminate and the funds will be refunded to the members of
				  the health spa under the following conditions:
(A) If the health spa does not fully open for
				  business before the 181st day after the registrant first sells a membership in
				  the health spa, or if the health spa does not remain open for 30 days, the
				  escrow agreement shall terminate and all prepayment deposits shall be refunded
				  to the members; or
(B) If another
				  health spa is operated by the same seller and is located not more than 10 miles
				  from the proposed location of the new health spa and the person purchasing the
				  membership is authorized to use these other facilities, then the member of the
				  new spa whose fees are held in escrow is entitled to receive a full refund of
				  the membership fees from the escrow agent if the new health spa does not open
				  before the 361st day after the date on which the new spa first sells a
				  membership or if the new spa does not remain open for 30 days.
(4) The financial institution
				  shall hold each prepayment as an escrow agent for the benefit of the member who
				  made the prepayments.
(5) The
				  financial institution will respond to each inquiry made by the secretary of
				  state regarding the escrow account.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter C - ESCROW › Section 102.21 - Statement Regarding Escrow Account

Current through Reg. 49, No. 28; July 12, 2024
The registrant shall submit a statement to the secretary of
					 state that identifies the escrow agent, the style of the deposit account, the
					 name and address of the financial institution, and any other information which
					 will identify the escrow account into which the prepayments have been
					 deposited. In addition, the statement must give authority to the secretary of
					 state to direct inquiries to the financial institution regarding the escrow
					 account. The statement shall be on a form prescribed by the secretary of state.
					 The statement shall be signed and notarized by the registrant and signed by the
					 escrow agent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter D - SECURITY › Section 102.30 - Acceptable Forms of Security

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  exempted, a health spa operator must file a surety bond or post as other
				  security:
(1) Cash or its equivalent;
				  or
(2) a Certificate of Deposit as
				  prescribed in §
											RSA
				  102.45 of this subchapter (relating to
				  Procedure for Filing Certificates of Deposit as Security).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter D - SECURITY › Section 102.32 - Amount of Security Required

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  purposes of this section, the term "total membership" in §702.151 and
				  §702.158 of the Health Spa Act (Act) means the health spa's total prepaid
				  memberships. The total amount paid for all prepaid memberships determines the
				  amount of the security that must be filed or posted.
(b) "Prepaid membership" means any membership
				  for which a member pays consideration in advance for a term that exceeds 31
				  days.
(c) An application for
				  registration or any renewal from a health spa operator, not exempt under
				  §702.202 of the Act, shall include a written statement from the health spa
				  operator that specifies:
(1) the total number
				  of prepaid memberships at the health spa location; and
(2) the total amount paid for all such
				  prepaid memberships.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter D - SECURITY › Section 102.35 - Adjudication of Claims and Posting of Notice of Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 10 days of receiving notice that a
				  health spa which has posted a security with the secretary has ceased
				  operations, the secretary shall notify the surety or obligor that:
(1) the health spa has ceased
				  operations;
(2) the members of the
				  health spa may have suffered financial losses within the meaning of the Health
				  Spa Act (Act) and these rules;
(3)
				  the secretary may make a claim on the bond or other security or require that
				  the surety or obligor holding funds compensate the members for any losses;
				  and
(4) the secretary intends to
				  inform the registrant that the registrant must post a notice at the health spa
				  location notifying the public of the fact that the health spa is closed and the
				  procedures for and the timeframe in which documents must be submitted to the
				  secretary to perfect a claim under the security posted.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter D - SECURITY › Section 102.45 - Procedure for Filing Certificates of Deposit as Security

Current through Reg. 49, No. 28; July 12, 2024
(a) If the registrant provides a certificate
				  of deposit as security under the Health Spa Act, §702.151, the certificate
				  of deposit must be issued by a financial institution in this state whose
				  deposits are insured by the Federal Deposit Insurance Corporation, the Savings
				  Association Insurance Fund, or the National Credit Union Administration. The
				  certificate of deposit must be assigned to the secretary of state, payable to
				  the State of Texas for the use and benefit of each member of a health spa who
				  suffers financial loss due to closure of a health spa. The assignment shall
				  remain in full force and effect until expressly withdrawn by the assignor with
				  the approval of the secretary of state.
(b) A copy of the document, issued by the
				  financial institution evidencing the existence of the certificate of deposit
				  must be filed along with an executed assignment form. The assignment form can
				  be obtained from the Statutory Documents Section of the Office of the Secretary
				  of State, P.O. Box 13550, Austin, Texas 78711-3550. The assignment form is also
				  available on the secretary of state web site at
				  http://www.sos.state.tx.us/statdoc/statforms.shtml#HSF. See form
				  3004.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 102 - HEALTH SPAS › Subchapter E - GENERAL INFORMATION › Section 102.50 - Forms

Current through Reg. 49, No. 28; July 12, 2024
Forms shall be provided by the Office of the Secretary of
					 State for the purposes of complying with the Health Spa Act, Chapter 702, and
					 this chapter. The forms may be obtained from the Office of the Secretary of
					 State, Statutory Documents Section, P.O. Box 13550, Austin, Texas 78711-3550.
					 Forms are also available on the secretary of state web site at:
					 http://www.sos.state.tx.us/statdoc/statforms.shtml#HSF.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 103 - MEMBERSHIP CAMPING RESORTS › Section 103.1 - Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Membership Camping Resort Act,
				Chapter 222, Texas Property Code, requires membership camping resort operators,
				as well as sellers and contract brokers, to register with the secretary of
				state.
(b) A registration will be
				accepted for filing only upon submission of a completed registration form and
				payment of the applicable fee.
(c)
				Registration forms are available on the secretary of state web site at
				www.sos.state.tx.us/statdoc/statforms or may be obtained by writing the
				Statutory Documents Section, Office of the Secretary of State, P.O. Box 13550,
				Austin, Texas 78711-3550. See Forms 3101, 3102.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 103 - MEMBERSHIP CAMPING RESORTS › Section 103.2 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				registering a membership camping resort is $250.
(b) The filing fee for registering a
				membership camping contract broker or seller is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 103 - MEMBERSHIP CAMPING RESORTS › Section 103.3 - Revocation, Suspension, or Denial of Registration

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state may revoke, suspend, or deny a
				  registration as set forth in §§53.021 - 53.024, Texas Occupations
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter A - PUBLIC SAFETY SOLICITATIONS › Section 105.1 - Registration; Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  statement will be accepted for filing only upon submission of a completed
				  registration form and payment of the applicable fee. See Forms 3201,
				  3203.
(b) Registration and other
				  forms designed for the purposes of complying with Chapter 1803, Texas
				  Occupations Code and this subchapter 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, Office of the Secretary of State, P.O.
				  Box 13550, Austin, Texas 78711-3550. See Forms 3201, 3203, 3205-06.
(c) If an initial or renewal registration is
				  not complete before the 45th day after it is received incomplete, the file will
				  be closed and registration fee forfeited.
(d) If a renewal filing is not received
				  before the 30th day after the registration has lapsed, the file will be
				  closed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter A - PUBLIC SAFETY SOLICITATIONS › Section 105.4 - Updates

Current through Reg. 49, No. 28; July 12, 2024
A registered public safety organization, independent
					 promoter, public safety publication, or solicitor shall file an updated
					 statement and pay the applicable fee within 30 days after the date of a change
					 of street address, mailing address, phone number, or name.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter A - PUBLIC SAFETY SOLICITATIONS › Section 105.7 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				  a new or renewal registration statement for a public safety organization,
				  independent promoter, or public safety publication is $250.
(b) The filing fee for a new or renewal
				  solicitor's registration statement is $500.
(c) The filing fee for an updated statement
				  pursuant to §
										RSA 105.4 of this title
				  (relating to Updates) is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter B - VETERANS SOLICITATIONS › Section 105.101 - Registration; Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  statement will be accepted for filing only upon submission of a completed
				  registration form and payment of the applicable fee. See Forms 3501,
				  3504.
(b) Registration and other
				  forms designed for the purposes of complying with Chapter 1804, Texas
				  Occupations Code and this subchapter 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, Office of the Secretary of State, P.O.
				  Box 13550, Austin, Texas 78711-3550. See Form 3501-06.
(c) If an initial or renewal registration
				  statement is not complete before the 45th date after it is received incomplete,
				  the file will be closed and the registration fee forfeited.
(d) If a renewal filing is not received
				  before the 30th day after the registration has lapsed, the file will be
				  closed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter B - VETERANS SOLICITATIONS › Section 105.106 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Before January 15 of each year, a
				  registered veterans organization that received more than $500 in solicited
				  funds during the preceding calendar year shall file a report with the secretary
				  of state. See Form 3503.
(b) At the
				  end of each calendar quarter, a solicitor who raises more than $5,000 for a
				  veterans organization during that calendar quarter shall file a report with the
				  secretary of state. See Form 3506.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter B - VETERANS SOLICITATIONS › Section 105.109 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				  a new or renewal registration statement for a veterans organization is
				  $150.
(b) The filing fee for a new
				  or renewal solicitor's registration statement is $500.
(c) The filing fee for a report pursuant to
				  §
										RSA 105.106 of this title
				  (relating to Reports) is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.201 - Registration; Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  statement will be accepted for filing only upon submission of a completed
				  registration form and payment of the applicable fee. See Form 3401.
(b) Registration and other forms designed for
				  the purposes of complying with Chapter 302, Texas Business and Commerce Code
				  and this subchapter 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, Office of the Secretary of State, P.O. Box 13550,
				  Austin, Texas 78711-3550. See Forms 3401, 3403-06.
(c) A telephone solicitation seller shall
				  file an irrevocable consent appointing the secretary of state to act as the
				  seller's agent to receive service of any lawful process in any noncriminal
				  suit, action, or proceeding against the seller that may arise under Chapter
				  302, Texas Business and Commerce Code. The consent form may be obtained by
				  writing the Statutory Documents Section at the address provided in subsection
				  (b) of this section. See Form 3406.
(d) The effective date of a registration
				  statement is the date on which the secretary of state issues the certificate of
				  registration. A registration statement is effective for one year after its
				  effective date and may be renewed.
(e) A registration statement is renewed by
				  filing a renewal registration statement and paying the applicable fee. See Form
				  3401.
(f) If an initial or renewal
				  registration statement is not complete before the 45th day after it is received
				  incomplete, the file will be closed and the registration fee
				  forfeited.
(g) If a renewal filing
				  is not received before the 30th day after the registration has lapsed, the file
				  will be closed.