reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter A - GENERAL PROVISIONS › Section 34.17 - Satisfaction of Presence Requirement by Entity

Current through Reg. 49, No. 28; July 12, 2024
An entity may satisfy the presence requirement in
					 Government Code, §
										RSA
					 305.006(f) and §
										RSA
					 305.024(a)(7), by the
					 presence of:
(1) an individual
				  registrant who represents the entity; or
(2) a person whose position, authority, or
				  conduct on behalf of the entity could support an award of exemplary damages
				  against the entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter A - GENERAL PROVISIONS › Section 34.19 - Courtesy Notices by Electronic Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person required to register as a lobbyist may provide to the commission an
				  electronic mail address to which courtesy notices regarding filing requirements
				  under Chapter 305 of the Government Code may be sent.
(b) The commission is not obligated to send
				  notices regarding filing requirements to a person required to register as a
				  lobbyist who does not provide to the commission an electronic mail
				  address.
(c) Failure to receive a
				  notice regarding filing requirements does not constitute an excuse for failing
				  to comply with any filing deadline.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter B - REGISTRATION REQUIRED › Section 34.41 - Expenditure Threshold

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must
				  register as a lobbyist under chapter
				  305 of the Texas
				  Government Code if the person makes total expenditures of more than the amount
				  specified in Tex. Gov't Code §
										305.003(a)(1),
				  as amended by Figure 2 in 1 TAC §
										18.31 in a calendar quarter, not
				  including expenditures for the person's own travel, food, lodging, or
				  membership dues, on activities described in Government Code §
										305.006(b)
				  to communicate directly with one or more members of the legislative or
				  executive branch to influence legislation or administrative action.
(b) An expenditure made by a member of the
				  judicial, legislative, or executive branch of state government or an officer or
				  employee of a political subdivision of the state acting in his or her official
				  capacity is not included for purposes of determining whether a person is
				  required to register under Government Code, §
										305.003(a)(1).
(c) An expenditure made in connection with an
				  event to promote the interests of a designated geographic area or political
				  subdivision is not included for purposes of determining whether a person has
				  crossed the registration threshold in Government Code, §
										305.003(a)(1),
				  if the expenditure is made by a group that exists for the limited purpose of
				  sponsoring the event or by a person acting on behalf of such a group.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter B - REGISTRATION REQUIRED › Section 34.43 - Compensation and Reimbursement Threshold

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must register as a lobbyist
				  under chapter
				  305 of the Texas
				  Government Code if the person receives, or is entitled to receive under an
				  agreement under which the person is retained or employed, more than the amount
				  specified in Tex. Gov't Code §
										305.003(a)(2),
				  as amended by Figure 2 in 1 TAC §
										18.31 in a calendar quarter in
				  compensation and reimbursement, not including reimbursement for the person's
				  own travel, food, lodging, or membership dues, from one or more other persons
				  to communicate directly with a member of the legislative or executive branch to
				  influence legislation or administrative action.
(b) For purposes of Government Code, §
										305.003(a)(2),
				  and this chapter, a person is not required to register if the person spends not
				  more than 40 hours for which the person is compensated or reimbursed during a
				  calendar quarter engaging in lobby activity, including preparatory activity as
				  described by §
										34.3 of this title (relating to
				  Compensation for Preparation Time).
(c) For purposes of Government Code, §
										305.003(a)(2),
				  and this chapter, a person shall make a reasonable allocation of compensation
				  between compensation for lobby activity and compensation for other
				  activities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter B - REGISTRATION REQUIRED › Section 34.45 - Entity Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  entity that is required to register under Government Code, §
										RSA
				  305.003, and this chapter may nonetheless
				  avoid registration if all activity otherwise reportable by the entity is
				  reported by one or more individual registrants in accordance with §
										RSA
				  34.65 and §
										RSA
				  34.85 of this title (relating to Compensation
				  Reported by Lobby Firm Employee and Individual Reporting Expenditure by
				  Entity).
(b) An entity that avoids
				  registration under subsection (a) of this section becomes subject to Government
				  Code, §
										RSA
				  305.024 on the earlier of the date the entity
				  makes the expenditure that would have required the entity to register as a
				  lobbyist or the date the entity receives, or is entitled to receive
				  compensation or reimbursement that would have required the entity to register
				  as a lobbyist.
(c) Registration by
				  an entity does not relieve any individual of the requirement to register if
				  that individual meets one of the registration thresholds in Government Code,
				  §
										RSA
				  305.003.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.63 - Assistants

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  Government Code, §
										RSA
				  305.005(f)(5), a person
				  "employed or retained by the registrant for the purpose of assisting in direct
				  communication" includes any person who provides administrative or research
				  assistance to the registrant but does not include a person who provides only
				  clerical or secretarial help.
(b)
				  An individual employed by the same employer as the registrant and who assists
				  the registrant at the direction of the registrant is "employed or retained" by
				  the registrant for purposes of Government Code, §
										RSA
				  305.005(f)(5).
(c) A person listed by a registrant as an
				  assistant under Government Code, §
										RSA
				  305.005(f)(5), is required
				  to register if the assistant meets one of the registration thresholds under
				  Government Code, §
										RSA
				  305.003, and this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.65 - Compensation Reported by Lobby Firm Employee

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual registrant employed,
				  reimbursed, or retained by a business entity that receives compensation and/or
				  reimbursement for lobby activity is required to report all compensation and/or
				  reimbursement paid to the entity for lobby activity by that
				  individual.
(b) An individual
				  registrant employed, reimbursed, or retained by a business entity that receives
				  compensation and/or reimbursement for lobby activity may also report
				  compensation and/or reimbursement paid to the entity for lobby activity by one
				  or more other persons if the entity requests that the individual do so in order
				  for the entity to avoid registration.
(c) The individual registrant shall report
				  the compensation by the date on which the entity, if registered, would have
				  been required to report it. The individual registrant shall indicate on a
				  registration or amended registration, as applicable, that he has reported
				  compensation and/or reimbursement paid to an entity for lobby activity by one
				  or more persons other than the registrant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.67 - Paid, Earned, and Prospective Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of Government Code, §
										RSA
				  305.005, and this chapter, compensation may
				  be reported in any one of the following three ways:
(1) compensation actually paid for lobby
				  activity during the year of registration as of the date the registration form
				  or amended registration form is filed;
(2) compensation earned for lobby activity
				  during the year of registration as of the date the registration form or amended
				  registration form is filed, regardless of whether paid; or
(3) promised compensation for lobby activity
				  during the year of registration, regardless of whether earned or paid on the
				  date the registration form or amended registration form is filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.69 - Subject Matter

Current through Reg. 49, No. 28; July 12, 2024
A registrant shall report the subject matter of lobby
					 activity, in accordance with Government Code, §
										RSA
					 305.005(f)(4), with respect
					 to each person who reimburses, retains, or employs the registrant to engage in
					 lobby activity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.71 - Amending a Registration Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  change with respect to a docket number or other administrative designation is
				  not required to be reported on an amended registration unless the docket number
				  or other administrative designation is related to a subject matter category not
				  previously reported by the registrant.
(b) Except as necessary to report changed
				  information, a registrant shall not report information about subject matter on
				  an amended registration form that the registrant reported on the registration
				  form or on a previous amended registration form.
(c) A registrant is not required to report on
				  an amended registration form reimbursement received for a lobby expenditure
				  that the registrant will report on a lobby activity report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.75 - Reporting of Commission or Fee Paid by State Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the contents required by
				  §
										RSA
				  305.005 of the Government Code and this
				  chapter, a registration filed by a person who is paid a sales commission or
				  such fee by a state agency must:
(1) disclose
				  the state agency as a client;
(2)
				  indicate that the client is a state agency;
(3) provide a description of the subject
				  matter for which the person is paid a sales commission or such fee;
				  and
(4) disclose the amount of the
				  sales commission or such fee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter C - COMPLETING THE REGISTRATION FORM › Section 34.77 - Disclosure of Registration under Foreign Agents Registration Act

Current through Reg. 49, No. 28; July 12, 2024
The registration of any person who has also filed an
					 active registration statement under the Foreign Agents Registration Act of
					 1938, as amended (22 U.S.C. § 611 et seq.), must include the registration
					 number assigned to the registration statement by the United States Attorney
					 General until the registration statement is terminated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter D - LOBBY ACTIVITY REPORTS › Section 34.81 - Election To File Annually

Current through Reg. 49, No. 28; July 12, 2024
A registrant who is eligible to file an annual lobby
					 activity report under Government Code, §
										RSA
					 305.0063, may elect to do so at any time
					 during the registration year.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter D - LOBBY ACTIVITY REPORTS › Section 34.82 - Modified Reporting Threshold

Current through Reg. 49, No. 28; July 12, 2024
For purposes of section
					 RSA
					 305.0063(d) of the Texas
					 Government Code, expenditures shall include all expenditures reportable under
					 section 305.006, including all expenditures that are required to be reported
					 under subsections 305.006(b) and 305.006(c).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter D - LOBBY ACTIVITY REPORTS › Section 34.83 - Time of Expenditure

Current through Reg. 49, No. 28; July 12, 2024
For reporting purposes, an expenditure is not made until
					 the amount of the expenditure is readily determinable by the person making the
					 expenditure. If the normal business practice of a vendor or service provider is
					 to make the amount charged known by sending a bill after expenses are incurred,
					 the date of the expenditure, for reporting purposes, is the date the person
					 billed receives the bill.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter D - LOBBY ACTIVITY REPORTS › Section 34.85 - Individual Reporting Expenditure by Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual registrant may report an
				  expenditure made by a lobby entity if the entity requests that the individual
				  do so in order for the entity to avoid registration; and
(1) the entity makes the expenditure in order
				  for the individual to act on the entity's behalf to communicate directly with a
				  member of the legislative or executive branch to influence legislation or
				  administrative action; or
(2) the
				  entity compensates or reimburses the individual to act on behalf of the entity
				  or on behalf of the entity's clients to communicate directly with a member of
				  the legislative or executive branch to influence legislation or administrative
				  action.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 34 - REGULATION OF LOBBYISTS › Subchapter E - ELECTRONIC FILING › Section 34.91 - Exemptions from Electronic Filing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A registrant is required to file each report electronically by using the
				  Internet to transmit the report, by using the web-based filing application
				  provided by the commission, unless the registrant files with the commission an
				  affidavit stating that:
(1) the registrant
				  does not use a computer or mobile device, including a tablet or smartphone with
				  access to the Internet;
(2) no
				  person acting as an agent or consultant of the registrant and no person with
				  whom the registrant contracts uses a computer or mobile device, including a
				  tablet or smartphone with access to the Internet;
(3) the registrant does not intend to be
				  compensated or reimbursed for lobby activity in the calendar year covered by
				  the registration;
(4) the
				  registrant was not compensated for lobby activity in either of the previous two
				  calendar years;
(5) the registrant
				  does not intend to make lobby expenditures during the calendar year covered by
				  the registration; and
(6) the
				  registrant did not make lobby expenditures in either of the previous two
				  calendar years.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 40 - FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS › Section 40.1 - Financial Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				Ethics Commission adopts by reference the financial statement form prescribed
				by the commission on January 13, 1992. This form is available from the Texas
				Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070.
(b) The form adopted under subsection (a) of
				this section may be revised by the executive director under §
									RSA 18.1 of this title
				(relating to Adoption and Revision of Forms), and if so revised shall be deemed
				to have been adopted by the commission under this section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 40 - FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS › Section 40.2 - Disclosure of Financial Activity

Current through Reg. 49, No. 28; July 12, 2024
For purposes of § 572.023 of the Government Code, a
				  filer's personal financial statement must include:
(1) the filer's financial activity in which
				the filer held an ownership interest, including but not limited to community
				property; and
(2) the financial
				activity of the filer's spouse and dependent children if the filer exercised or
				held the right to exercise any degree of legal or factual control over the
				activity, notwithstanding a partition agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 40 - FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS › Section 40.11 - Publicly Traded Corporation as Source of Income over $500

Current through Reg. 49, No. 28; July 12, 2024
For purposes of section
				  RSA
				  572.023(b)(4), Government
				  Code, a publicly traded corporation is identified as a source of income by
				  disclosing its full name in addition to the category of the amount of
				  income.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 45 - CONFLICTS OF INTEREST › Section 45.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to §
									RSA
				  2152.064 and §
									RSA
				  2155.003 of the Government
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 45 - CONFLICTS OF INTEREST › Section 45.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				RSA
				2155.003 of the Government Code applies to:
(1) the chief clerk; and
(2) an employee who exercises discretion in
				connection with a contract, payment, claim, or other pecuniary transaction
				under the comptroller's purchasing authority.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 45 - CONFLICTS OF INTEREST › Section 45.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				RSA
				2152.064 of the Government Code applies to:
(1) a commission member and appointee;
				and
(2) to an employee who
				exercises discretion in connection with a contract, payment, claim, or other
				pecuniary transaction under §
										RSA
				2152.064 of the Government Code, or in
				connection with state surplus or salvage property.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 45 - CONFLICTS OF INTEREST › Section 45.7 - Rebates

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				"rebate" includes a discount, return, or refund of money.
(b) The chief clerk or an employee of the
				comptroller is not prohibited from accepting a rebate that is offered or given
				on the same terms to all state employees or to the general public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 45 - CONFLICTS OF INTEREST › Section 45.9 - Rebates

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				"rebate" includes a discount, return, or refund of money.
(b) An employee, appointee, or commission
				member of the Texas Facilities Commission is not prohibited from accepting a
				rebate that is offered or given on the same terms to all state employees or to
				the general public.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 46 - DISCLOSURE OF INTERESTED PARTIES › Section 46.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				applies to §
									RSA
				2252.908 of the Government Code.
(b) Section
				RSA
				2252.908 of the Government Code applies only
				to a contract of a governmental entity or state agency entered into after
				December 31, 2015, that meets either of the following conditions:
(1) The contract requires an action or vote
				by the governing body of the entity or agency; or
(2) The value of the contract is at least $1
				million.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 46 - DISCLOSURE OF INTERESTED PARTIES › Section 46.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Contract"
				means a contract between a governmental entity or state agency and a business
				entity at the time it is voted on by the governing body or at the time it binds
				the governmental entity or state agency, whichever is earlier, and includes an
				amended, extended, or renewed contract.
(b) "Business entity" includes an entity
				through which business is conducted with a governmental entity or state agency,
				regardless of whether the entity is a for-profit or nonprofit entity. The term
				does not include a governmental entity or state agency.
(c) "Controlling interest" means:
(1) an ownership interest or participating
				interest in a business entity by virtue of units, percentage, shares, stock, or
				otherwise that exceeds 10 percent;
(2) membership on the board of directors or
				other governing body of a business entity of which the board or other governing
				body is composed of not more than 10 members; or
(3) service as an officer of a business
				entity that has four or fewer officers, or service as one of the four officers
				most highly compensated by a business entity that has more than four officers.
				This paragraph does not apply to an officer of a publicly held business entity
				or its wholly owned subsidiaries.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 46 - DISCLOSURE OF INTERESTED PARTIES › Section 46.4 - Changes to Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				RSA
				2252.908 of the Government Code does not
				apply to a change made to an existing contract, including an amendment, change
				order, or extension of a contract, except as provided by subsection (b) or (c)
				of this section.
(b) Section
				RSA
				2252.908 of the Government Code applies to a
				change made to an existing contract, including an amendment, change order, or
				extension of a contract, if a disclosure of interested parties form was not
				filed for the existing contract; and either:
(1) the changed contract requires an action
				or vote by the governing body of the entity or agency; or
(2) the value of the changed contract is at
				least $1 million.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 46 - DISCLOSURE OF INTERESTED PARTIES › Section 46.5 - Disclosure of Interested Parties Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A disclosure of interested parties form
				required by §
									RSA
				2252.908 of the Government Code must be filed
				on an electronic form prescribed by the commission that contains the following:
(1) The name of the business entity filing
				the form and the city, state, and country of the business entity's place of
				business;
(2) The name of the
				governmental entity or state agency that is a party to the contract for which
				the form is being filed;
(3) The
				name of each interested party and the city, state, and country of the place of
				business of each interested party;
(4) The identification number used by the
				governmental entity or state agency to track or identify the contract for which
				the form is being filed and a short description of the services, goods, or
				other property used by the governmental entity or state agency provided under
				the contract; and
(5) An indication
				of whether each interested party has a controlling interest in the business
				entity, is an intermediary in the contract for which the disclosure is being
				filed, or both.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 2 - TEXAS ETHICS COMMISSION › Chapter 50 - LEGISLATIVE SALARIES AND PER DIEM › Section 50.1 - Legislative Per Diem

Current through Reg. 49, No. 28; July 12, 2024
(a) The legislative
				per diem is $221. The per diem is intended to be paid to each member of the
				legislature and the lieutenant governor for each day during the regular session
				and for each day during any special session.
(b) If necessary, this rule shall be applied
				retroactively to ensure payment of the $221 per diem for 2019.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 52 - ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 52.1 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship
					 caused to an employee and the employee's immediate family if a catastrophic
					 injury or illness forces the employee to exhaust all eligible leave time earned
					 by that employee and to lose compensation time from the state.
(1) The Office of the Attorney General's
				  Human Resources Director is designated as the pool administrator.
(2) The pool administrator will recommend a
				  policy, operating procedures, and forms for the administration of this section
				  for approval by the First Assistant Attorney General.
(3) Operation of the pool shall be consistent
				  with Texas Government Code, Chapter 661.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 52 - ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 52.2 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A family leave pool is established to allow eligible
					 employees to apply for leave time to bond with and care for children during a
					 child's first year following birth, adoption, or foster placement; and caring
					 for a seriously ill family member or the employee, including pandemic-related
					 illnesses or complications caused by a pandemic.
(1) The Office of the Attorney General's
				  Human Resources Director is designated as the pool administrator.
(2) The pool administrator will recommend a
				  policy, operating procedures, and forms for the administration of this section
				  for approval by the First Assistant Attorney General.
(3) Operation of the pool shall be consistent
				  with Texas Government Code, Chapter 661.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 52 - ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 52.3 - Employee Education and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency
				  may use state funds to provide education and training for its employees in
				  accordance with the State Employees Training Act (Texas Government Code,
				  §§
										RSA
				  656.041 -
				  RSA
				  656.104) .
(b) The education or training shall be
				  related to the employee's current position or prospective job duties within the
				  agency.
(c) When an employee seeks
				  reimbursement for a training or education program offered by an institution of
				  higher education or private or independent institution of higher education, the
				  agency shall only reimburse the tuition expenses for a program course
				  successfully completed by an employee at an accredited institution of higher
				  education.
(d) The agency's
				  education and training program benefits both the agency and the employees
				  participating by:
(1) preparing for
				  technological and legal developments;
(2) increasing work capabilities;
(3) increasing the number of qualified
				  employees in areas for which the agency has difficulty in recruiting and
				  retaining employees; and (4) increasing the competence of agency
				  employees.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Application. This subchapter applies to all proposed public securities and
				  records of proceedings submitted by issuers, other than nonprofit corporations
				  and other conduit issuers, to the Office of the Attorney General for review, as
				  required by Chapter 1202 of the Government Code or other applicable state law.
(b) Application to Nonprofit
				  Corporations and Other Conduit Issuers. Sections 53.2, 53.9, 53.16 - 53.19,
				  53.21, and 53.22 of this subchapter shall apply to proposed public securities
				  and records of proceedings submitted by nonprofit corporations and other
				  conduit issuers to the Office of the Attorney General for review. Additional
				  requirements for proposed public securities to be issued by nonprofit
				  corporations and other conduit issuers are contained in subchapters L through P
				  of this chapter.
(c) Additional
				  Requirements. Additional subchapters may apply to transcripts submitted to the
				  Office of the Attorney General depending on the type of public securities and
				  the type of issuer.
(d) Definition
				  of Public Securities. For the purposes of this subchapter, the term "public
				  securities" means public securities as defined under §
										RSA
				  1202.001 of the Government Code and other
				  obligations subject to review by the Office of the Attorney General under state
				  law.
(e) Other Definitions: Except
				  as otherwise provided by this subchapter, all terms used in this subchapter
				  shall have the meaning ascribed to them in §
										RSA
				  1202.001 of the Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.2 - Form of Records

Current through Reg. 49, No. 28; July 12, 2024
Records of proceedings shall be submitted to the Public
					 Finance Division of the Office of the Attorney General. All records of
					 proceedings shall conform to the following requirements:
(1) each transcript shall be submitted in an
				  appropriately sized expanding file folder;
(2) the transcript page size shall not exceed
				  8 1/2 by 11 inches, and each line of each page should be entirely legible.
				  (Oversize documents, such as maps and charts, should be folded within the 8 1/2
				  by 11 inch requirement);
(3) each
				  transcript shall contain a table of contents;
(4) each transcript shall have the table of
				  contents keyed to right side tab numbers; and
(5) each transcript shall be arranged in
				  chronological order or in some other consistent, logical arrangement that will
				  permit an efficient review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.4 - Financial Publications

Current through Reg. 49, No. 28; July 12, 2024
The following financial publications circulated within the
					 State of Texas are approved for publication of notices of public security
					 sales:
(1) The Texas Bond Reporter;
(2) The Bond Buyer; and
(3) The Wall Street Journal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.5 - Determination of Bond Allowable Rate

Current through Reg. 49, No. 28; July 12, 2024
The following apply to determinations of the ad valorem tax
					 bond allowable rate:
(1) "bond
				  allowable rate" means the portion of the maximum authorized tax rate available
				  for debt service;
(2) except as
				  provided below, and except for good cause shown, all political subdivisions
				  have a bond allowable rate equal to 2/3 of the maximum tax rate authorized by
				  law;
(3) home rule cities and
				  general law cities authorized by §5 of Article XI of the Texas
				  Constitution to levy a tax of up to $2.50 per $100 valuation have a bond
				  allowable rate of $1.50 per $100 valuation, unless the tax rate is further
				  limited by the city's charter;
(4)
				  counties have a bond allowable rate of $.40 per $100 valuation, plus an
				  additional bond allowable rate of 1/2 of the tax rate voted for "further
				  maintenance of public roads" authorized by §9 of Article VIII of the Texas
				  Constitution up to a maximum additional tax of $.075 per $100 for public
				  securities payable from that tax;
(5) annual tax funds available for debt
				  service shall be calculated assuming a collection rate of 90% or a higher rate
				  based on the average collection rate for the most recent three years, as
				  certified by the issuer. In calculating the average collection rate, the annual
				  collection rate used for any year may not exceed 100%; and
(6) the bond allowable rate may be further
				  restricted by state law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.6 - Satisfaction of Coverage

Current through Reg. 49, No. 28; July 12, 2024
The maximum annual debt service reflected in the debt
					 retirement schedule may not exceed:
(1) for proposed public securities supported
				  in whole or in part by ad valorem taxes, the product of the bond allowable
				  rate, the applicable collection rate, and the issuer's most recent certified
				  taxable assessed valuation; and/or
(2) for proposed public securities supported
				  by revenues, the issuer's certified historical or projected revenue collection
				  amount, as applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.7 - Transcripts of Combination Tax and Revenue Public Securities

Current through Reg. 49, No. 28; July 12, 2024
Generally, transcripts for proposed public securities
					 supported by a combination of ad valorem taxes and other revenues shall meet
					 the transcript requirements for both ad valorem tax public securities and
					 revenue public securities as provided by this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.8 - Appropriated Funds and Capitalized Interest

Current through Reg. 49, No. 28; July 12, 2024
When an issuer must pay debt service on a proposed ad
					 valorem tax public security or combination ad valorem tax and revenue public
					 security before the initial tax levy can be collected, the issuer must provide
					 certification that the issuer has appropriated lawfully available funds for
					 such payment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.9 - Securities in Litigation

Current through Reg. 49, No. 28; July 12, 2024
Pending litigation will generally disqualify proposed
					 public securities from approval when the pending litigation concerns the public
					 securities, the majority of the titles to office, the issuer's creation, the
					 boundaries of a traditional governmental issuer if a final judgment may reduce
					 the tax base or revenue of the issuer such that the payment source for the
					 public securities is materially impaired, or when pending litigation in any
					 other way challenges the authority of the issuer to issue the public securities
					 or undertake the project being financed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.10 - Estimates in Statements of Taxable Values

Current through Reg. 49, No. 28; July 12, 2024
Except where otherwise permitted by law, estimates in
					 statements of taxable values are not permissible unless the issuer has been in
					 operation for a period of less than 18 calendar months.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.11 - Seals

Current through Reg. 49, No. 28; July 12, 2024
Seals should be the official seal as adopted by the
					 governing body. Seals on certificates must exactly correspond to seals on
					 securities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.12 - Refunding Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  For purposes of this section, the term "bonds" includes commercial paper used
				  for refunding purposes, and the term "public securities" includes other
				  obligations authorized to be refunded by law that do not constitute public
				  securities under §
										RSA
				  1202.001 of the Government Code.
(b) Types of Refundings. Refundings may be
				  accomplished by the issuance of advance or current refunding bonds sold for
				  cash or exchange refunding bonds issued in exchange for the refunded
				  obligations. For state law purposes, all refundings in which the public
				  securities being refunded are not paid and discharged the same day as the
				  refunding bonds are issued are considered to be "advance refundings."
(c) Advance Refundings. Transcripts for net
				  defeasance advance refunding must include documentation from an accounting firm
				  or other qualified entity, other than the issuer, verifying the sufficiency of
				  the investments of the escrowed proceeds to redeem on the redemption date or
				  pay at maturity, as applicable, the refunded public securities. For a gross
				  defeasance, a certificate of sufficiency from the paying agent for the refunded
				  obligations or other qualified entity, other than the issuer, is required. For
				  purposes of this section, "net defeasance" means a deposit of refunding
				  proceeds and any issuer contribution upon closing in escrow, which requires the
				  accrual of investment earnings in order to provide sufficient funds to pay the
				  refunded public securities on the redemption date or at maturity, as
				  applicable; and "gross defeasance" means a deposit of refunding proceeds and
				  any issuer contribution upon closing, which is sufficient to pay the refunded
				  public securities on the redemption date or at maturity, as applicable, without
				  further investment. For an advance refunding pursuant to Subchapter C of
				  Chapter 1207 of the Government Code:
(1) the
				  financial institution with whom the refunding bond proceeds are to be deposited
				  must enter into an escrow or similar agreement if required by §
											RSA
				  1207.062 of the Government Code, or otherwise
				  execute an agreement or certificate confirming its agreement to hold the
				  refunding proceeds and any issuer contribution in trust for the owners of the
				  refunded public securities; each agreement shall collateralize uninvested funds
				  until their payment at redemption or maturity to the extent not insured by the
				  Federal Deposit Insurance Corporation; and
(2) a certification of incumbency, including
				  specimen signatures, and corporate authority of the financial institution
				  executing the agreement required by subsection (d)(1) must be included in the
				  transcript.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.13 - Refunding Issues by Consent

Current through Reg. 49, No. 28; July 12, 2024
When refunded public securities are being redeemed by
					 consent of the holders thereof, written evidence of such consent must be
					 included in the transcript.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.14 - Elections

Current through Reg. 49, No. 28; July 12, 2024
(a) Types of
				  Elections. Proceedings of the following elections must be submitted with the
				  first transcript of proposed public securities utilizing the authority acquired
				  through the election:
(1) an election
				  authorizing the issuance of public securities;
(2) an election authorizing the levy or
				  imposition of a tax or other security pledged to the payment of public
				  securities;
(3) an election
				  creating or incorporating, or confirming the creation of, an issuer;
(4) an election approving a home rule charter
				  for a municipality; and
(5)
				  elections discussed in other subchapters of this chapter. Proceedings of state
				  elections, including amendments to the Constitution, are not required.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.15 - Compliance with State and Federal Election Laws

Current through Reg. 49, No. 28; July 12, 2024
When election proceedings are submitted as part of a
					 record of proceedings, the general certificate shall include a certification
					 confirming that the election was conducted in accordance with all applicable
					 state and federal laws.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.17 - Examination Fees

Current through Reg. 49, No. 28; July 12, 2024
Section
					 RSA
					 1202.004 of the Government Code sets out the
					 fee amounts for submitting a public security and/or a record of proceedings to
					 the Office of the Attorney General for examination and
					 approval.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.18 - Additional Showings

Current through Reg. 49, No. 28; July 12, 2024
If independent investigation or extrinsic evidence
					 relating to any public securities proceedings indicates the need for other or
					 additional showings by the issuer to satisfy any legal requirements precedent
					 to the approval of such proceeding, approval of such proceedings and the issue
					 subject thereof may be withheld pending such showings being furnished to the
					 Public Finance Division.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.19 - Novel or Uncommon Characteristics or Transactions

Current through Reg. 49, No. 28; July 12, 2024
Issuers contemplating authorization, issue, and sale of
					 public securities not specifically addressed in these rules or which contain
					 novel or uncommon characteristics are encouraged to present preliminary plans
					 to the Public Finance Division for review and comment before taking official
					 action for issuance. The Public Finance Division is also willing to pre-review
					 transcripts for unusual or particularly complex transactions, provided the
					 transcripts are accompanied by the appropriate fee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.21 - Waiver of Rules

Current through Reg. 49, No. 28; July 12, 2024
Subject to specific requirements set out in the
					 Constitution of the State of Texas, applicable statutes, or applicable city
					 charter, the rules for public securities promulgated herein may be waived by
					 the Public Finance Division upon a showing of good cause.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter A - APPROVAL OF MUNICIPAL SECURITIES BY ATTORNEY GENERAL › Section 53.22 - Interpretation

Current through Reg. 49, No. 28; July 12, 2024
These rules and the applicable laws may be interpreted from
					 time to time by the issuance of All Bond Counsel Letters by the Public Finance
					 Division pursuant to §
										RSA
					 402.044 of the Government Code. All
					 substantive All Bond Counsel Letters from November 1987, and selected letters
					 from before that date, are on the Attorney General's website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter B - APPROVAL OF CITY AND COUNTY GENERAL OBLIGATION BONDS › Section 53.41 - General Obligation Bond Elections

Current through Reg. 49, No. 28; July 12, 2024
The following are the minimum requirements for statutory
					 compliance and documentary composition of transcripts prerequisite to approval
					 of city, town, or county general obligation bond issues
(1) Resolution, order, or ordinance calling
				  bond election.
(A) Minutes excerpt relative
				  to call of election.
(B) Findings:
				  advisable to call bond election, etc.
(C) Recitals and directions.
(i) Election date: not less than 15 nor more
				  than 30 days from resolution date, and polling hours.
(ii) Propositions text in full (must contain
				  purpose, amount, interest rate, maximum tax levy, and maturity date on serial
				  maturity within but not exceeding 40 years, creation of sinking
				  fund).
(iii) Places of election,
				  election officers and number of clerks, absentee voting provision with days and
				  hours of polling.
(iv) Election to
				  be held in accordance with Texas Election Code, applicable general laws and
				  laws regarding municipal elections.
(v) Ballot proposition, form and method of
				  voting (paper ballots, etc.).
(vi)
				  Notice to be posted and published per Article 704.