reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter D - GRANT BUDGET REQUIREMENTS › Section 190.36 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) "Construction costs" is defined as
				  "Construction of new buildings or renovation of existing buildings (including
				  the installation of fixed equipment, but excluding the cost of land acquisition
				  and off-site improvements)." New construction, or activities that would change
				  the "footprint" of an existing facility (e.g., relocation of existing exterior
				  walls, roofs, or floors, attachment of fire escapes) is considered an allowable
				  construction cost.
(b) The
				  construction of shell space is not allowable as a construction activity since
				  shell space does not provide usable space for research activities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter D - GRANT BUDGET REQUIREMENTS › Section 190.37 - Indirect Costs

Current through Reg. 49, No. 28; July 12, 2024
Indirect costs are not allowable. The OOG will not award
					 any indirect costs.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter D - GRANT BUDGET REQUIREMENTS › Section 190.38 - Unallowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds may
				  not be used for the following:
(1) Salary and
				  fringe benefits;
(A) The grantee may not use
				  grant funds to pay any portion of the salary for a distinguished researcher or
				  other personnel, other than a one-time salary supplement as described in
				  §190.31 of these rules.
(B)
				  "Fringe benefits" is defined as allowances and services provided by the grantee
				  to its employees as compensation in addition to regular salaries and wages.
				  Fringe benefits include, but are not limited to, the costs of leave, employee
				  insurance, pensions, and unemployment benefit plans.
(C) The grantee may not use grant funds to
				  pay any portion of the salary, fringe benefits, or any other compensation for
				  an elected government official.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter F - [Repealed] PROGRAM ADMINISTRATION AND AUDIT › Section 190.55

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter F - [Repealed] PROGRAM ADMINISTRATION AND AUDIT › Section 190.56

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter F - [Repealed] PROGRAM ADMINISTRATION AND AUDIT › Section 190.57

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 190 - GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM › Subchapter F - [Repealed] PROGRAM ADMINISTRATION AND AUDIT › Section 190.58

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 198 - ADVERTISING RULES › Section 198.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Introduction.
				Pursuant to the authority granted by Texas Government Code, §
									RSA
				481.174, as amended, and the Administrative
				Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, Rulemaking,
				as amended, the Economic Development and Tourism Office in the Office of the
				Governor (Office) prescribes the following sections regarding the policies and
				procedures to be followed by the Office in selling advertisements within its
				travel promotion materials.
(b)
				Purpose. This chapter sets forth the Office policies and procedures relating to
				the sale of advertisements in the Office travel promotion materials of any
				media including print, broadcast, hi-tech venues and any other media.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 198 - ADVERTISING RULES › Section 198.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Executive Director--The
				executive director of the Office.
(2) Office--The Economic Development and
				Tourism Office in the Office of the Governor.
(3) Serving Texas--Benefitting the
				state.
(4) Texas Hospitality
				Industry--Any Texas business operating in or providing travel service to Texas,
				categorized by standard industrial category (SIC) code, as defined in the
				glossary of terms in the Office publication entitled "Travel Spending for Texas
				Communities."
(5) Texas Travel and
				Tourism Industry--Businesses with direct relationships to travel as defined in
				paragraph (4) of this section.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 198 - ADVERTISING RULES › Section 198.5 - Advertised Products and Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Acceptable Products and Services. Subject to the limitations set forth in
				subsection (b) of this section, the following products and services are
				acceptable for advertising in Office travel promotion materials:
(1) travel destinations, attractions,
				facilities and associations located in and serving Texas;
(2) products and services within the Texas
				hospitality industry;
(3)
				restaurants, retailers, and air and ground transportation services located in
				and serving Texas; and
(4) other
				sites, products, equipment, facilities and services relating to travel and
				tourism.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 198 - ADVERTISING RULES › Section 198.8 - Approval of Advertising Copy

Current through Reg. 49, No. 28; July 12, 2024
The advertiser will have final editorial and proofing
				  approval on all advertising copy prior to printing of the advertisement by the
				  Office. However, the Office reserves the right to reject advertising copy which
				  it deems inappropriate pursuant to §
									RSA
				  198.5(b) of this
				  title (relating to Advertised Products and Services) or which it considers
				  misleading or a misrepresentation of facts.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 198 - ADVERTISING RULES › Section 198.12 - Refusal To Do Business with Certain Individuals and Entities

Current through Reg. 49, No. 28; July 12, 2024
The Office reserves the right to refuse advertisements from
				  individuals or entities that discriminate against customers on the basis of
				  sex, race, color, creed, religion or national origin.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.1 - Texas Small Business Credit Initiative Capital Access Program Authority and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. Pursuant to the authority granted by the Texas Government
											  Code, Chapter 481, Subchapter BB, concerning Access to Capital Programs, and Texas Government Code, Chapter
											  2001, Subchapter B, concerning Rulemaking, the Economic Development and Tourism Office in the Office of the
											  Governor prescribes the following rules to provide definitions, procedures, and eligibility standards and
											  criteria for the Texas Small Business Credit Initiative Capital Access Program.
(b) Purpose. The purpose of this Program is to provide increased access to
											  financing for small and medium-sized businesses by providing portfolio insurance through the establishment of
											  loss reserves to reduce risk assumed by lending institutions in lending funds to Qualified Borrowers. Special
											  consideration is given to Very Small Businesses with fewer than 10 employees and businesses owned by Socially
											  and Economically Disadvantaged Individuals.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.3 - Program Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) A
											  Financial Institution seeking to participate in the Program must submit a completed application to the Office
											  through the Program Website.
(b) Upon request, an applicant
											  Financial Institution must provide any additional information the Office determines is necessary on or before
											  the fifth business day after the applicant Financial Institution receives the request for information from
											  the Office. The Office may reject an application if an applicant Financial Institution fails to provide the
											  additional information requested under this Subsection.
(c) The
											  Office shall determine the Financial Institution's eligibility to participate in the Program based on the
											  application submitted under subsection (a) of this section and any other information the Office determines is
											  necessary and requests pursuant to subsection (b) of this section. The Office has no obligation to authorize
											  an applicant Financial Institution's participation in the Program.
(d) A Financial Institution the Office determines is eligible to
											  participate in the Program must enter an Agreement with the Office. Otherwise-eligible Financial Institutions
											  that have not entered an Agreement shall not participate in the Program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.4 - Agreement

Current through Reg. 49, No. 28; July 12, 2024
To participate in the Program, a Financial Institution must enter an
													 Agreement developed by the Office.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.5 - Establishment of a Loan Loss Reserve Account

Current through Reg. 49, No. 28; July 12, 2024
(a) After entering an Agreement with the Office, a PFI making Qualified
											  Loans shall establish a Loan Loss Reserve Account to receive the premium payments described in §
										200.9
											  of this chapter (relating to Contributions to Loan Loss Reserve) from the Borrower and the PFI, and the
											  Office's matching contribution as described in §
										200.11 of this chapter (relating to State Contributions to Loan
											  Loss Reserve Accounts).
(b) The Loan Loss Reserve Account shall
											  be:
(1) used by the PFI only to cover Losses arising from a charge off of an
											  Enrolled Loan or as provided by the Agreement or this subchapter; and
(2) established in a money market fund in a Financial Institution specified
											  by the Office; the interest rate for the money market fund must be a competitive rate.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.6 - Ownership, Control, Investment of Loan Loss Reserve Account

Current through Reg. 49, No. 28; July 12, 2024
(a) All money in a Loan Loss Reserve Account established under this Program
											  is property of the State of Texas.
(b) The state is entitled to
											  all interest earned on the contributions made by the Office, Borrower, and PFI to the Loan Loss Reserve
											  Account.
(c) In accordance with the Agreement, the Office may
											  periodically withdraw the amount of interest earned from the funds in the Loan Loss Reserve
											  Account.
(d) The Office shall deposit the amount withdrawn under
											  subsection (c) of this section into an account designated by the Office.
(e) The Office may withdraw from a PFI's Loan Loss Reserve Account all
											  interest earned in the Loan Loss Reserve Account and all contributions made by the Office to the account that
											  relate to an Enrolled Loan if the Office discovers after enrollment that the Enrolled Loan involves a
											  Borrower whose business activities violate or are contrary to the requirements of this chapter or the law or
											  policies of this state or the United States.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.7 - Qualified Loan Eligibility and Approval

Current through Reg. 49, No. 28; July 12, 2024
A PFI may request to enroll a Qualified Loan under the Program if
													 the PFI determines the Qualified Loan:
(1) is for an amount equal to
											  or between $5,000 and $5,000,000;
(2) is provided to a Borrower
											  who is not an executive officer, director, or Principal of the Lender, or person with comparable official
											  capacity with or significant ownership in the PFI, or a member of the immediate family of such a
											  person;
(3) is not for a business enterprise in which a person
											  described in paragraph (2) of this section has a shared ownership, investment, or other significant pecuniary
											  interest; and
(4) is being provided to a Borrower that is a Small
											  Business that:
(A) is not engaged in speculative activities that develop
											  profits from fluctuations in price rather than through the normal course of trade unless those activities are
											  incidental to the regular activities of the business and are part of a legitimate risk management strategy to
											  guard against price fluctuations related to the regular activities of the business;
(B) does not earn more than half of its annual net revenue from lending
											  activities unless the Borrower is a Community Development Financial Institution that is not a depository
											  institution or a bank holding company or a tribal enterprise lender that is not a depository institution or a
											  bank holding company;
(C) is not engaged in pyramid sales, where
											  a participant's primary incentive is based on the sales made by an ever-increasing number of
											  participants;
(D) is not engaged in activities that are
											  prohibited by state law, federal law, or other applicable laws in the jurisdiction where the business is
											  located or conducted;
(E) at the time of loan obligation, is not
											  delinquent in any taxes owed the State of Texas, and is in good standing with the Comptroller of Public
											  Accounts; and
(F) does not derive any of its gross annual revenue
											  from gambling activities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.8 - Eligible and Restricted Uses of Texas Small Business Credit Initiative Capital Access Program Loan Proceeds

Current through Reg. 49, No. 28; July 12, 2024
(a) Borrowers must use loan proceeds for a
											  business purpose. Business purposes include, but are not limited to:
(1)
											  start-up costs;
(2) working capital;
(3) franchise fees; and
(4)
											  acquisition of equipment, inventory, or services used in the production, manufacturing, or delivery of a
											  business's goods or services, or in the purchase, construction, renovation, or tenant improvements of an
											  eligible place of business that is not for passive real estate investment purposes.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.9 - Contributions to Loan Loss Reserve

Current through Reg. 49, No. 28; July 12, 2024
(a) When
											  making a Qualified Loan for which a PFI will seek enrollment under the Program, the PFI must require the
											  Borrower to pay a premium payment that is:
(1) For SEDI-owned businesses and
											  Very Small Businesses, at least 1 percent but not more than 3.5 percent of the principal amount of the
											  Qualified Loan; or
(2) For all other Borrowers, at least 1
											  percent but not more than 2.5 percent of the principal amount of the Qualified Loan.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.10 - Procedure for Enrollment of a Qualified Loan

Current through Reg. 49, No. 28; July 12, 2024
(a) A PFI may seek to enroll a Qualified Loan by:
(1) submitting a Qualified Loan enrollment application through the Program
											  Website on or before the fifteenth business day after the date loan funds were dispersed to the
											  Borrower;
(2) making required certifications; and
(3) providing documentation to the Office establishing that the premiums
											  required by §
											200.9 of this chapter (relating to Contributions to Loan Loss
											  Reserve), have been deposited in the Loan Loss Reserve Account specified in §
											200.5
											  of this chapter (relating to Establishment of a Loan Loss Reserve Account).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.11 - State Contributions to Loan Loss Reserve Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to subsection (b) of this section, for each Enrolled Loan, the
											  Office shall deposit an amount equal to the premiums deposited by a PFI under §
										200.9(c) of this chapter (relating to
											  Contributions to Loan Loss Reserve).
(b) The Office shall not
											  deposit the amount specified in subsection (a) of this section if:
(1) the
											  Fund does not contain an amount of money greater than or equal to the contribution;
(2) the amount of money in the PFI's Loan Loss Reserve is greater than or
											  equal to 100 percent of the aggregate amount of outstanding principal on all the PFI's Enrolled
											  Loans;
(3) the contribution per Enrolled Loan would be more than
											  the lesser of $350,000 or the premium amount authorized pursuant to §
											200.9
											  of this chapter; or
(4) the contribution would result in more
											  than a total of $1,500,000 from the Fund to be contributed to the Loan Loss Reserve Account for a single
											  Qualified Business during any three-year period.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.12 - Procedure for Making a Claim for Reimbursement for Charging Off of an Enrolled Loan

Current through Reg. 49, No. 28; July 12, 2024
(a) If a PFI charges off all or part of an Enrolled Loan because of a
											  default by the Borrower, the PFI may claim reimbursement for all or part of the Loss incurred by requesting
											  reimbursement for the charged off loan through the Program Website and providing all information and
											  documentation required by the Office. The Office may notify the PFI of any deficiencies in the PFI's claim
											  for reimbursement.
(b) The PFI must make the claim:
(1) only after exercising due care and diligent efforts to liquidate the
											  loan collateral, realize the personal or other financial guarantees, or otherwise recover on the
											  loan;
(2) on or before the 180th day after charging off the loan;
											  and
(3) not before the first anniversary of the PFI's enrollment
											  of the loan in the Program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.13 - Payment of Claims by the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
											  subsection (b) of this section, and in accordance with the Agreement, the Office shall reimburse a PFI for
											  Losses claimed under the procedure described in §
										200.12 of this chapter (relating to Procedure for Making a Claim
											  for Reimbursement for Charging Off of an Enrolled Loan).
(b) The
											  Office may reject a claim in part or in full if:
(1) the Office, in its sole
											  discretion, determines:
(A) the representations and warranties provided by
											  the PFI in the Agreement were false;
(B) the representations and
											  warranties provided by the PFI at the time of enrolling the Qualified Loan were misleading or
											  false;
(C) the PFI did not exercise due care and diligent efforts
											  to liquidate the loan collateral, realize the personal or other financial guarantees, or otherwise recover on
											  the loan;
(D) the documentation provided by the PFI does not
											  substantiate the claim;
(E) reimbursing the claim would violate
											  state or federal law or policy; or
(F) other good cause exists;
											  or
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.14 - Recoveries on Loans Subsequent to Payment of Claim

Current through Reg. 49, No. 28; July 12, 2024
If the PFI recovers on a debt from a Borrower after the Office
													 reimburses a Loss pursuant to §
										200.13 of this chapter (relating to Payment of Claims by the
													 Office), the PFI shall promptly repay into the Loan Loss Reserve Account the amount the PFI recovered, up to
													 the amount of the reimbursement.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.15 - Withdrawal from Program; Termination of Participation in Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may terminate enrollment of Qualified Loans under the
											  Program:
(1) on the date specified in the Office's notice of termination to
											  the PFI; or
(2) upon 90 days' notice, or an earlier date if the
											  balance in the Fund reaches zero or the Office anticipates that the balance in the Fund will reach
											  zero.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.16 - Excessive Annual Claims Rate by a Participating Financial Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may disallow a PFI whose annual claims rates exceed 6
											  percent from enrolling any additional Qualified Loans if the Office determines the PFI's practices do not
											  meet Program standards or it is using the Program to offset the costs of a high default rate.
(b) The claims rate shall be measured by either claim amounts made against
											  total capital or the number of claims made on the total number of loans in a twelve-month period.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.17 - Inspection of Files

Current through Reg. 49, No. 28; July 12, 2024
Upon reasonable notice to the PFI, the Office may inspect a PFI's
													 files relating to Enrolled Loans at any time during normal business hours.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.18 - Reports to the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) PFIs shall provide reports
											  to the Office in accordance with the Agreement.
(b) The Office
											  may suspend enrollment of future loans of a PFI that fails to comply with reporting requirements prescribed
											  by this Section.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.19 - Administrative Costs of Program

Current through Reg. 49, No. 28; July 12, 2024
The Office may charge actual and necessary administrative expenses
													 in operating the Program to the Fund.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter A - TEXAS SMALL BUSINESS CREDIT INITIATIVE CAPITAL ACCESS PROGRAM › Section 200.20 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
The Chief of Staff or designee may suspend or waive any provision
													 not statutorily imposed, in whole or in part, upon the showing of good cause or when, at the discretion of
													 the Chief of Staff or designee, the particular facts or circumstances render such waiver of the Section
													 appropriate in each instance.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.101 - Texas Small Business Credit Initiative Loan Guarantee Program Authority and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. Pursuant to the authority granted by the Texas Government
											  Code, Chapter 481, Subchapter BB, concerning Access to Capital Programs, and Texas Government Code, Chapter
											  2001, Subchapter B, concerning Rulemaking, the Economic Development and Tourism Office in the Office of the
											  Governor prescribes the following rules to provide definitions, procedures, and eligibility standards and
											  criteria for the Texas Small Business Credit Initiative Loan Guarantee Program.
(b) Purpose. The purpose of this Program is to provide increased access to
											  financing for small and medium-sized businesses by guaranteeing portions of loans enrolled into the Program
											  by Participating Financial Institutions. Special consideration is given to Very Small Businesses with fewer
											  than 10 employees and businesses owned by Socially and Economically Disadvantaged Individuals.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter, shall
													 have the following meanings, unless the context clearly indicates otherwise:
(1) Agreement--A contract between a Financial Institution and the Office
											  that authorizes the Financial Institution to participate in the Program and establishes, in accordance with
											  §
										200.104 of this chapter (relating to Agreement), the terms
											  required for the Financial Institution's participation.
(2)
											  Borrower--A Qualified Business that has received a Qualified Loan from a Participating Financial
											  Institution.
(3) Enrolled Loan--A Qualified Loan enrolled in the
											  Program as described in §
										200.107 of this chapter (relating to Loan Guarantee Maximums;
											  Procedure for Enrollment of a Qualified Loan).
(4) Financial
											  Institution--An insured depository institution, insured credit union, or Community Development Financial
											  Institution, as each of those terms is defined in 12
											  U.S.C. §
											4702.
(5)
											  Fund--The Texas Small Business Credit Initiative Loan Guarantee Fund.
(6) Guaranteed Amount--The amount of principal of an Enrolled Loan that is
											  guaranteed by the Office.
(7) Loss--Any original principal amount
											  due and not paid and not in excess of the Guaranteed Amount of the Qualified Loan.
(8) Office--The Economic Development and Tourism Office in the Office of
											  the Governor.
(9) Participating Financial Institution or PFI--A
											  Financial Institution authorized to conduct business in the State of Texas that has adequate capacity, as
											  determined by the Office in its sole discretion, to underwrite and monitor loans and has executed an
											  Agreement with the Office to participate in the Program.
(10)
											  Principal of a Borrower--A person, other than an insured bank, that directly or indirectly, or acting through
											  or in concert with one or more persons, owns, controls, or has the power to vote more than 10 percent of any
											  class of voting securities of a member bank or company. Shares owned or controlled by a member of an
											  individual's immediate family are considered to be held by the individual.
(11) Principal of a Lender--The principal of a lender is:
(A) If a sole proprietorship, the proprietor;
(B) If a partnership, each partner; and
(C) If a corporation, limited liability company, association or a
											  development company, each director, each of the five most highly compensated executives, officers or
											  employees of the entity, and each direct or indirect holder of twenty percent or more of the ownership stock
											  or stock equivalent of the entity.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.103 - Program Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) A
											  Financial Institution seeking to participate in the Program must submit a completed application to the Office
											  through the Program Website.
(b) Upon request, an applicant
											  Financial Institution must provide any additional information the Office determines is necessary on or before
											  the fifth business day after the applicant Financial Institution receives the request for information from
											  the Office. The Office may reject an application if an applicant Financial Institution fails to provide the
											  additional information requested under this subsection.
(c) The
											  Office shall determine the Financial Institution's eligibility to participate in the Program based on the
											  application submitted under subsection (a) of this section and any other information the Office determines is
											  necessary and requests pursuant to subsection (b) of this section. The Office has no obligation to authorize
											  an applicant Financial Institution's participation in the Program.
(d) A Financial Institution the Office determines is eligible to
											  participate in the Program must enter an Agreement with the Office. Otherwise-eligible Financial Institutions
											  that have not entered an Agreement shall not participate in the Program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.104 - Agreement

Current through Reg. 49, No. 28; July 12, 2024
To participate in the Program, a Financial Institution must enter an
													 Agreement developed by the Office.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.105 - Qualified Loan Eligibility and Approval

Current through Reg. 49, No. 28; July 12, 2024
A PFI may request to enroll a Qualified Loan under the Program if
													 the PFI determines the Qualified Loan:
(1) is for an amount equal to
											  or between $5,000 and $20,000,000;
(2) is provided to a Borrower
											  who is not an executive officer, director, or Principal of the Lender, or person with comparable official
											  capacity with or significant ownership in the PFI, or a member of the immediate family of such a
											  person;
(3) is not for a business enterprise in which a person
											  described in paragraph (2) of this section has a shared ownership, investment, or other significant pecuniary
											  interest; and
(4) is being provided to a Borrower that is a Small
											  Business that:
(A) is not engaged in speculative activities that develop
											  profits from fluctuations in price rather than through the normal course of trade unless those activities are
											  incidental to the regular activities of the business and are part of a legitimate risk management strategy to
											  guard against price fluctuations related to the regular activities of the business;
(B) does not earn more than half of its annual net revenue from lending
											  activities unless the Borrower is a Community Development Financial Institution that is not a depository
											  institution or a bank holding company or a tribal enterprise lender that is not a depository institution or a
											  bank holding company;
(C) is not engaged in pyramid sales, where
											  a participant's primary incentive is based on the sales made by an ever-increasing number of
											  participants;
(D) is not engaged in activities that are
											  prohibited by state law, federal law, or other applicable laws in the jurisdiction where the business is
											  located or conducted;
(E) at the time of loan obligation, is not
											  delinquent in any taxes owed the State of Texas, and is in good standing with the Comptroller of Public
											  Accounts; and
(F) does not derive any of its gross annual revenue
											  from gambling activities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.106 - Eligible and Restricted Uses of Texas Small Business Credit Loan Guarantee Program Loan Proceeds

Current through Reg. 49, No. 28; July 12, 2024
(a) Borrowers must use loan proceeds for a
											  business purpose. Business purposes include, but are not limited to:
(1)
											  start-up costs;
(2) working capital;
(3) franchise fees; and
(4)
											  acquisition of equipment, inventory, or services used in the production, manufacturing, or delivery of a
											  business's goods or services, or in the purchase, construction, renovation, or tenant improvements of an
											  eligible place of business that is not for passive real estate investment purposes.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.107 - Loan Guarantee Maximums; Procedure for Enrollment of a Qualified Loan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may provide the following Guaranteed Amounts:
(1) for SEDI-owned businesses and Very Small Businesses, up to 80 percent
											  of Losses on an Enrolled Loan; or
(2) for all other Borrowers, up
											  to 50 percent of Losses on an Enrolled Loan.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.108 - Encumbrance of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to subsection (b) of
											  this section, for each Enrolled Loan, the Office shall encumber an amount in the Fund up to the Guaranteed
											  Amount specified in §
										200.107 of this chapter (relating to Loan Guarantee Maximums;
											  Procedure for Enrollment of a Qualified Loan) for the Enrolled Loan and attribute that encumbrance to the
											  Enrolled Loan.
(b) The Office shall not encumber the full amount
											  specified in subsection (a) of this section if:
(1) the Fund does not
											  contain an amount of money greater than or equal to the amount to be encumbered, in which case the Office may
											  encumber up to the balance of the Fund; or
(2) the amount to be
											  encumbered is more than $4,000,000, in which case the Office may encumber up to $4,000,000.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.109 - Procedure for Making a Claim for Reimbursement for Charging Off of an Enrolled Loan

Current through Reg. 49, No. 28; July 12, 2024
(a) If a PFI charges off all or part of an Enrolled Loan because of a
											  default by the Borrower, the PFI may claim reimbursement for all or part of the Loss incurred by requesting
											  reimbursement for the charged off loan through the Program Website and providing all information and
											  documentation required by the Office. The Office may notify the PFI of any deficiencies in the PFI's claim
											  for reimbursement.
(b) The PFI must make the claim:
(1) only after exercising due care and diligent efforts to liquidate the
											  loan collateral, realize the personal or other financial guarantees, or otherwise recover on the
											  loan;
(2) on or before the 180th day after charging off the loan;
											  and
(3) not before the first anniversary of the PFI's enrollment
											  of the loan in the Program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.110 - Payment of Claims by the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to
											  subsection (b) of this section, and in accordance with the Agreement, the Office shall reimburse a PFI for
											  Losses claimed under the procedure described in §
										200.109 of this chapter (relating to Procedure for Making a
											  Claim for Reimbursement for Charging Off of an Enrolled Loan).
(b) The Office may reject a claim in part or in full if:
(1) the Office, in its sole discretion, determines:
(A) the representations and warranties provided by the PFI in the Agreement
											  were misleading or false;
(B) the representations and warranties
											  provided by the PFI at the time of enrolling the Qualified Loan were misleading or false;
(C) the PFI did not exercise due care and diligent efforts to liquidate the
											  loan collateral, realize the personal or other financial guarantees, or otherwise recover on the
											  loan;
(D) the documentation provided by the PFI does not
											  substantiate the claim;
(E) reimbursing the claim would violate
											  state or federal law or policy; or
(F) other good cause exists;
											  or
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.111 - Recoveries on Loans Subsequent to Payment of Claim

Current through Reg. 49, No. 28; July 12, 2024
If the PFI recovers on a debt from a Borrower after the Office
													 remits a Guaranteed Amount pursuant to §
										200.110 of this chapter (relating to Payment of Claims by the
													 Office), the PFI shall promptly repay the Office the money remitted to the PFI for the Loss, up to the amount
													 of the remittance.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.112 - Withdrawal from Program; Termination of Participation in Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may terminate enrollment of Qualified Loans under the
											  Program:
(1) on the date specified in the Office's notice of termination to
											  the PFI; or
(2) upon 90 days' notice, or an earlier date if the
											  balance in the Fund reaches zero or the Office anticipates that the balance in the Fund will reach
											  zero.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.113 - Excessive Annual Claims Rate by a Participating Financial Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office may disallow a PFI whose annual claims rates exceed 6
											  percent from enrolling any additional Qualified Loans if the Office determines the PFI's practices do not
											  meet Program standards or it is using the Program to offset the costs of a high default rate.
(b) The claims rate shall be measured by either claim amounts made against
											  total capital or the number of claims made on the total number of loans in a twelve-month period.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.114 - Inspection of Files

Current through Reg. 49, No. 28; July 12, 2024
Upon reasonable notice to the PFI, the Office may inspect a PFI's
													 files relating to Enrolled Loans at any time during normal business hours.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.115 - Reports to the Office

Current through Reg. 49, No. 28; July 12, 2024
(a) PFIs shall
											  provide reports to the Office in accordance with the Agreement.
(b) The Office may suspend enrollment of future loans of a PFI that fails
											  to comply with reporting requirements prescribed by this section.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.116 - Administrative Costs of Program

Current through Reg. 49, No. 28; July 12, 2024
The Office may charge actual and necessary administrative expenses
													 in operating the Program to the Fund.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 5 - OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE › Chapter 200 - TEXAS SMALL BUSINESS CREDIT INITIATIVE › Subchapter B - TEXAS SMALL BUSINESS CREDIT INITIATIVE LOAN GUARANTEE PROGRAM › Section 200.117 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
The Chief of Staff or designee may suspend or waive any provision
													 not statutorily imposed, in whole or in part, upon the showing of good cause or when, at the discretion of
													 the Chief of Staff or designee, the particular facts or circumstances render such waiver of the section
													 appropriate in each instance.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 1 - TEXAS STATE LIBRARY AND ARCHIVES COMMISSION › Chapter 1 - LIBRARY DEVELOPMENT › Subchapter A - LIBRARY SERVICES AND TECHNOLOGY ACT STATE PLAN › Section 1.21 - State Plan for the Library Services and Technology Act in Texas

Current through Reg. 49, No. 28; July 12, 2024
The Texas State Library and Archives Commission adopts by
					 reference the State Plan for the Library Services and Technology Act in Texas FFY
					 2023-2027.