reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.136 - Primary Procedure Upon County Chair Request or Failure to Comply with Certain Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) The state chair
				  may, with the consent of the secretary of state and the county executive
				  committee, if one exists for the county, accept money into the state primary
				  fund on behalf of a county party. The state chair must keep records to track
				  the money that is attributable to a county.
(b) The state chair of a party, or the state
				  chair's designee, may submit cost reports prescribed under this chapter on
				  behalf of a county chair if the county chair:
(1) requests the state chair to submit the
				  statement on the county chair's behalf; or
(2) fails to submit the statement by the
				  deadline.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.146 - Applicability of Other Rules

Current through Reg. 49, No. 28; July 12, 2024
Except for areas of conflict, the general-primary-finance
					 rules of Subchapter F of this chapter (relating to Primary Elections) apply to
					 the conduct of joint primaries.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.147 - County Election Officer to Conduct Joint Primary

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										RSA
				  172.126(a) of the Texas
				  Election Code, the county election officer shall supervise the overall conduct
				  of joint primary elections.
(b) The
				  county election officer is responsible for:
(1) appointing election judges and
				  clerks;
(2) determining the ballot
				  format and type of voting system for each precinct; and
(3) procuring election equipment and
				  supplies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.148 - Appointment of Various Election Officials

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of the lists of names of
				  election judges and clerks from each county chair not later than the second
				  Monday in December, the county election officer shall select co-judges,
				  co-alternate judges, and appoint clerks (if applicable) for each precinct.
				  (These selections are made in accordance with §
										RSA
				  172.126(c) of the Texas
				  Election Code and §
										RSA
				  81.152 of this title (relating to Estimating
				  Voter Turnout for Joint Primaries).)
(b) The county election officer shall
				  determine the total number of election workers required and select from the
				  party chairs' lists the individuals to be appointed as co-judges, members of
				  the early voting ballot board, and presiding judge and clerks of central
				  counting station. The county election officer shall ensure party balance in
				  these selections.
(c) If the total
				  number of individuals (presiding judge plus election clerks) serving on the
				  early voting ballot board or at the central counting station is an odd number,
				  the county election officer shall appoint an additional member from the party
				  whose candidate for governor received the highest number of votes in the county
				  in the most recent gubernatorial general election.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.149 - Number of Election Workers per Joint Polling Place

Current through Reg. 49, No. 28; July 12, 2024
(a) The county election officer shall use the
				  table set out in the following figure, to determine the number of election
				  workers allowable for each joint polling place.
(b) Each polling place shall have no less
				  than one co-judge from each party and one clerk from each party.
(c) If the total number of workers is an odd
				  number, the county election officer shall appoint an additional worker from the
				  list of the party whose candidate for governor received the highest number of
				  votes in the precinct in the most recent gubernatorial general election. (If
				  precincts have been consolidated or combined for the joint primary, then the
				  highest number of votes is determined by adding together the votes from the
				  consolidated or combined precincts.)
Attached
					 Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.150 - Qualifications of Co-Judges and Alternates Co-Judges

Current through Reg. 49, No. 28; July 12, 2024
The presiding co-judge and alternate co-judge must be a
					 qualified voter of a precinct that is included in the consolidated or combined
					 precincts in which they are serving.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.151 - Authority of Co-Judge for Joint Primary Polling Places, Joint Primary Central Counting Station, and Joint Primary Early Voting Ballot Board

Current through Reg. 49, No. 28; July 12, 2024
(a) A co-judge may only process provisional
				  voters from the judge's own party. (This applies to the provisional process at
				  the polling place.)
(b) A co-judge
				  may only determine a voter's intent on an irregularly marked ballot cast by a
				  voter from the co-judge's own party. (This limitation applies to individuals
				  serving in a co-judge capacity at the polling place, early-voting-ballot board,
				  or central counting station.)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.152 - Estimating Voter Turnout for Joint Primaries

Current through Reg. 49, No. 28; July 12, 2024
(a) Each county chair shall estimate voter
				  turnout for each precinct using the formula set out in the following figure.
Attached Graphic
(b) The county election officer
				  shall combine the turnout estimates provided by each party chair for each
				  joint-primary precinct.
(c) The
				  county election officer shall enter this information in Section B of the Joint
				  Primary Resolution.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.153 - Delivery of Election Records and Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a) In joint precincts using an electronic
				  voting system in which only one ballot box or only one voting unit is used, the
				  co-judge from the party whose candidate for governor received the highest
				  number of votes in the precinct or consolidated precinct in the most recent
				  gubernatorial general election shall deliver the election supplies, including
				  the voting unit containing the vote totals. (Note: A county election officer
				  may use separate ballot boxes for each party when using electronic voting
				  systems, if applicable.)
(b) The
				  co-judge of the party whose candidate for governor received the highest number
				  of votes in the precinct or consolidated precinct in the most recent
				  gubernatorial general election may designate the other co-judge or a clerk to
				  deliver the ballot box and/or device containing the vote totals.
(c) In a jurisdiction using paper ballots,
				  each co-judge shall deliver their party's ballot box and election
				  returns.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.154 - Ballots for Joint Primary Elections

Current through Reg. 49, No. 28; July 12, 2024
The county election officer shall prepare ballots in a
					 joint primary so that each party's ballots are easily distinguishable. The
					 county election officer may use different colors of paper in order to achieve
					 this distinction. (Note: Yellow paper may not be used. Only sample ballots may
					 be printed on yellow paper.)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.155 - Returning Surplus Funds

Current through Reg. 49, No. 28; July 12, 2024
Following final payment of necessary expenses for
					 conducting the joint primary elections, not later than August 31 of the year in
					 which the primary elections occur, and upon the SOS approval of all final
					 costs, , surplus primary funds shall be remitted to the SOS. If a final cost
					 report is not filed with the SOS, the matter may be reported to the Attorney
					 General's Office in accordance with §
										RSA 81.113
					 of this chapter (relating to Misuse of State Funds).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.156 - Liability of County Election Officer

Current through Reg. 49, No. 28; July 12, 2024
The county election officer is not liable, in his or her
					 official or individual capacity, for debts related to the conduct of a joint
					 primary incurred by the county executive committee or county chairs resulting
					 from an insufficient legislative appropriation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter G - JOINT PRIMARY ELECTIONS › Section 81.157 - Joint-Primary Contract with the County Election Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) If a joint primary is approved, the
				  county election officer shall supervise the primary and runoff elections, as
				  applicable, in accordance with §
										RSA
				  172.126 of the Texas Election Code.
(b) The county chair of each political party
				  and election officer shall enter into an election services contract.
(c) The rules set forth in §
										RSA
				  81.131 of this chapter (relating to
				  Contracting with the County Election Officer) apply to the contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter H - SURPLUS ELECTION CONTRACT FUNDS › Section 81.161 - Disbursement of Surplus Funds from Election Service Contracts under the Texas Election Code, Section

Current through Reg. 49, No. 28; July 12, 2024
(a) The Election Code,
				  §
										RSA
				  31.100(g), states that the
				  commissioners court may not consider the availability of the election services
				  contract fund in adopting the budget for the office of the county election
				  officer. Pursuant to the above section, surplus election contract funds may not
				  be used to fund the day to day operation of the office of the county election
				  officer. Examples of day to day expenses include, but are not limited to,
				  duties required by statute, such as the necessary administrative personnel,
				  office space and equipment, ballots, election kits, poll lists, and early
				  voting and election day workers.
(b) The Election Code, §
										RSA
				  31.100(f), requires that a
				  surplus in the county election services contract fund may be used only to
				  defray expenses of the county election officer's office in connection with
				  election-related duties or functions. Examples of expense that may be paid with
				  surplus contract funds include, but are not limited to, any duty which is
				  election-related but not specifically required by statute, such as polling
				  location mailouts, travel to election seminars, purchase of voting equipment
				  changes or upgrades, and technology upgrades for the election office
				  (computers).
(c) If the county
				  election officer determines that a funding request qualifies under subsection
				  (b) of this section and should be paid from surplus election service contract
				  funds, said request shall be made in writing to the county commissioners court.
				  The commissioners court shall handle the county election officer's request
				  following normal county purchasing policies and guidelines and may either
				  approve or deny the request. In no instance may the commissioners court approve
				  the use of surplus election contract funds without the written approval of the
				  county election officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.171 - Administrative Complaint Procedures for Violations of Title III of the Help America Vote Act of 2002

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. In
				  this section:
(1) "HAVA" means the federal
				  Help America Vote Act.
(2) "Party
				  or Parties" means the person making the complaint and any political
				  subdivisions, officer-holders, or individuals against whom the complaint is
				  being alleged.
(3) "Secretary of
				  State" means the currently appointed Secretary of State or his or her
				  designee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.172 - Eligibility to Vote a Provisional Ballot at the Early Voting or the Election Day Polling Place

Current through Reg. 49, No. 28; July 12, 2024
(a) At all elections,
				  the following individuals shall be eligible to cast a provisional ballot.
(1) A voter who does not provide an
				  acceptable form of identification described by §
											RSA
				  63.0101 of the Texas Election Code (the
				  "Code"), regardless of whether the voter presents a valid voter registration
				  certificate.
(2) A voter whose name
				  on the acceptable form of identification is determined by the polling place
				  official to not exactly match or be substantially similar to the name as it
				  appears on the official list of registered voters.
(3) A voter whose identity cannot be verified
				  by the identification presented by the voter, as determined by the polling
				  place official per §63.001(d) of the Code.
(4) A voter who has received a disability
				  exemption under §13.002(i) of the Code, but does not have or otherwise
				  fails to present the voter's voter registration certificate indicating such
				  exemption.
(5) Under §63.009
				  of the Code, a voter who claims to be properly registered and eligible to vote
				  at the election precinct where the voter presents himself or herself to vote,
				  but the voter's name does not appear on the precinct list of registered voters
				  and the voter does not present a voter registration certificate indicating that
				  the voter is currently registered (as described in §63.006 of the
				  Code).
(6) A voter who has applied
				  for a ballot by mail, but has not yet properly cancelled the mail ballot
				  application.
(7) A voter who votes
				  during the polling hours that are extended by a state or federal court as
				  described in §63.011(e) of the Code.
(8) A voter who is registered to vote but
				  attempting to vote in a precinct other than the one in which the voter is
				  registered.
(9) A voter who is on
				  the election precinct list of registered voters, but whose registered residence
				  address is outside the political subdivision in which the voter is presenting
				  himself or herself to vote.
(10)
				  Other _________________(with an explanation).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.173 - Provisional Voting Procedures at the Polling Place

Current through Reg. 49, No. 28; July 12, 2024
(a) Polling Place Preparation.
(1) If using optical scan or regular paper
				  ballots, the election judge shall set aside a sufficient number of regular
				  ballots from the supply of official ballots and write or stamp "provisional" on
				  the back of the ballot (referred to as "provisional ballots").
(2) The election judge shall keep the
				  provisional ballots separate from the regular ballots.
(3) Provisional ballots may be cast
				  electronically on a Direct Record Electronic (DRE) voting system if:
(A) the system is one approved by the
				  Secretary of State under Chapter 122 of the Code;
(B) the system is adopted by the governing
				  body of the political subdivision under §123.001 of the Code;
(C) the system segregates provisional votes
				  from regularly-cast votes on the precinct returns; and
(D) the system provides a method for the cast
				  provisional ballots to be accepted and added to the election results by the
				  Early Voting Ballot Board or central counting station personnel, as
				  applicable.
(4) The
				  election judge shall prepare the DRE voting system for provisional voting in
				  accordance with instructions provided by the general custodian of election
				  records, which may include the instructions of the vendor of the
				  system.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.175 - Eligibility to Vote a Provisional Ballot at the Early Voting or the Election Day Polling Place

Current through Reg. 49, No. 28; July 12, 2024
(a) Deadline to
				  Complete Review.
(1) Except as provided in
				  paragraph (2) of this subsection, the voter registrar shall complete the review
				  of the Provisional Ballot Affidavit Envelopes no later than the sixth calendar
				  day after election day.
(2) For an
				  election held on the date of the general election for state and county
				  officers, the voter registrar shall complete the review of the Provisional
				  Ballot Affidavit Envelopes no later than the seventh calendar day after
				  election day.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter I - IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002 › Section 81.176 - Early Voting Ballot Board Provisional Ballot Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Early Voting Ballot Board defined for
				  purposes of provisional ballot review. The authority appointing the Early
				  Voting Ballot Board may determine which members of the board will review and
				  count the provisional ballots. The entire Early Voting Ballot Board is not
				  required to be present. A minimum of three members of the board is required to
				  conduct the review.
(b) Delivery of
				  Ballots to the Early Voting Ballot Board.
(1)
				  The presiding judge of the Early Voting Ballot Board shall take receipt of the
				  Provisional Ballot Affidavit Envelopes from the voter registrar directly or via
				  the general custodian of election records at a time and place to be determined
				  by the presiding judge.
(2) The
				  voter registrar may review and transfer Provisional Ballot Affidavit Envelopes
				  to the presiding judge of the Early Voting Ballot Board on a rolling basis. The
				  voter registrar and presiding judge of the Early Voting Ballot Board must
				  coordinate transfer times.
(3) The
				  time of delivery may in no event be later than the time the Early Voting Ballot
				  Board convenes on the seventh day after election day to count provisional
				  ballots pursuant to §65.051(a) of the Code.
(4) The presiding judge of the Early Voting
				  Ballot Board may convene the board as soon as practicable after the voter
				  registrar has begun delivery of the applicable provisional ballots.
(5) The judge must post a notice on the
				  bulletin board used for posting notices of meetings of the governing body
				  ordering the election no later than 24 hours before the board is scheduled to
				  meet. The board may also convene while the voter registrar continues the
				  review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter J - VOTER EDUCATION › Section 81.301 - Ordered Student Mock Elections

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state shall prescribe any procedures
					 necessary to implement this section and ensure that the conduct of a student
					 mock election does not affect the proper and efficient conduct of a general,
					 special, or primary election.
(1) A
				  student mock election may be ordered by:
(A)
				  the commissioners court, for a student mock election held in conjunction with
				  an election ordered by the governor or a county authority;
(B) the governing body of a political
				  subdivision, for a student mock election held in conjunction with an election
				  of the political subdivision;
(C)
				  the county executive committee, for a student mock election held in conjunction
				  with a primary election.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter K - IMPLEMENTATION OF THE NATIONAL VOTER REGISTRATION ACT › Section 81.402 - Agency Based Registration and Review of Citizenship

Current through Reg. 49, No. 28; July 12, 2024
(a) Only voter registration agencies which
				  require clients to update citizenship status at each renewal of service, change
				  of address, or other contact may use the updated file information on
				  citizenship to make determinations of eligibility under the Texas Election Code
				  (the "Code"), §20.006(b).
(b)
				  "Voter Registration Agency" refers to those state and local agencies defined in
				  the Code, §20.001.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter L - ELECTRONIC STORAGE MEDIUM STANDARDS › Section 81.412 - Optional Storage Method

Current through Reg. 49, No. 28; July 12, 2024
A voter registrar who records voter registration data for
					 storage purposes on optical disk or other computer storage medium, shall follow
					 the procedures for such storage as set forth in the rules of the Texas State
					 Library and Archives Commission under Title 13 Texas Administrative Code,
					 Chapter 7, Subchapter C, concerning Standards and Procedures for Management of
					 Electronic Records. This rule is authorized and is pursuant to Chapter 205 of
					 the Texas Local Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter M - IMPLEMENTATION OF THE MILITARY AND OVERSEAS VOTER EMPOWERMENT ACT › Section 81.420 - Modifications of Election Dates and Procedures under Senate Bill 100 and the MOVE Act

Current through Reg. 49, No. 28; July 12, 2024
The Office of Secretary of State issues the following
					 clarifications and adjustments to election procedures and deadlines pursuant to
					 Act of May 31, 2011, 82nd Leg., R.S., Chapter 1318, §50.
(1) Notwithstanding § 41.001(c), Texas
				  Election Code, upon the approval of the Office of the Secretary of State, a
				  runoff election under §2.025 may be ordered no earlier than twenty (20)
				  days after the runoff primary held the fourth Tuesday in May under
				  §41.007(b).
(2)
				  Notwithstanding § 202.006(a), Texas Election Code, if a vacancy in an
				  office of the state or county government occurs after the 5th day before the
				  date of the regular primary filing deadline, the political party's state,
				  district, county or precinct executive committee, as appropriate, may nominate
				  a candidate for the unexpired term.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter A - GENERAL PROVISIONS › Section 83.1 - Partnership Agreement May Be Filed

Current through Reg. 49, No. 28; July 12, 2024
A partnership agreement may be filed as a certificate of
					 formation, if it meets the requirements for filing a certificate of formation
					 under §§
										RSA
					 3.005,
					 RSA
					 3.011 of the Texas Business Organizations
					 Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter A - GENERAL PROVISIONS › Section 83.3 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state will not reject the filing of a
					 certificate of formation or an application for registration by a limited
					 partnership that identifies as one of its general partners an unqualified
					 foreign filing entity. Acceptance of the document does not constitute a
					 determination by the secretary of state that the foreign corporation or limited
					 liability company identified as a general partner has substantially complied
					 with the statutes governing that type of entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter B - PERIODIC REPORTS › Section 83.21 - Content

Current through Reg. 49, No. 28; July 12, 2024
(a) The periodic report required by the
				  secretary of state under §
										RSA
				  153.301 of the Texas Business Organizations
				  Code includes information on the registered agent and office, principal office,
				  and the names and addresses of the general partners of the partnership. To the
				  extent possible, the secretary of state will print the information previously
				  recorded by the partnership and request the partnership to mark changes to the
				  preprinted information. Changes to the name of the registered agent and changes
				  to the registered office address, principal office address, and the address of
				  a general partner will be recorded in the secretary of state's
				  database.
(b) Changes to the name
				  of the partnership or to the names of general partners cannot be effected
				  through the filing of the periodic report. Although a periodic report which
				  purports to change the name of the limited partnership or that makes changes,
				  additions, and deletions to the names of general partners will be filed by the
				  secretary of state, the secretary of state will not update the record of the
				  limited partnership to evidence the change of name or change in partners. In
				  order to change the name of the partnership or change, add, or delete the name
				  of a general partner, the partnership must file a certificate of amendment to
				  the certificate of formation or application for registration pursuant to
				  §§3.051 - 3.053, 9.009 of the Texas Business Organizations Code, as
				  applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter B - PERIODIC REPORTS › Section 83.22 - Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) Notices relating to the filing of a
				  periodic report of a limited partnership under §
										RSA
				  153.305 of the Texas Business Organizations
				  Code shall be sent to the registered office address of record with the
				  secretary of state, or in the case of a limited partnership which does not
				  indicate a registered office address, to the last known address or place of
				  business of the limited partnership as it appears on record with the secretary
				  of state.
(b) Notices relating to
				  the forfeiture of right to do business under §
										RSA
				  153.308 of the Texas Business Organizations
				  Code shall be sent to the same address specified for the original report,
				  notwithstanding receipt of evidence by the secretary of state that the address
				  specified was an insufficient address or that the mailing of the notice was
				  undeliverable.
(c) The failure of
				  the limited partnership to receive the notices referenced in subsections (a)
				  and (b) of this section does not relieve the limited partnership of the need to
				  file the periodic report pursuant to §
										RSA
				  153.301 of the Texas Business Organizations
				  Code or extend the time within which the report must be filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter B - PERIODIC REPORTS › Section 83.23 - Forfeiture of Right To Transact Business

Current through Reg. 49, No. 28; July 12, 2024
A limited partnership that fails to file the periodic
					 report required under §
										RSA
					 153.301 of the Texas Business Organizations
					 Code within 30 days from the date that the report is sent by the secretary of
					 state will forfeit its right to transact business in Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 83 - LIMITED PARTNERSHIPS › Subchapter B - PERIODIC REPORTS › Section 83.24 - Voluntary Submission of a Periodic Report

Current through Reg. 49, No. 28; July 12, 2024
A limited partnership may submit for filing by the
					 secretary of state a periodic report under §
										RSA
					 153.301 of the Texas Business Organizations
					 Code when not required to do so by the secretary of state. The voluntary
					 submission of a report under this section does not relieve the limited
					 partnership of the need to file the periodic report or extend the time within
					 which the report must be filed when the report is specifically required from
					 the limited partnership by the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter A - NOTARY PUBLIC QUALIFICATIONS › Section 87.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms defined in the Texas Government Code,
					 Chapter 406, shall have the same meaning in this chapter. For the purposes of
					 this chapter the following words and terms shall have the following meanings,
					 unless the context clearly indicates otherwise.
(1) Credential means a valid, unexpired
				  identification card or other document issued by the federal government or any
				  state government, as defined by § 311.05 of the Government Code, that
				  contains the photograph and signature of the principal. With respect to a deed
				  or other instrument relating to a residential real estate transaction,
				  credential also includes a current passport issued by a foreign
				  country.
(2) Credential Analysis
				  means the process which complies with Subchapter H of this chapter by which the
				  validity of a government-issued identification credential is affirmed by a
				  third party through review of public and proprietary data sources.
(3) Digital Certificate means a
				  computer-based record or electronic file issued to a notary public or applicant
				  for appointment as a notary public for the purpose of creating an official
				  electronic signature. The digital certificate shall be kept in the exclusive
				  control of the notary public.
(4)
				  Identity Proofing means the process which complies with Subchapter H of this
				  chapter by which the identity of an individual is affirmed by a third party
				  through review of public and proprietary data sources.
(5) Online Notary Public means an individual
				  commissioned by the secretary of state as an online notary. An online notary
				  has authority:
(A) as a traditional notary
				  public; and
(B) to perform an
				  online notarization as provided by Subchapter C, Chapter 406 of the Government
				  Code and this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter A - NOTARY PUBLIC QUALIFICATIONS › Section 87.2 - Application for Commission as a Traditional Notary Public

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of state appoints notaries
				  public under the provisions of article IV, §26 of the Texas Constitution
				  and Chapter 406, Government Code.
(b) An individual applying for a traditional
				  notary public commission shall use the application form prescribed by the
				  secretary of state. The application shall include:
(1) the applicant's name to be used in acting
				  as a traditional notary public;
(2)
				  the applicant's mailing address;
(3) the applicant's county of
				  residence;
(4) the applicant's date
				  of birth;
(5) the applicant's
				  driver's license number or the number of other official state-issued
				  identification; and
(6) the
				  applicant's social security number.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter A - NOTARY PUBLIC QUALIFICATIONS › Section 87.3 - Electronic Submission of Traditional Notary Public Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of state has developed a
				  system for electronic submission of the application for a traditional notary
				  public commission, the bond required under § 406.010 of the Government
				  Code, and the statement of officer. The secretary of state authorizes the
				  submission of these documents electronically on behalf of a traditional notary
				  public under the following terms and conditions:
(1) the submitter must comply with the
				  technical specifications contained in the eNotary Web Service Consumer's Guide
				  available through the Information Technology Division of the Office of the
				  Secretary of State;
(2) the
				  traditional notary public application and the statement of officer signed by
				  the applicant and the surety bond signed by an officer or attorney-in-fact for
				  the surety must be attached to the electronic submission as an image in the
				  format specified in the eNotary Web Service Consumer's Guide; and
(3) all fees must be paid by prepaid account,
				  LegalEase® or credit card.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter A - NOTARY PUBLIC QUALIFICATIONS › Section 87.4 - Submission of Online Notary Public Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual applying for an online
				  notary public commission shall use the electronic submission platform developed
				  by the secretary of state.
(b) The
				  application shall include:
(1) the
				  applicant's name to be used in acting as an online notary public, which shall
				  match the name on the applicant's traditional notary public
				  commission;
(2) the applicant's
				  email address;
(3) the applicant's
				  digital certificate;
(4) a copy of
				  applicant's electronic seal in an acceptable file format;
(5) the applicant's notary public
				  identification number, as assigned by the secretary of state;
(6) an executed statement of officer, as
				  required by article XVI, §1 of the Texas Constitution; and
(7) a statement certifying that the
				  applicant:
(A) will comply with the standards
				  set forth in this chapter relating to identity proofing and credential
				  analysis;
(B) will use a third
				  party provider who has provided the notary with evidence of its ability to
				  provide an electronic technology standard that utilizes Public Key
				  Infrastructure (PKI) technology from a PKI service provider that is X.509
				  compliant when attaching or logically associating the notary's electronic seal
				  and digital certificate to an electronic document;
(C) will, upon request by the secretary of
				  state, promptly provide any necessary instructions or techniques supplied by a
				  vendor that allow the online notary public's digital certificate and seal to be
				  read and authenticated; and
(D) is
				  at least 18 years of age, a resident of the State of Texas, and has not been
				  convicted of a felony or a crime involving moral turpitude.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.10 - Eligibility to Hold the Office of Notary Public

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the provision in subsection
				  (b) of this section and §
										RSA
				  87.12 of this title (relating to
				  Qualification by an Escrow Officer Residing in an Adjacent State), a person is
				  eligible to be a notary public if the person is 18 years of age or older and a
				  resident of Texas.
(b) A person is
				  not eligible to be a notary public if the person was convicted of a crime
				  involving moral turpitude or a felony and the conviction has become final, has
				  not been set aside, and no pardon or certificate of restoration of citizenship
				  rights has been granted.
(c) A
				  crime involving moral turpitude includes the commission of a crime involving
				  dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral
				  depravity, or that reflects adversely on the applicant's honesty,
				  trustworthiness, or fitness as a notary public, which may include, but not be
				  limited to:
(1) Class A and B type
				  misdemeanors which have not been set aside, or for which no pardon or
				  certificate of restoration of citizenship rights have been granted;
				  and
(2) felony convictions which
				  have not been set aside, or for which no pardon or certificate of restoration
				  of citizenship rights have been granted.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.11 - Eligibility to Be Commissioned as an Online Notary Public

Current through Reg. 49, No. 28; July 12, 2024
In addition to the eligibility requirements in §
										RSA
					 87.10 of this title (relating to Eligibility
					 to Hold the Office of Notary Public), an applicant must hold a commission as a
					 traditional notary public before being eligible for appointment as an online
					 notary public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.12 - Qualification by an Escrow Officer Residing in an Adjacent State

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who is qualified as an
				  escrow officer within the meaning assigned by § 2652.051, Insurance Code,
				  is not required to be a resident of Texas if the applicant is a resident of New
				  Mexico, Oklahoma, Arkansas or Louisiana.
(b) The secretary of state shall commission
				  the applicant if, notwithstanding the residency requirements, the applicant
				  satisfies the conditions of subsection (a) of this section and §
										RSA
				  87.13 and §
										RSA
				  87.14 of this title (relating to Issuance of
				  the Traditional Notary Public Commission by the Secretary of State and Issuance
				  of the Online Notary Public Commission by the Secretary of State).
(c) A notary public, appointed under this
				  section, who ceases to be qualified under this section, must voluntarily
				  surrender the notary public commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.13 - Issuance of the Traditional Notary Public Commission by the Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of
				  state shall issue a traditional notary public commission to a qualified
				  applicant. An applicant is qualified if:
(1)
				  the applicant meets the eligibility requirements stated in §
											RSA
				  87.10 of this title (relating to Eligibility
				  to Hold the Office of Notary Public);
(2) the applicant submits:
(A) a properly completed and executed
				  application;
(B) the bond as
				  provided in § 406.010, Government Code, if required;
(C) the statement of officer required by
				  article XVI, §1 Texas Constitution;
(D) payment to the secretary of state of fees
				  required by § 406.007, Government Code; and
(3) no good cause exists for rejecting the
				  application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.14 - Issuance of the Online Notary Public Commission by the Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of
				  state shall issue an online notary public commission to a qualified applicant.
				  An applicant is qualified if:
(1) the
				  applicant meets the eligibility requirements stated in §
											RSA
				  87.11 of this title (relating to Eligibility
				  to be Commissioned as an Online Notary Public);
(2) the applicant submits:
(A) a properly completed and executed
				  application;
(B) the statement of
				  officer required by article XVI, §1 Texas Constitution;
(C) payment to the secretary of state the
				  application fee of $50; and
(3) no good cause exists for rejecting the
				  application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter B - REJECTION AND REVOCATION › Section 87.15 - Renewal of Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) A notary
				  public seeking to renew either a traditional commission or both a traditional
				  and online commission shall file an application for renewal in the same manner
				  and on the same form as if filing an original application for commission. The
				  secretary of state will accept applications for renewal not sooner than 90 days
				  before the expiration of the notary public's current commission. The renewal
				  must be received by the secretary of state no later than the expiration date of
				  the notary public's current commission.
(b) The secretary of state shall determine
				  eligibility for renewals according to the same standards as initial applicants,
				  in accordance with this chapter and § 406.004, Government Code. The
				  secretary of state is not bound by prior determinations of
				  eligibility.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter C - ADMINISTRATIVE ACTION › Section 87.20 - Qualification by an Officer or Employee of a State Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who is an officer or
				  employee of a state agency is not required to provide a surety bond. For the
				  purpose of this chapter, "state agency" has the meaning assigned by §
				  2052.101, Government Code.
(b) An
				  applicant who is an officer or employee of a state agency and does not provide
				  a surety bond must complete the traditional notary public application entitled
				  "Application for Appointment as a Notary Public Without Bond" (Form
				  2301-NB).
(c) The State Agency
				  employing the applicant must submit the completed application to the State
				  Office of Risk Management.
(d) The
				  State Office of Risk Management shall complete the verification certificate on
				  the application and forward the completed application to the Office of the
				  Secretary of State for processing.
(e) The secretary of state shall commission
				  the applicant if:
(1) the applicant meets the
				  eligibility requirements stated in §
											RSA
				  87.10 of this title (relating to Eligibility
				  to Hold the Office of Notary Public);
(2) the applicant submits:
(A) a properly completed and executed
				  application verified by the State Office of Risk Management;
(B) the statement of officer required by
				  article XVI, §1 Texas Constitution;
(C) the payment of fees required by §
				  406.007(a)(2) and § 406.007(b), Government Code; and
(3) no good cause exists for rejecting the
				  application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter C - ADMINISTRATIVE ACTION › Section 87.21 - Change in Employment Status by an Officer or Employee of a State Agency Who Has Qualified Without a Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) If a notary public who has qualified
				  without a surety bond transfers to another state agency, the agency to which
				  the notary public transfers shall notify the State Office of Risk Management
				  and the Office of the Secretary of State of the transfer.
(b) If a notary public terminates state
				  employment, the notary public shall:
(1)
				  voluntarily surrender the notary public commission;
(2) purchase and provide evidence to the
				  secretary of state of the purchase of a notary public bond for the time period
				  remaining on the notary's current term of office; or
(3) voluntarily surrender the notary public
				  commission and apply for a new term of office, provide a notary public bond,
				  and pay the applicable fees.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter C - ADMINISTRATIVE ACTION › Section 87.22 - Special Requirements for Notaries Without Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) A notary public commissioned as a notary
				  public without bond shall obtain a seal which complies with the requirements of
				  § 406.013, Government Code and §
										RSA 87.44 of this
				  title (relating to Notary Seal) and which contains an additional line reading
				  "Notary without Bond".
(b) A state
				  employee is not prohibited from purchasing a notary bond at personal expense.
				  However, an individual commissioned as a notary without bond shall only
				  notarize documents pursuant to their official state duties.
(c) Agencies shall require notaries without
				  bond to attend a notary training class, either provided internally or
				  externally.
(d) Notaries without
				  bond who notarize documents outside of their official state duties or who fail
				  to use the "Notary without Bond" seal shall be subject to disciplinary action
				  by their respective agencies and such action may constitute good cause under
				  §
										RSA 87.31 of this
				  title (relating to Good Cause).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter D - ADMINISTRATIVE ACTION › Section 87.30 - Rejection of Application and Revocation of Commission

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state shall, for ineligibility or good
					 cause, reject any application, revoke the commission of any notary public, or
					 take other disciplinary action, as outlined in §
										RSA 87.34 of
					 this title (relating to Disciplinary Action), against a notary public as the
					 secretary of state deems appropriate. Rejection, revocation, and suspension
					 proceedings will be held pursuant to the right of notice, hearing, and
					 adjudication as set out in the rules of practice and procedure before the
					 Office of the Secretary of State, the rules of the State Office of
					 Administrative Hearings and the Administrative Procedure Act, Government Code,
					 §§ 2001.001 - 2001.902. Any party to a contested case has the right
					 to be represented by legal counsel. Such action will be subject to the right of
					 appeal to a district court of Travis County.