reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.35 - Salesperson's Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A salesperson may not act in any capacity
				  beyond the scope of a salesperson unless they are legally authorized to do
				  so.
(b) A salesperson may not
				  collect any monies in connection with a manufactured home transaction except in
				  the name of the sponsoring retailer or broker.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.36 - Retailers' Rebuilding Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any home that is salvaged as defined in
				  §1201.461 of the Standards Act, may be rebuilt/repaired for purposes of
				  issuance of a manufactured Statement of Ownership at the option of the
				  Department after inspection in accordance with Department procedures.
				  Notification in writing to the Department at its Austin headquarters shall be
				  required before rebuilding/repair begins.
(b) The retailer must:
(1) notify the Department in writing ten (10)
				  business days before rebuilding (or monthly for continuous activity) and
				  provide the following, if available:
(A) HUD
				  or Texas Seal number;
(B) data
				  plate and comfort cooling certificate information (applicable wind and roof
				  load zones, manufacturer's name and address, home model, list of appliance
				  models, home production date, thermal zones, transmission coefficients, furnace
				  certification temperatures, and duct capacity for cooling);
(C) copy of salvage declaration report if
				  salvaged by an insurance company;
(D) description of damage;
(E) description of cause of damage (water,
				  wind, impact, fire, etc.); and
(F)
				  location of home during rebuilding.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.37 - Correction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The retailer,
				  installer, or manufacturer shall take immediate corrective action when
				  notification is received from a consumer and the nature of the complaint
				  indicates an imminent safety hazard or serious defect.
(b) Except as provided in subsection (a) of
				  this section, manufacturers, retailers, and installers shall perform their
				  obligations in accordance with their respective written warranty within a
				  reasonable period of time. A reasonable period of time is deemed to be not more
				  than thirty (30) calendar days following receipt of the consumer's written
				  notification unless there is good cause requiring more time. The consumer's
				  written notification must be given:
(1)
				  within the one (1) year manufacturer's and retailer's warranty period for new
				  homes;
(2) within two (2) years for
				  the installer's warranty period; and
(3) for used homes within sixty-five (65)
				  calendar days after the date of the sale or installation, whichever is
				  later.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.38 - Right to Advance Copy of Certain Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) A consumer may
				  modify or waive the right to rescind the deadlines for disclosures before the
				  execution of the contract if the consumer determines that the purchase
				  transaction is needed to meet a bona fide emergency. To modify or waive the
				  right, the consumer shall give the retailer a dated written statement that
				  describes the emergency, specifically modifies or waives the notice periods,
				  and bears the signature of all the consumers entitled to the disclosures and
				  right of rescission. Printed forms for this purpose are prohibited, except as
				  set forth on the Department's website.
(b) Printed forms may be used to the rights
				  as provided for in §1201.164 of the Standards Act only if:
(1) The basic form set forth on the
				  Department's website is used; and
(2) The Director has reviewed and approved
				  the language used to describe the specific declared emergency.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter D - LICENSING › Section 80.41 - License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General License
				  Requirements. In order to apply to obtain a license, the promulgated form of
				  application for such license must be fully completed and executed and submitted
				  to the Department, accompanied by the required fee, required security, and all
				  other required supporting documentation. The Department may request any
				  reasonably related additional information or documentation to clarify or
				  support any application.
(1) Additional
				  provisions applicable to salespersons.
(A) A
				  salesperson is an agent of their sponsoring retailer or broker. The sponsoring
				  retailer or broker is liable and responsible for the acts or omissions of a
				  salesperson in connection with any activity subject to the Standards Act or
				  this Chapter. It is a violation of the Standards Act and this chapter for a
				  retailer or broker of manufactured housing to employ a salesperson who is not
				  licensed with the Department or permit them to conduct business subject to the
				  Standards Act on their behalf.
(B)
				  If a salesperson's sponsoring retailer or broker is no longer licensed, that
				  salesperson's ability to act and a salesperson is automatically terminated
				  until such time as he or she is acting under a duly licensed sponsoring
				  retailer or broker and such sponsorship is on record with the Department. A
				  salesperson shall surrender his or her license to the Department within ten
				  (10) calendar days of termination from his or her sponsoring
				  retailer.
(C) A sponsoring retailer
				  or broker shall notify the Department in writing when a salesperson has been
				  terminated or is no longer sponsored by said retailer or broker.
(D) A salesperson's sponsoring retailer or
				  broker shall be issued a license card by the Department containing effective
				  date and license number and name and license number of the sponsor. A
				  salesperson shall be required to present a copy of a valid license card upon
				  request.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter E - ENFORCEMENT › Section 80.70 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall not obstruct or hinder
				  any inspection, investigation, or enforcement efforts being carried out by the
				  Department.
(b) Subpoenas or any
				  other order issued by the Director may be served by any person acting on behalf
				  of the Director.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter E - ENFORCEMENT › Section 80.73 - Procedures for Handling Consumer Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint may be initiated by a
				  consumer or by the Department. Unless the Department determines that it is
				  appropriate to proceed in another manner a copy of the complaint will be
				  provided to each person involved. The letter shall request a written response
				  within ten (10) calendar days unless the Department determines that a longer or
				  shorter period is warranted.
(1) If the
				  consumer has not previously notified the manufacturer, retailer or installer,
				  the Department will forward the written notification to the manufacturer,
				  retailer, or installer. This will constitute written notice of a request for
				  warranty service.
(2) If the
				  consumer has previously provided written notification to the manufacturer,
				  retailer or installer of the need for warranty service or repairs, but believes
				  such has not been completed in a satisfactory manner, the Department shall
				  perform a home inspection, if required. If a home inspection is performed and
				  violations are found, the Department will assign responsibilities for repair,
				  and notify the manufacturer, retailer, installer, and consumer of their
				  responsibilities to complete such warranty or service repair in accordance with
				  §1201.356(c) of the Standards Act.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter F - MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM › Section 80.80 - Administration of Claims under the Manufactured Homeowner Consumer Claims Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The Director,
				  before authorizing any party performing warranty work or providing other goods
				  or services that are to be reimbursed from the Manufactured Homeowner Consumer
				  Claims Program (the "Claims Program") to proceed, will require that an estimate
				  be submitted on the form set forth on the Department's website properly
				  completed and executed.
(b)
				  Re-assigned warranty work required by the Director to be performed shall,
				  unless extended for good cause or provided otherwise in the order, be performed
				  within thirty (30) days or such other time as the director may by order
				  specify:
(1) evidence that re-assigned
				  warranty work was performed shall, unless extended for good cause, be supplied
				  to the Department within ten (10) days of completion; and
(2) all warranty work or other work to be
				  reimbursed from the Claims Program, once completed, is subject to being
				  re-inspected.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter G - STATEMENTS OF OWNERSHIP › Section 80.90 - Issuance of Statements of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Requirements. In order to be
				  deemed complete, an application for a Statement of Ownership must include, as
				  applicable:
(1) A completed and fully
				  executed Application for Statement of Ownership on the Department's prescribed
				  current form;
(2) The required
				  fee;
(3) If the statement of
				  ownership is to reflect the recordation of a lien, other than a tax lien, for
				  which the Department does not have the owner's consent, copies of documentation
				  establishing the creation and existence of each such lien, and an affidavit of
				  fact explaining the circumstances of the lien;
(4) When one or more existing liens are to be
				  released, assigned, or foreclosed, appropriate supporting
				  documentation;
(5) When an
				  application for Statement of Ownership indicates a change in ownership but no
				  change in lien, supporting documentation that clearly establishes that the lien
				  holder consented to that change; and
(6) When a manufactured home is to be
				  designated for use as a dwelling after the home has been designated for
				  business use, salvage, or as real property, evidence of a satisfactory
				  habitability inspection by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter G - STATEMENTS OF OWNERSHIP › Section 80.91 - Issuance of a Texas Seal

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of
				  a Texas Seal requires the submittal of an application for Statement of
				  Ownership , the applicable fee and the fee for each Texas Seal
				  issued.
(b) A Texas Seal can only
				  be issued to a home meeting the definition of a HUD Code manufactured home or a
				  mobile home.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter G - STATEMENTS OF OWNERSHIP › Section 80.93 - Recording Tax Liens on Manufactured Homes

Current through Reg. 49, No. 28; July 12, 2024
(a) Manually filed tax liens shall be filed
				  with the Department using the form set forth on the Department's website. No
				  other form will be accepted for the manual filing of tax liens. The form must
				  be properly completed.
(b)
				  Electronically filed tax liens and tax lien releases shall be filed with the
				  Department using the required format as provided in the Tax Lien File Layout
				  set forth on the Department's website. No other format will be accepted for
				  electronic filing of tax liens.
(c)
				  When releasing a tax lien recorded with the Department via a tax certificate or
				  tax paid receipt, the documentation must demonstrate the tax lien field has
				  been satisfied for the correct home.
(d) For tax liens recorded after June 18,
				  2005, but prior to the rules that were effective on January 29, 2006, those tax
				  liens relating to tax years prior to 2001 were disregarded and will not be
				  treated as having been recorded.
(e) A tax collector may file as a central tax
				  collector under a single taxing entity ID number, in which case the liens
				  recorded or released under that taxing entity ID number will extend to all
				  liens created for tax obligations to the taxing entity for which the filer
				  collects. In order, however, to file as a central collector, the filer must
				  complete and provide to the Department the form set forth on the Department's
				  website. A single filing for multiple taxing entities must reflect the
				  aggregate amount of the tax liabilities to which the filing relates.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter G - STATEMENTS OF OWNERSHIP › Section 80.94 - Report to County Tax Assessor - Collectors and County Appraisal Districts

Current through Reg. 49, No. 28; July 12, 2024
In order to comply with §1201.220 of the Standards
					 Act, which requires the Department to provide a monthly report to each tax
					 assessor-collector and county appraisal district in Texas, the Department will
					 provide the required information by hardcopy or electronically, when possible.
					 Section 1201.009 of the Standards Act, allows the Department, if feasible, to
					 perform any action under this chapter by electronic means.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter G - STATEMENTS OF OWNERSHIP › Section 80.95 - Recording Ownership for Emergency Housing

Current through Reg. 49, No. 28; July 12, 2024
(a) A federal government agency that
				  purchases a manufactured home to provide temporary housing in response to a
				  natural disaster or other declared emergency may apply for a statement of
				  ownership using the Statement of Ownership Application for Federal Governmental
				  Agency.
(b) The Department may also
				  accept a Certificate to Obtain Title signed by the federal government agency or
				  their authorized representative in lieu of the Statement of Ownership
				  Application for Federal Governmental Agency.
(c) The Department shall apply priority and
				  special handling when an application for emergency housing in conjunction with
				  a natural disaster or declared emergency is received.
(d) The Department may waive or refund any
				  fees for emergency housing affiliated with a governor's executive order or
				  proclamation that declares a state of disaster under Chapter 418 of the
				  Government Code in the affected area.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of Chapter 90 is to establish rules governing
				  Migrant Labor Housing Facilities that are subject to being licensed under Tex.
				  Gov't Code Chapter 2306, Subchapter LL (§§2306.921 - 2306.933). It is
				  recognized that aligning state requirements with the federal standards for
				  migrant farm worker housing that must be inspected in order to participate in
				  other state and federal programs, such as with the U.S. Department of Labor's
				  H2-A visa program, allows for cooperative efforts between the Department and
				  other state and federal entities to share information. This will reduce
				  redundancies and improve the effectiveness of the required
				  licensing.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.3 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) All Migrant Labor Housing Facilities in
				the state of Texas, which may include hotels and other public accommodations if
				owned by or contracted for by Providers must be inspected and comply with the
				requirements in this chapter and
				29 CFR §§
										500.130,
				500.132 -
				500.135, without the exception
				provided in 29 CFR §
										500.131.
(b) Where agricultural employers own, lease,
				rent, otherwise contract for, or obtain under other working arrangements,
				Facilities "used" by individuals or Families that meet the criteria described
				in the Act, the employer as Provider of said housing, "establishes" and becomes
				the "operator" of a Migrant Labor Housing Facility, and is the responsible
				entity for obtaining and "maintaining" the License on such Facility, as those
				terms are used in Tex. Gov't Code §
									2306.921 -
				2306.922.
(c) An applicant for a License must
				facilitate an inspection by the Department with the owner of the property(ies)
				at which the Migrant Labor Housing Facility is located, or the inspection will
				be considered failed.
(d) Owners or
				operators of homeless shelters, public camp grounds, youth hostels, hotels and
				other public or private accommodations that do not contract for services with
				Providers to house Workers are not required to be licensed.
(e) No License would be required where a
				Worker is housed exclusively with his/her Family using their own structure,
				trailer, or vehicle, but temporarily residing on the land of another.
(f) A Facility may include multiple buildings
				on scattered or noncontiguous sites, as long as the scattered sites are in a
				reasonable distance from each other, and the work location and the buildings
				are operated as one Facility by the Provider.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.6 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Licensee shall maintain and upon
				request make available for inspection by the Department, the following records:
(1) Copies of all correspondence to and from
				the Department. This shall include the current designation of each
				Provider;
(2) A current list of the
				Occupants of the Facility and the date that the occupancy of each
				commenced;
(3) Documentation
				establishing that all bedding facilities were sanitized prior to their being
				assigned to the current occupant; and
(4) Copies of any and all required federal,
				state, or local approvals and permits, including but not limited to any permits
				to operate a waste disposal system or a well or other water supply, and any
				correspondence to or from such approving or permitting authorities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.7 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Department receives any complaint,
				it shall investigate it by appropriate means, including the conducting of a
				complaint inspection. Any complaint inspection will be conducted after giving
				the Provider notice of the inspection and an opportunity to be present. The
				complainant will be contacted by the Department as soon as possible but no
				later than 10 days after making a complaint and such a call may be relayed to
				local authority(s) if a possible life threatening safety or health issue is
				involved.
(b) A Licensee, through
				its Provider, shall be provided a copy of the substance of any complaint (or,
				if the complaint was made verbally, a summary of the matter) and given a
				reasonable opportunity to respond. Generally, this shall be 10 business days.
(1) Complaints may be made in writing or by
				telephone to 1-833-522-7028.
(2)
				Complaints may be made in English, Spanish, or other language.
(3) To the fullest extent permitted by
				applicable law, the identity of any complainant shall be maintained as
				confidential (unless the complainant specifically consents to the disclosure of
				their identity or requests that the Department disclose their
				identity).
(4) Licensees and
				Providers shall not engage in any retaliatory action against an Occupant for
				making a complaint in good faith. Any retaliatory action may be subject to
				administrative penalties and sanctions per §
										90.8 of this chapter (relating to
				Administrative Penalties and Sanctions).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.8 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				Director finds that the requirements of the Act or these rules are not being
				met, he or she may assess administrative penalties or impose other sanctions as
				set forth in subsections (b) - (d) of this section. Nothing herein limits the
				right, as set forth in the Act, to seek injunctive and monetary relief through
				a court of competent jurisdiction.
(b) For each violation of the Act or rules a
				penalty of up to $200 per day per violation may be assessed.
(c) For violations that present an imminent
				threat to health or safety, if not promptly addressed, the Director may suspend
				or revoke the affected License.
(d)
				Administrative penalties assessed regarding Migrant Labor Housing Facilities
				will be addressed exclusively under this section, and are not subject to 10 TAC
				Chapter 2, relating to Enforcement.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.9 - Dispute Resolution, Appeals, and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A Licensee is
				entitled to appeal any order issued by the Director, including any order as a
				result of an inspection or a complaint and any order denying a License or
				issuing a License subject to specified conditions.
(b) In lieu of or during the pendency of any
				appeal, a Licensee may request to meet with the Director or, at his or her
				option, his or her designee to resolve disputes. Any such meeting may be by
				telephone or in person. Meetings in person shall be in the county where the
				migrant labor housing facility affected is located, unless the Licensee agrees
				otherwise.
(c) A Licensee may
				request alternative dispute resolution in accordance with the Department's
				rules regarding such resolution set forth at §
									1.17 of this title (relating to
				Alternative Dispute Resolution).
(d) All administrative appeals are contested
				cases subject to, and to be handled in accordance with, Chapters 2306 and 2001,
				Tex. Gov't Code.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.2 - Eligibility Requirements for Designation of a Readjustment Zone

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria for Readjustment Zone
				Designation. To be designated as a readjustment zone, an applicant must make
				written application to the Office for designation of an area within the
				applicant's jurisdiction and meet the qualifications specified in the Act,
				§§2310.101, 2310.102, 2310.103 and 2310.104.
(b) The governing body of a county may not
				nominate area in a municipality or a municipality's extraterritorial
				jurisdiction to be included in a readjustment zone unless the municipality is a
				joint applicant with the county.
(c) Documentation. An application for
				readjustment zone designation must contain the information and documentation
				specified in the Act, including the source, methodology and certification of
				the data. The application must provide adequate documentation of defense worker
				job loss during the period between the beginning of the federal fiscal year
				during which the event described in the Act, §2310.102, occurred and the
				date that the event is substantially complete. In order to establish
				eligibility, this documentation must include:
(1) defense worker baseline data representing
				the number of defense workers employed during the fiscal year of the event
				described above;
(2) number of
				defense worker jobs lost during the period between the fiscal year that the
				event was announced and the date the event is substantially complete;
				and
(3) total number of people
				currently employed within the jurisdiction making application.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.3 - Eligibility Requirements for Designation of a Readjustment Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may designate a qualified
				business as a readjustment project only if the Office determines that the
				applicant governing body and the qualified business meet the conditions
				specified in the Act, §§2310.301, 2310.302, 2310.303, and
				2310.304.
(b) The Office may
				designate at least one readjustment project located off of the defense
				facility. The Office may allow additional projects to be located off of the
				defense facility if requested by the governing body and approved by the
				Office.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.5 - Application Contents for Designation of Defense Readjustment Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) For a qualified business to be designated
				as a readjustment project, the nominating body, after nominating the area as a
				readjustment zone, must send to the Office a written application for
				designation of the qualified business as a readjustment project with the
				information specified in the Act, §2310.305.
(b) Documentation. An application for
				readjustment project designation must contain the information and documentation
				specified in the Act. If a readjustment project application is being filed on
				behalf of a business to be located in an readjustment zone that was nominated
				by more than one governing body, the information must be included for each
				applicant governing body. In addition, the application must contain the
				following information and documentation, as applicable:
(1) the name, physical address, mailing
				address, and telephone number for each of the following involved in the
				designation of qualified businesses as readjustment projects, including:
(A) the applicant governing body, applicant
				governing body's representative, and its designated readjustment zone
				liaison;
(B) the qualified
				business, qualified business's representative; and
(C) if any, the administrative authority, the
				administrative authority's representative.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.6 - Filing Requirements for Applications and Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Form. Readjustment zones and readjustment
				zone projects.
(1) An application must be
				filed on letter-sized paper and must contain all information and documentation
				required under the Act and this chapter, as applicable. The application must be
				submitted in a three-ring loose-leaf binder. Each application for designation
				as a readjustment zone, for readjustment zone boundary amendments, or for a
				readjustment project must be typed directly on the form provided by the Office
				and must include all applicable attachments as specified in the
				application.
(2) Certifications or
				refunds. An application to request refunds, credits, tax reductions, or
				certification of new permanent jobs created or jobs that have been retained, or
				other state benefits encouraged under the Act, as appropriate, must be made to
				the Office in writing on the appropriate forms provided by the Office or the
				Comptroller of Public Accounts.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.7 - Requirements for Designation of Readjustment Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may not designate a nominated
				qualified business as a readjustment project unless it determines that:
(1) the business meets the requirements set
				forth in the Act, §2310.301, and this chapter;
(2) the qualified business is located in or
				has made substantial commitment to locate in a readjustment zone;
(3) the project demonstrates viability as
				determined by the Office;
(4) the
				applicant's governing body or bodies have demonstrated that a high level of
				cooperation between public, private, and neighborhood entities exists in the
				zone; and
(5) the designation of
				the qualified business as a readjustment project will contribute significantly
				to the achievement of the plans of the applicant for development and
				revitalization of the zone.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.8 - Approval Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Final approval
				standards for designation of readjustment zones. Within ten business days of
				final approval of the designation of a zone by the executive director, the
				staff shall present the negotiated agreement to the governing body or bodies of
				the applicant. Such agreement must include designation of the zone and the
				administrative authority, if any, and its function and duties and any other
				information required under the Act and this chapter. The Office shall complete
				the negotiations and sign the agreements in accordance with the Act,
				§2310.107.
(b) Period for
				which designation is in effect.
(1) An area
				may be designated as an readjustment zone for a maximum period of seven years.
				Any designation of an area as a readjustment zone shall remain in effect during
				the period beginning on the date of the designation and ending on the earliest
				of:
(A) September 1 of the seventh calendar
				year following the calendar year in which such date ending the readjustment
				zone designation occurs; or
(B)
				following a public hearing, the date the Office removes the designation of zone
				for the following reason:
(i) the area no
				longer qualifies for designation as an readjustment zone as set forth in the
				Act, §2310.102, or this chapter; or
(ii) the Office determines that the governing
				body has not complied with commitments made in the ordinance or order
				nominating the area as a readjustment zone.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 175 - DEFENSE ECONOMIC READJUSTMENT ZONES › Section 175.9 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing
				body of a readjustment zone shall report to the Office annually, according to
				the requirements of the Act, §2310.204, on a form required by the Office.
				If such report is not received by the deadline, the Office may, following a
				public hearing, consider termination of the designation of the readjustment
				zone.
(b) The information in the
				report will be used by the Office to compile an annual report to the governor,
				legislature, and the legislative budget board by December 1 of each year as
				required by the Act, §2310.052.
(c) The applicant shall furnish additional
				information, reports, or statements as the Office may from time to time request
				in connection with the Act and this chapter.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 176 - ENTERPRISE ZONE PROGRAM › Section 176.2 - Participation in the Program

Current through Reg. 49, No. 28; July 12, 2024
Participation. A local government wishing to participate in
				  the program must submit to the Bank the following:
(1) A copy of all public hearing notices with
				regard to all public hearings held in conjunction with the nomination of the
				proposed enterprise project. Three notices must occur at least seven days prior
				to each public hearing. Required elements for the postings are the date, time
				and location of the public hearing, the name and address of the proposed
				project, the designation being sought and notice that tax incentives will be
				considered, if applicable. The three notices are in the form of a:
(A) public posting at city hall or county
				courthouse, as applicable;
(B)
				notice in a newspaper of general circulation for the area; and
(C) written notice to the Bank.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 176 - ENTERPRISE ZONE PROGRAM › Section 176.3 - Qualification for Designation of Enterprise Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The Bank may not designate a nominated
				qualified business as an enterprise project unless it determines that:
(1) the business meets the requirements set
				forth in the Act, §2303.402, and this chapter;
(2) the qualified business is located in, or
				has made substantial commitment to locate in an enterprise zone or at a
				qualified business site;
(3) the
				applicant's governing body has not reached the maximum number of designation
				allowed during the biennium;
(4)
				the applicant's governing body has demonstrated that a high level of
				cooperation exists between public and private entities;
(5) the designation of the qualified business
				as an enterprise project will contribute significantly to the achievement of
				the plans of the applicant for development and revitalization of the
				area;
(6) the designation of the
				qualified business as an enterprise project will further the public purposes of
				the Act and significantly benefit the goals of the program which include, but
				are not limited to, high impact projects or activities, targeted industry
				clusters and creation of primary jobs; and
(7) the applicant's governing body is in
				compliance with the Act.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 176 - ENTERPRISE ZONE PROGRAM › Section 176.5 - Monitoring and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Annual reports and certifications.
(1)
				Governing Body Annual Report. Each municipality or county that participates in
				the program must submit an annual report to the Bank on or before October 1 of
				each year. The report must be in a form prescribed by the Bank and contain the
				information listed in the Act, §2303.205(c). If this report is not
				received by October 1, the Bank may not designate any additional enterprise
				projects in the governing body's jurisdiction until such report is
				received.
(2) Comptroller Annual
				Report. No later than October 1 of each year, the Comptroller shall report to
				the Bank the statewide total of actual jobs created, actual jobs retained and
				the tax refunds and credits made under this section during the previous fiscal
				year as required by the Act.
(3)
				Program Annual Report. The information in the governing body annual report, as
				well as the Comptroller annual report will be used by the Bank to compile an
				annual report on the program to the governor, legislature and the Legislative
				Budget Board by January 1 as required by the Act.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.1 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The rules in this chapter apply to the Product Development
				  and Small Business Incubator Fund established by Article XVI, Section 71, of
				  the Texas Constitution and by Government Code, Chapter 489, Subchapter
				  D.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this chapter, shall have the following meanings, unless the context clearly
				indicates otherwise.
(1) Applicant--means any
				individual, partnership, corporation or any other private entity, whether
				organized for profit, or a city, county, district, or any other political
				subdivision, public entity, quasi-governmental entity, or agency of the state
				or federal government that applies for funding under the program.
(2) Bank--means the Texas Economic
				Development Bank established under Texas Government Code, Chapter
				489.
(3) Board--means the Product
				Development and Small Business Incubator Board.
(4) Financing--unless otherwise defined by
				Texas Government Code, Subchapter D, means a loan, loan guarantee, or equity
				investment from the product fund to a person for use in the development and
				production of a product in this state, or a grant, loan, or loan guarantee from
				the small business fund to a person for use in the development of a small
				business in this state.
(5)
				Office--means the Economic Development and Tourism Office in the Office of the
				Governor
(6) Product--unless
				otherwise defined by Texas Government Code, Subchapter D, includes an
				invention, device, technique, or process, without regard to whether a patent
				has been or could be granted, that has advanced beyond the theoretical stage
				and has or is readily capable of having a commercial application. The term does
				not include pure research (basic research).
(7) Product fund--means the Texas product
				development fund.
(8)
				Program--means the product development program or the small business incubator
				program.
(9) Small business
				fund--means the Texas small business incubator fund.
(10) Unit--means the State of
				Texas.
(11) User--means any
				individual, partnership, corporation, or any other private entity, whether
				organized for profit, or a city, county, district, or any other political
				subdivision, public entity, quasi-governmental entity, or agency of the state
				or federal government that has been approved for financing under the
				program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.3 - Procedures of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Officers.
(1) The board chair shall be appointed by the
				Governor.
(A) The chair shall have the duty to
				generally direct, supervise, or control the business of the board and shall
				exercise supervisory duties as may be required or given her by the board from
				time to time.
(B) The chair is
				hereby authorized to represent, both verbally and in written communications,
				the official position of the board and the department on issues concerning the
				fund.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.4 - Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) Use of product development bond proceeds.
				The proceeds of the product development bonds may be used:
(1) to fund reasonably required reserve
				accounts.
(2) to pay costs incurred
				in issuing the bonds; and
(3) to
				either:
(A) fund loans made by the bank to an
				applicant to provide financing to aid in the development and production,
				including the commercialization, of new or improved products in this state;
				or
(B) refund or redeem all or part
				of any outstanding bonds.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.5 - Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) Term of loan. The following requirements
				regarding the maximum term of a loan apply to any loan made under the program.
(1) Real property. The maximum term of a loan
				to finance real property may not exceed 20 years.
(2) Tangible personal property. The maximum
				terms of a loan to finance tangible personal property may not exceed 15
				years.
(3) Other loans. The maximum
				term of a loan shall have a maturity satisfactory to the board and any
				third-party guarantor or insurer.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.6 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for financing from the fund, an
				applicant shall submit to the bank:
(1) an
				application for financing on a form prescribed by the bank; and
(2) an application fee as prescribed by the
				bank, payable to the Office of the Governor, Texas Economic Development
				Bank.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.7 - Monitoring and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				user under the program will be required to meet reporting and compliance
				requirements, as set out in the agreement between the user and the bank,
				including, but not limited to:
(1) annual
				submission of audited fiscal year end financial statements;
(2) annual update, including but not limited
				to efforts and progress toward commercialization;
(3) the use of money distributed through
				either fund;
(4) notification
				within 10 days of a user's name change or any other non-material change in the
				user's product or business;
(5)
				notification in advance of any anticipated material change to the user's
				product or business; and
(6)
				notification within five days of any material change to the user's product or
				business.
(7) In the event of a
				name change, sale, or assumption, or similar change, notification to the bank
				must include a copy of the certificate of amendment to the articles of
				incorporation, and/or the d/b/a statement under which the user operates, filed
				with the Texas Secretary of State, as applicable.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 177 - PRODUCT DEVELOPMENT AND SMALL BUSINESS INCUBATOR FUND › Section 177.8 - Loan Agreements

Current through Reg. 49, No. 28; July 12, 2024
Before providing financing to a person, the bank will enter
				  into an agreement with the person that will set forth the terms and conditions
				  of the loan. The agreement must ensure the proper use of funds and will
				  include, but is not limited to, provisions for collateral to secure the loan,
				  reporting requirements, and repayments.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 178 - SINGLE UNIFIED PROJECTS › Section 178.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority.
				Pursuant to the authority granted by the Texas Economic Development Act, Texas
				Tax Code, Title 3, §
									RSA 313.024,
				the Economic Development and Tourism Office in the Office of the Governor
				prescribes the following chapter regarding the application, administration, and
				procedure for determining whether projects constitute a Single Unified Project.
(b) Purpose. It is the purpose of
				this chapter to set forth a procedure by which qualifying jobs located in one
				school district may be counted as qualifying jobs in another, as provided for
				in the Texas Economic Development Act, by determining that one or more projects
				constitute a Single Unified Project.
(c) The Single Unified Project designation
				will only be used for the purpose of counting qualified jobs and is not
				intended to allow the combination of project investments to meet statutorily
				defined minimums.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 178 - SINGLE UNIFIED PROJECTS › Section 178.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Act" means the Texas Economic
				Development Act, Texas Tax Code, Title 3, Chapter 313 as amended.
(b) "Single Unified Project" means a project:
(1) consisting of a site or a collection of
				sites located in contiguous school districts;
(2) comprised of separate investments that
				are subject to two or more Chapter 313 Appraised Value Limitation Agreements;
(3) sufficiently integrated to
				contribute to the delivery of the same product or service;
(4) whose qualifying investments are made and
				managed by members of the same controlled group; and
(5) that has been issued a Single Unified
				Project Certificate by the Office.