reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.91 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor asserting a claim of breach of contract under the Government Code,
				  Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the officer
				  of the unit of state government designated in the contract to receive a notice
				  of claim of breach of contract under the Government Code, Chapter 2260; if no
				  person is designated in the contract, the notice shall be delivered to the
				  unit's chief administrative officer; and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.93 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) A unit of
				  state government asserting a counterclaim under the Government Code, Chapter
				  2260, shall file notice of the counterclaim as provided by this
				  section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered by hand,
				  certified mail return receipt requested or other verifiable delivery service to
				  the contractor or representative of the contractor who signed the notice of
				  claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.95 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										RSA 71.97 of this
					 subchapter (relating to Timetable) to attempt to resolve all claims and
					 counterclaims filed under this chapter. No party is obligated to settle with
					 the other party as a result of the negotiation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.97 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  notice of claim, the chief administrative officer of the unit of state
				  government or other designated representative shall review the contractor's
				  claim and the unit's counterclaim, if any, and initiate negotiations with the
				  contractor to attempt to resolve the claim and counterclaim.
(b) Subject to subsection (c) of this
				  section, the parties shall begin negotiations within a reasonable period of
				  time, not to exceed 60 calendar days following the later of:
(1) the date of termination of the
				  contract;
(2) the completion date,
				  or substantial completion date in the case of construction projects, in the
				  original contract; or
(3) the date
				  the unit of state government receives the contractor's notice of
				  claim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.99 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation is
				  a consensual bargaining process in which the parties attempt to resolve a claim
				  and counterclaim. A negotiation under this subchapter may be conducted by any
				  method, technique, or procedure authorized under the contract or agreed upon by
				  the parties. The parties may conduct negotiations with the assistance of one or
				  more neutral third parties. The parties may choose to mediate their dispute in
				  accordance with §§
										RSA 71.111,
				  RSA
				  71.113,
				  RSA
				  71.115,
				  RSA 71.117,
				  RSA
				  71.119,
				  RSA
				  71.121,
				  RSA
				  71.123, and
				  RSA
				  71.125 of this subchapter.
(b) To facilitate meaningful evaluation and
				  negotiation of the claims and any counterclaims, the parties may exchange
				  relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.101 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement and who
					 can credibly recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.103 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by representatives of the
				  contractor and the unit of state government who have authority to bind each
				  respective party.
(c) A partial
				  settlement does not waive a contractor's rights under the Government Code,
				  Chapter 2260, as to the parts of the claim that are not resolved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.105 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorneys' fees, consultant's fees
					 and expert's fees.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.107 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a claim of breach of contract is not resolved in its entirety through
				  negotiation or mediation in accordance with this chapter on or before the 270th
				  day after the unit receives the notice of claim, or after the expiration of any
				  extension agreed to by the parties pursuant to §
										RSA
				  71.97(f) of this subchapter
				  (relating to Timetable), the contractor may file a request with the unit of
				  state government for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the chief administrative officer of the unit of state government within a
				  reasonable time after the 270th day or the expiration of any written extension
				  agreed to pursuant to §
										RSA
				  71.97(f) of this
				  subchapter.
(c) The unit of state
				  government shall forward the contractor's request for contested case hearing to
				  the SOAH within a reasonable period of time, not to exceed thirty days, after
				  receipt of the request.
(d) The
				  parties may agree to submit the case to the SOAH before the 270th day after the
				  notice of claim is received by the unit of state government if they have
				  achieved a partial resolution of the claim or if an impasse has been reached in
				  the negotiations and proceeding to a contested case hearing would serve the
				  interests of justice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.111 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree to mediate a claim through an
					 impartial third party. For purposes of this subchapter, "mediation" is assigned
					 the meaning set forth in the Civil Practice and Remedies Code, §
										RSA
					 154.023. The mediation is subject to the
					 provisions of the Governmental Dispute Resolution Act, Government Code, Chapter
					 2009. The parties may be assisted in the mediation by legal counsel or other
					 individual.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.113 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required
					 under the Civil Practice and Remedies Code, §
										RSA
					 154.052, be subject to the standards and
					 duties prescribed by the Civil Practice and Remedies Code, §
										RSA
					 154.053 and have the qualified immunity
					 prescribed by the Civil Practice and Remedies Code §
										RSA
					 154.055, if applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.115 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this
				  subchapter is confidential in accordance with the Government Code, §
										RSA
				  2009.054.
(b) The confidentiality of a final settlement
				  agreement to which a unit of state government is a signatory that is reached as
				  a result of the mediation is governed by the Public Information Act, Government
				  Code, Chapter 552.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.117 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise in writing, each party
					 shall be responsible for its own costs incurred in connection with a mediation,
					 including without limitation, costs of document reproduction, attorney's fees,
					 consultant fees and expert fees. The cost of the mediator shall be divided
					 equally between the parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.119 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties prior to the mediation shall disclose the
					 parties' settlement approval procedures. To the extent possible, the parties
					 shall select representatives who are knowledgeable about the subject matter of
					 the dispute, who are in a position to reach agreement, and who can credibly
					 recommend approval of an agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.121 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during a mediation shall
					 be signed by representatives of the contractor and the unit of state
					 government, and shall describe any procedures that the parties must follow to
					 obtain final and binding approval of the agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.123 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A final settlement agreement reached during or as a result
					 of a mediation that resolves an entire claim or counterclaim, or any designated
					 and severable portion of a claim or counterclaim, shall comply with §
										RSA 71.103
					 of this subchapter (relating to Settlement Agreement).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.125 - Referral to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve the claim to the satisfaction
					 of the contractor, the contractor may request that the claim be referred to
					 SOAH in accordance with §
										RSA
					 71.107 of this subchapter (relating to
					 Request for Contested Case Hearing.)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Abuse" means any departure from
				reasonable use, such as immoderate or improper use; use contrary to customary
				or accepted practices and protocols; or use which may discredit the state or
				improperly suggest state endorsement or sponsorship.
(b) "Annual gross receipts" means the total
				amount of money or the value of benefits received from the sale of licensed
				products during the calendar year.
(c) "Benefit" means anything reasonably
				regarded as an economic gain or an economic advantage.
(d) "Commercial purpose" means a purpose that
				is intended to result in a profit or other tangible benefit but does not
				include:
(1) official use of the state seal
				or a representation of the state seal in a state function;
(2) use of the state seal or a representation
				of the state seal for a political purpose by an elected official of this
				state;
(3) use of the state seal or
				a representation of the state seal in an encyclopedia, dictionary, book,
				journal, pamphlet, periodical, magazine, or newspaper incident to a description
				or history of seals, coats of arms, heraldry, or this state;
(4) use of the state seal or a representation
				of the state seal in a library, museum, or educational facility incident to
				descriptions or exhibits relating to seals, coats of arms, heraldry, or this
				state;
(5) use of the state seal or
				a representation of the state seal in a theatrical, motion picture, television,
				or similar production for a historical, educational, or newsworthy purpose;
				or
(6) use of the state seal or a
				representation of the state seal for another historical, educational, or
				newsworthy purpose if authorized in writing by the secretary of
				state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.2 - State Seal Defined

Current through Reg. 49, No. 28; July 12, 2024
"State seal" means the state seal, the reverse of the state
				  seal, and the state arms as defined by Article IV, Section 19 of the Texas
				  Constitution and §
									RSA
				  3101.001 and §
									RSA
				  3101.002, Government Code.
(1) The "state seal" is a star of five points
				encircled by olive and live oak branches and the words "The State of Texas."
				The standard design of the state seal is as follows:
Attached
				  Graphic
(2) The
				"reverse of the state seal" is the reverse side of the state seal and contains
				a shield displaying a depiction of the Alamo; the cannon of the Battle of
				Gonzales; and Vince's Bridge.
(A) The shield
				on the reverse side of the state seal is encircled by:
(i) live oak and olive branches;
				and
(ii) the unfurled flags of:
(I) the Kingdom of France;
(II) the Kingdom of Spain;
(III) the United Mexican States;
(IV) the Republic of Texas;
(V) the Confederate States of America;
				and
(VI) the United States of
				America.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.3 - Application and License

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person not a
				state public official or under the express direction of a state agency and
				conducting official state business must, prior to any use of the state seal in
				any commercial reproduction, distribution, advertisement, manufacture,
				promotion, replication, sale, or any such activity reasonably construed to be
				embraced by this description:
(1) complete
				and file with the Office of the Secretary of State, on a form prescribed by
				that office, an application for a license for the private nonofficial use of
				the state seal;
(2) obtain such
				license from the Office of the Secretary of State.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.4 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) State agencies and officials who use the
				state seal for official uses or state functions have no application or fee
				requirement; however, in an effort to achieve uniformity and continuity, state
				agencies and officials are encouraged to submit their intended uses and
				renditions of the state seal to the secretary of state.
(1) When a user solely produces for or solely
				sells or distributes to a state agency a product bearing the state seal for an
				official use or for a state function, no application or license is
				required.
(2) A user seeking the
				exemption as set forth in paragraph (1) of this subsection should provide the
				secretary of state's office with the following:
(A) a signed statement from that state agency
				or appropriate state official that the product has been or will be used by the
				state agency for an official use or a state function. See Form 3303-A;
				and
(B) a certification, on a form
				prescribed by the secretary of state's office, from the user that the product
				is not available to the general public. See Form 3303.
(3) Distribution or sale of the product to
				the general public by the state agency shall not preclude a user from obtaining
				the exemption, as set forth in paragraph (1) of this subsection.
(4) When a user produces for or sells or
				distributes to a state agency a product bearing the state seal that is also
				available to the general public, the user must file an application and obtain a
				license in accordance with §
										RSA 72.3
				of this title (relating to Application and License) and pay, except as
				otherwise provided by these sections, all fees required by §
										RSA 72.6
				of this title (relating to Fees: Payment of Money).
(5) Gross receipts received from the sale of
				licensed products to state agencies under the conditions set forth in paragraph
				(4) of this subsection are exempt from the royalty fee required by the statute
				and §
										RSA 72.6
				of this title, provided the manufacturer or vendor of the licensed products
				provides the secretary of state's office with a signed statement from that
				state agency or appropriate state official that the products have been or will
				be used by the state agency for an official use or a state function.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.5 - Denial of Application; Suspension or Revocation of License

Current through Reg. 49, No. 28; July 12, 2024
(a) An original or renewal application may be
				denied for any of the following reasons:
(1)
				failure of the application to comply with §
										RSA 72.3
				of this title (relating to Application and License), including failure to
				include the required application or licensing fee; or
(2) where the secretary of state determines
				that the intended use is detrimental to the image of the state or otherwise not
				in the state's best interests.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.6 - Fees: Payment of Money

Current through Reg. 49, No. 28; July 12, 2024
(a) Application fees
				are required to be paid at the time of presenting the original or renewal
				application for license. Licensing fees must be paid within 21 days of the
				approval of the original or renewal license. Royalty fees must be received with
				each quarterly report and in accordance with the deadlines set forth under
				§
									RSA
				72.8(d) of this title
				(relating to Quarterly Reports). A fee shall be deemed delinquent if not
				received within 30 days after it is due.
(b) All fees paid to the secretary of state
				shall be in United States currency, cashier checks, money orders, certified
				checks, personal or corporate checks or by credit card as described in §
									RSA
				71.4 of this title (relating to Credit Card
				Payment Option).
(c) A mere change
				of purpose after the payment of fees, as when an applicant desires to withdraw
				an application from filing, or when a licensee terminates its license, will not
				entitle either the applicant or the licensee to a refund of any fees paid under
				the statute or these sections.
(d)
				Fee schedule is as follows.
(1) Original or
				renewal application fee (nonrefundable)--$35.
(2) Original or renewal license
				fee--$250.
(3) Royalty fee--3.0% of
				annual gross license receipts in excess of $5,000.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.7 - Amendment to Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				may be amended at any time to update the information contained in the original
				application.
(b) If information
				contained in the original application materially changes, the licensee must
				amend the application to update the information within thirty days of the
				change.
(c) There is no fee for
				amending the application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.8 - Quarterly Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees must file
				with the Office of the Secretary of State a statement (i.e., quarterly report),
				on a form prescribed by that office, containing the following:
(1) a statement of the total quantity of
				licensed products sold;
(2) the
				total amount of gross receipts received from the sale of licensed products
				during the quarter;
(3) where the
				licensee has obtained an exemption under §
										RSA
				72.4(a)(5) of this title
				(relating to Exemptions), the total amount of gross receipts received from the
				sale of licensed products during the quarter to state agencies;
(4) where the licensee has obtained an
				exemption under §
										RSA
				72.4(b)(5) of this title,
				the total amount of gross receipts received from the sale of licensed products
				during the quarter to elected officials;
(5) the total amount of gross receipts
				derived by the licensee from other uses of the state seal during the
				quarter;
(6) the amount of any
				royalty fee due for the quarter;
(7) the file number issued by the secretary
				of state; and
(8) the licensee's
				name and address.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.9 - Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The Office of the Secretary of State may conduct at its
				  discretion random, unannounced examinations of the licensee's records during
				  normal business hours (8:00 a.m. through 5:00 p.m.) to determine the licensee's
				  compliance with the statute and these sections. All records related to the
				  statute and these sections shall be kept in accordance with generally accepted
				  accounting principles at the licensee's place of business or a place designated
				  by written notification by certified mail, return receipt requested, and
				  maintained for four years. If the licensee fails to keep and make readily
				  available accurate records or file quarterly reports under §
									RSA 72.8 of
				  this title (relating to Quarterly Reports), the secretary of state may estimate
				  the royalty fee due based on any information available, including, but not
				  limited to, records of vendors, resellers, or manufacturers. Information
				  contained in quarterly reports filed with the Office of Secretary of State
				  pursuant to §
									RSA 72.8 of
				  this title will be disclosed to the state comptroller, the state auditor, or
				  any similar state investigatory agency upon request.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.10 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
In addition to the suspension or revocation of a state seal
				  license, the Office of the Secretary of State may:
(1) request that the Texas attorney general
				bring a civil action to enjoin either a violation of the statute or these
				sections relating to the state seal or to collect delinquent fees;
(2) refer any criminal violations to the
				appropriate prosecuting authority under the statute.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 72 - STATE SEAL › Section 72.11 - Abandonment of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee who
				ceases to use the state seal for a commercial purpose may abandon the license
				by filing a statement of abandonment. Upon abandonment, the person will no
				longer be licensed to use the state seal for a commercial purpose, and he will
				no longer be required to file quarterly reports or update the information on
				file with the secretary of state pertaining to the license to use the state
				seal. Abandonment will not result in the refund of any fees paid to the
				secretary of state.
(b) A statement
				of abandonment must be in writing, signed by the licensee, and must include:
(1) the name in which the license was issued;
				and
(2) a statement that the
				licensee is abandoning the license.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter A - LABOR ORGANIZERS › Section 73.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to soliciting any members for a
				  labor union organization, any labor union organizer operating in the State of
				  Texas shall apply for an organizer's card from the Statutory Documents Section
				  of the Office of the Secretary of State.
(b) Texas Labor Code §
										RSA
				  101.110(b) sets forth the
				  requirements for an application for an organizer's card, including that the
				  application must be accompanied by a copy of the applicant's credentials.
				  "Credentials" means either:
(1) a copy of the
				  minutes of the union meeting showing the election of the applicant as labor
				  union organizer; or
(2) if the
				  labor organization is organized in a jurisdiction other than Texas,
				  notification from the labor organization of the appointment of the applicant as
				  labor union organizer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter A - LABOR ORGANIZERS › Section 73.2 - Application Form

Current through Reg. 49, No. 28; July 12, 2024
The application form is available on the secretary of state
					 web site at http://www.sos.state.tx.us/statdoc/statforms.shtml or may be
					 obtained by writing the Statutory Documents Section, Office of the Secretary of
					 State, P.O. Box 13550, Austin, Texas 78711-3550. See Form
					 2206.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter A - LABOR ORGANIZERS › Section 73.3 - Organizer's Card

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of a complete and signed application, the
					 secretary of state shall issue an organizer's card to the applicant. The card
					 shall bear the following information:
(1) the applicant's name;
(2) the applicant's union
				  affiliation;
(3) a space for the
				  applicant's signature;
(4) the
				  designation "labor organizer"; and
(5) the signature of the secretary of state,
				  dated and attested by the state seal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter A - LABOR ORGANIZERS › Section 73.4 - Use of the Organizer's Card

Current through Reg. 49, No. 28; July 12, 2024
Whenever any labor organizer is soliciting members in the
					 State of Texas, the organizer shall carry the organizer's card issued by the
					 secretary of state, and shall exhibit the card when requested to do so by a
					 person being solicited for membership.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter D - STATEMENT OF OFFICER FORMS › Section 73.44 - Statement of Officer Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A statement of
				  officer form containing the language required by Article XVI, §1 of the
				  Texas Constitution is available on the secretary of state web site at
				  http://www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by
				  writing the Statutory Documents Section, Office of the Secretary of State, P.O.
				  Box 13550, Austin, Texas 78711-3550. See Form 2201.
(b) A statement of officer must provide:
(1) the language required by Article XVI,
				  §1(b) of the Texas Constitution;
(2) the specific office to which the officer
				  has been elected or appointed; and
(3) the typed or printed name and signature
				  of the officer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter E - COMMISSIONS › Section 73.71 - Issuance of Commissions

Current through Reg. 49, No. 28; July 12, 2024
A commission will be issued and forwarded to an appointed
					 or elected state officer following receipt of an executed oath of
					 office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 73 - STATUTORY DOCUMENTS › Subchapter F - DISCLOSURE STATEMENT OF CONDITIONAL GIFTS › Section 73.91 - Disclosure Statement of Conditional Gifts from Foreign Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing board of an institution
				  required to file a statement disclosing a conditional gift from a foreign
				  person with the Office of the Secretary of State under Texas Education Code
				  Annotated, §51.572, shall file such statement in the same form as that
				  required to be filed with the Federal Department of Education pursuant to
				  RSA
				  1011f.
(b) An institution shall make the filing
				  required under subsection (a) of this section with the Office of the Secretary
				  of State on the dates specified for the filing to be made with the Federal
				  Department of Education pursuant to
				  RSA
				  1011f.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 74 - CREDIT SERVICES ORGANIZATIONS › Section 74.1 - Registration of Credit Services Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration statement will be accepted
				for filing only upon submission of a completed registration form and payment of
				the applicable fee.
(b) The
				registration statement form is available on the secretary of state web site at
				www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by writing the
				Statutory Documents Section, Office of the Secretary of State, P.O. Box 13550,
				Austin, Texas 78711-3550. See Form 2801.
(c) A registration statement must provide:
(1) the name and address of the credit
				services organization;
(2) the name
				and address of any person who directly or indirectly owns or controls 10% or
				more of the outstanding shares of stock in the credit services
				organization;
(3) a copy of the
				surety bond or surety account notice for each of the credit services
				organization's locations, or a statement explaining why §
										RSA
				393.302, Texas Finance Code is not
				applicable;
(4) a full disclosure
				of any litigation or unresolved complaint filed with a governmental authority
				of this state relating to the operation of the credit services organization, or
				a sworn statement that states that there has been no litigation or unresolved
				complaint with a governmental authority of this state relating to the operation
				of the credit services organization.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 74 - CREDIT SERVICES ORGANIZATIONS › Section 74.3 - Surety Bond, Surety Account

Current through Reg. 49, No. 28; July 12, 2024
(a) If a credit
				services organization is required to obtain a surety bond or establish a surety
				account, the surety bond or surety account shall be for an amount of $10,000.
				The surety bond must be issued by a surety company authorized to do business in
				Texas. The surety account must be established and maintained at a federally
				insured bank or savings and loan association located in Texas and notification
				of the depository, the trustee, and the account number shall be filed with the
				secretary of state. See Forms 2802, 2803.
(b) The surety bond or account of a credit
				services organization must be maintained until the second anniversary of the
				date on which the organization ceases operations at the location for which the
				surety bond was established.
(1) The surety
				bond or account is considered "maintained" if the credit services organization
				has an established surety bond or surety account in the requisite amount and
				has filed the required information stated in subsection (a) of this section for
				the established surety bond or surety account with the secretary of
				state.
(2) The secretary of state
				will authorize return of funds from a previously established surety account
				upon a credit services organization's filing the required information stated in
				subsection (a) of this section for a newly established surety
				account.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter A - APPLICATION FOR CERTIFICATE OF AUTHORITY › Section 75.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
Application for a certificate of authority to engage in
					 business as an automobile club in the State of Texas shall be made on forms
					 prescribed by the secretary of state entitled application for certificate of
					 authority. The form or specifications pertaining to the prescribed form may be
					 obtained by writing to the Statutory Documents Section, Office of Secretary of
					 State, P.O. Box 12887, Austin, Texas 78711.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter A - APPLICATION FOR CERTIFICATE OF AUTHORITY › Section 75.2 - Annual Renewal Required

Current through Reg. 49, No. 28; July 12, 2024
Every certificate of authority to act as an automobile club
					 shall expire annually on August 31 of each year unless sooner revoked or
					 suspended. Application for renewal of such certificate of authority shall be
					 filed upon the form prescribed by the secretary of state. The annual license
					 fee for renewal of such certificate of authority shall be as prescribed by
					 Texas Transportation Code, §
										RSA
					 722.007. The form or specifications
					 pertaining to the prescribed form may be obtained by writing to the Statutory
					 Documents Section, Office of Secretary of State, P.O. Box 12887, Austin, Texas
					 78711.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter B - REGISTRATION OF AGENTS › Section 75.10 - Exemption from Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) "Agent" does
				  not include an individual who engages in the solicitation or sale of automobile
				  club memberships with respect to the general public only in connection with an
				  associated consumer transaction, provided:
(1) the automobile club membership is issued
				  by an automobile club that has obtained an automobile club certificate of
				  authority from the Office of the Secretary of State;
(2) such individual is not compensated based
				  primarily on the sale of the automobile club membership;
(3) such individual may not alter the terms
				  or conditions of the automobile club membership; and
(4) the automobile club membership is not
				  required to be purchased in order to complete the associated consumer
				  transaction, and the consideration paid for the associated consumer transaction
				  is not affected by the purchase of the automobile club membership.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter B - REGISTRATION OF AGENTS › Section 75.11 - Notification of Appointment and Application To Act as an Automobile Club Agent

Current through Reg. 49, No. 28; July 12, 2024
Within 30 days of the date of employment of an agent by an
					 automobile club to sell memberships in the automobile club, the automobile club
					 shall notify the secretary of state on the form prescribed by the secretary of
					 state. The form or specifications pertaining to the prescribed form may be
					 obtained by writing to the Statutory Documents Section, Office of the Secretary
					 of State, P.O. Box 12887, Austin, Texas 78711.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter B - REGISTRATION OF AGENTS › Section 75.12 - Termination of Employment

Current through Reg. 49, No. 28; July 12, 2024
Upon termination of any agent's employment by an automobile
					 club, the club shall within 30 days thereafter notify the secretary of state of
					 such termination. Such notification shall be made on the prescribed termination
					 notice form. The form or specifications pertaining to the prescribed form may
					 be obtained by writing to the Statutory Documents Section, Office of the
					 Secretary of State, P.O. Box 12887, Austin, Texas 78711.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter B - REGISTRATION OF AGENTS › Section 75.13 - Fee and Renewal

Current through Reg. 49, No. 28; July 12, 2024
The annual registration fee for agents of automobile clubs
					 shall be as prescribed by Texas Transportation Code, §
										RSA
					 722.011, and the registration shall be
					 renewed each 12 months after its issuance. The renewal shall be made on a form
					 prescribed by the Secretary of State. The form or specifications pertaining to
					 the prescribed form may be obtained by writing to the Statutory Documents
					 Section, Office of Secretary of State, P.O. Box 12887, Austin, Texas
					 78711.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter C - AUTOMOBILE CLUB SERVICES › Section 75.21 - Services an Automobile Club May Provide

Current through Reg. 49, No. 28; July 12, 2024
An automobile club may provide its customers or subscribers
					 with assistance in matters relating to travel, and to the operation, use or
					 maintenance of a motor vehicle, by supplying services such as services related
					 to:
(1) a community traffic safety
				  service;
(2) a travel and touring
				  service;
(3) a theft or reward
				  service;
(4) a map
				  service;
(5) a towing
				  service;
(6) an emergency road
				  service;
(7) a bail bond
				  service;
(8) a legal fee
				  reimbursement in the defense of traffic offenses; and
(9) accidental injury and death benefits that
				  are covered by a group policy issued to the club, for the benefit of its
				  members, by a duly authorized insurance company.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter D - REVOCATION AND SUSPENSION OF CERTIFICATE › Section 75.31 - Revocation of Certificate of Authority

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state at any time for good cause shown, in
					 accordance with the Administrative Procedure Act and the rules of practice and
					 procedure before the Office of the Secretary of State, may revoke or suspend an
					 automobile club's certificate of authority. Revocation and suspension will be
					 subject to the right of notice, hearing, and adjudication pursuant to the
					 automobile club rules, the Administrative Procedure Act, the rules of practice
					 and procedure before the Office of the Secretary of State, and the rules of
					 procedure for the State Office of Administrative Hearings. Such action will be
					 subject to the right of appeal to a Travis County district
					 court.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter D - REVOCATION AND SUSPENSION OF CERTIFICATE › Section 75.32 - Good Cause

Current through Reg. 49, No. 28; July 12, 2024
Good cause as stated in §
										RSA
					 75.31 of this title (relating to Revocation
					 of Certificate of Authority) shall include, but not be limited to, the
					 following:
(1) a violation of a
				  provision of Texas Transportation Code, Chapter 722;
(2) a finding that it is not operating an
				  automobile club as defined in the Automobile Club Services Act;
(3) a finding that it is insolvent;
(4) a finding that its assets are less than
				  its liabilities;
(5) a finding that
				  it refuses to submit to an examination by the secretary of state;
(6) a finding that it is transacting business
				  fraudulently; or
(7) a finding that
				  any owner, officer, or operating manager is not of good moral
				  character.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter D - REVOCATION AND SUSPENSION OF CERTIFICATE › Section 75.33 - Notice

Current through Reg. 49, No. 28; July 12, 2024
No revocation or suspension is effective unless prior to
					 the institution of proceedings, the secretary of state gives notice pursuant to
					 the Administrative Procedure Act.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter D - REVOCATION AND SUSPENSION OF CERTIFICATE › Section 75.34 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
All administrative hearings will be held in Austin. The
					 State Office of Administrative Hearings will set the time and hearing room
					 location.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter E - TIME PERIODS › Section 75.41 - Processing Permits for Automobile Clubs

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to describe the time periods by which the secretary of state processes
				  applications for permits for automobile clubs.
(b) Processing time period. The department
				  shall, within 15 days from the date of receipt of an application, notify the
				  applicant in writing of the department's decision to approve or deny
				  applicant's application. If the application is denied by the department, the
				  forms and filing fee will be returned to the applicant. A request for a formal
				  or informal hearing shall be made by the applicant to the program administrator
				  in writing within 15 days from receipt of the department's denial
				  letter.
(c) Refund of fees and
				  security. In the event the applicant is not processed in the time period stated
				  in subsection (b) of this section, the applicant has the right to request of
				  the program administrator a full refund of all filing fees and security
				  deposited with the application. The applicant shall submit his written request
				  for a refund to the program administrator within 15 days from receipt of the
				  certificate of authority to act as an automobile club.
(d) Contested case hearing. If at any time
				  during the processing of the permit, an applicant wishes to contest the
				  department's decision, the time periods in §
										RSA
				  75.42 of this title (relating to Time Periods
				  for Conducting Contested Hearings) are applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 75 - AUTOMOBILE CLUB › Subchapter E - TIME PERIODS › Section 75.42 - Time Period for Conducting Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Contested cases involving the processing
				  of a permit during the time period set out in §
										RSA
				  75.41 of this title (relating to Processing
				  Permits for Automobile Clubs) will range from four to eight months to complete
				  all necessary hearings. The starting time for a contested case is when the
				  department receives a written request for a hearing, and the ending time is
				  when the decision is final and appealable.
(b) If an individual person or entity who is
				  a party to the hearing takes action which causes an unnecessary delay in the
				  department's conduct of the hearing, the time utilized by the person or entity
				  is not included in the time covered by this section.