reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 10 - TRANSPARENCY › Subchapter A - ANNUAL REPORT OF FINANCIAL INFORMATION BY POLITICAL SUBDIVISION › Section 10.5 - Alternative Form of Financial Information for Report; Alternative Reporting Option Available for Certain Types of Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) A political subdivision that is a
				  district as defined by Water Code, §
										49.001, complies with the
				  requirements of this subchapter if the district, on an annual basis, complies
				  with the requirements of Water Code, Chapter 49, Subchapter G, regarding audit
				  reports, affidavits of financial dormancy, and annual financial reports, and:
(1) submits the financial documents described
				  in this subsection to the comptroller in the form and manner prescribed by the
				  comptroller, on an annual basis and within 180 days of the end of the most
				  recently completed fiscal year;or
(2) ensures that such documents are made
				  available at a regular office of the district for inspection by any person and,
				  if the district maintains an Internet website, that the documents are posted
				  continuously for public viewing on the district's Internet website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 10 - TRANSPARENCY › Subchapter A - ANNUAL REPORT OF FINANCIAL INFORMATION BY POLITICAL SUBDIVISION › Section 10.6 - Comptroller Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
				  shall post on the comptroller's Internet website financial information and
				  documents submitted under this subchapter, and any other information the
				  comptroller considers relevant or necessary to fulfill its obligations under
				  Local Government Code, §
										140.008, in the
				  format that the comptroller determines to be appropriate and feasible subject
				  to any limitations on the availability of such information to the comptroller,
				  any limitations on format compatibility, and ability to comply with applicable
				  technical accessibility standards and specifications set forth in the
				  comptroller's electronic and information resources accessibility policy, which
				  can be viewed on the comptroller's website at:
https://comptroller.texas.gov/about/policies/accessibility.php
.
(b) The comptroller is committed to making
				  its website and all electronic and information resources accessible to persons
				  with disabilities by applying principles of accessibility and usability design
				  to its information collection and publication practices. Accordingly, the
				  comptroller shall require documents and other information submitted to it under
				  this subchapter to comply with the accessibility standards and specifications
				  described in 1 TAC Chapters 206 and 213, and reserves the right to reject
				  non-compliant submissions. Moreover, the comptroller shall post information and
				  documents submitted to it under this subchapter to the comptroller's Internet
				  website to the extent that doing so complies with applicable technical
				  accessibility standards and specifications established in the electronic and
				  information resources accessibility policy adopted by the comptroller under
				  other law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 11 - GOVERNMENT GROWTH IMPACT STATEMENT › Section 11.1 - Government Growth Impact Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				following words and terms, when used in this section, shall have the following
				meanings, unless the context clearly indicates otherwise.
(1) Regulation--A rule.
(2) Rule--
(A) a state agency statement of general
				applicability that:
(i) implements,
				interprets, or prescribes law or policy; or
(ii) describes the procedure or practice
				requirements of a state agency;
(B) includes the amendment or repeal of a
				prior rule; and
(C) does not
				include a statement regarding only the internal management or organization of a
				state agency and not affecting private rights or procedures.
(3) State agency--A state officer,
				board, commission, or department with statewide jurisdiction that makes rules
				or determines contested cases. The term includes the State Office of
				Administrative Hearings for the purpose of determining contested cases, and, to
				the extent provided by Labor Code, Title 5 (Workers' Compensation), the Texas
				Department of Insurance, as regards proceedings and activities under Labor
				Code, Title 5, of the department, the commissioner of insurance, or the
				commissioner of workers' compensation. The term does not include:
(A) a state agency wholly financed by federal
				money;
(B) the
				legislature;
(C) the courts;
				or
(D) an institution of higher
				education.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 12 - ECONOMIC GROWTH › Subchapter A - GENERAL DEFINITIONS › Section 12.1 - 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) "Comptroller" means the
				  Comptroller of Public Accounts, and any division or entity within the Office of
				  the Comptroller or managed by the comptroller.
(2) "Person" means an individual or
				  corporation, organization, government or governmental subdivision or agency,
				  business trust, estate, trust, partnership, association, and any other legal
				  entity.
(3) "Staff" means employees
				  of the comptroller selected by the comptroller to serve on behalf of the
				  comptroller or assist in the performance of duties delegated to the
				  comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 12 - ECONOMIC GROWTH › Subchapter B - ADVISORY COMMITTEES › Section 12.51 - 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) "Act" means Government
				  Code, Chapter 490E, as adopted by Senate Bill 2534, 81st Legislature,
				  2009.
(2) "Advisory committee"
				  means an advisory committee created pursuant to the Act.
(3) "Representatives of affected landowners"
				  means a person:
(A) that owns a significant
				  interest in real property within the geographic area that is the focus of the
				  advisory committee;
(B) an
				  individual designated as a representative by a person identified in
				  subparagraph (A) of this paragraph; or
(C) an individual or individuals designated
				  by an association or organization that is known to represent the interests of
				  persons identified in subparagraph (A) of this paragraph.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 12 - ECONOMIC GROWTH › Subchapter B - ADVISORY COMMITTEES › Section 12.52 - Advisory Board Creation, Purpose and Composition

Current through Reg. 49, No. 28; July 12, 2024
(a) With the advice of the task force, the
				  comptroller may create advisory committees to assist the task force with its
				  work. The comptroller may prepare and provide to the task force an advisory
				  committee framework statement that identifies:
(1) the purpose and task of the advisory
				  committee;
(2) the geographic area
				  which will be the focus of an advisory committee;
(3) proposed members to the advisory
				  committee in accord with subsection (b) of this section, identifying one of
				  such members to serve as interim presiding officer;
(4) the method and time for the advisory
				  committee to submit its recommendations to the comptroller and task
				  force;
(5) timelines for the
				  completion of work of the committee; and
(6) any other matter that the comptroller
				  determines to be necessary or appropriate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 12 - ECONOMIC GROWTH › Subchapter B - ADVISORY COMMITTEES › Section 12.53 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory committee is required to
				  meet as often as necessary to complete the work of the committee.
(b) Meetings shall be called by the advisory
				  committee's presiding officer.
(c)
				  Meetings shall be subject to the requirements of the Open Meetings
				  Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 12 - ECONOMIC GROWTH › Subchapter B - ADVISORY COMMITTEES › Section 12.54 - General Advisory Board Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  advisory committee shall provide advice and recommendations to the task force
				  by identifying cost-efficient and effective recommendations for economic
				  development and Endangered Species Act compliance in the geographic area
				  designated in its framework.
(b) An
				  advisory committee may provide advice and recommendations to the task force
				  regarding such other matters as designated in its framework.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.3 - Knowledge of Owner

Current through Reg. 49, No. 28; July 12, 2024
A holder of unclaimed property may establish its knowledge of
				  the existence or whereabouts of the owner of that property by recording any
				  owner-generated activity relating to that property. The mailing of a statement,
				  confirmation, or other correspondence by a holder of unclaimed property to the
				  last-known address of the owner of that property and the nonreturn of such mail
				  to the holder is insufficient to establish that the holder has knowledge of the
				  existence or whereabouts of the owner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.4 - Report and Delivery of Certain Tangible Personal Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Tangible personal property shall be
				reported in the manner prescribed in the current Comptroller's Unclaimed
				Property Reporting Instructions. For tangible personal property other than the
				contents of a safety deposit box, a holder shall, at the time of making a
				property report, separately provide to the comptroller an inventory of the
				property that:
(1) clearly describes the
				property being reported; and
(2)
				identifies whether the property is contaminated by biohazardous or other
				medical waste.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.5 - Reportability of Worthless and Non-Freely Transferable Securities

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Non-freely transferable security--A security that cannot be delivered to the
				comptroller by a custodian of securities providing post-trade clearing and
				settlement services to financial markets, a security that cannot be delivered
				to the comptroller because there is no agent to effect transfer, or a security
				that the comptroller may not purchase or hold as an investment under any
				applicable law. The term includes a worthless security.
(2) Worthless security--A security with a
				market value of zero or whose cost of liquidation and delivery to the
				comptroller would exceed the value of the security on the date a report is due
				under Property Code, Chapter 74. A worthless security includes a warrant, right
				or other option whose expiration dates have passed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.6 - Minimum Requirements for a Claim

Current through Reg. 49, No. 28; July 12, 2024
A claim under Property Code, Chapter 74, Subchapter F, must
				  identify:
(1) the name of each
				claimant;
(2) the mailing address
				for each claimant;
(3) the social
				security number or employer identification number of each claimant, or a
				statement that a claimant does not have such a number; and
(4) each specific property in the possession
				of the comptroller that is being claimed by reference to the unique property
				identification number assigned to each claimed property by the
				comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.7 - Identification of Claimed Property; Burden

Current through Reg. 49, No. 28; July 12, 2024
A person making a claim for property under Property Code,
				  Title 6, has the burden to identify each specific property or properties in the
				  possession of the comptroller to which the person is making a
				  claim.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.8 - Certain Mineral Proceeds; Supporting Documentation Required

Current through Reg. 49, No. 28; July 12, 2024
(a) For mineral proceeds reported to the
				comptroller as having an unknown or unidentified owner, a person making a claim
				for the mineral proceeds must, in addition to the requirements of § 13.6
				of this title (relating to Minimum Requirements for a Claim), include
				documentation demonstrating that the claimant either:
(1) was the owner of the underlying mineral
				interest or had an interest, whether possessory or non-possessory, in the
				mineral proceeds at the time the minerals were produced; or
(2) is the legal heir or successor in title
				of the person who was the owner of the underlying mineral interest, whether
				possessory or non-possessory, or who had an interest in the mineral proceeds at
				the time the minerals were produced.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.9 - Documentation Requirements to Establish Heirship

Current through Reg. 49, No. 28; July 12, 2024
(a) A person making a claim for unclaimed
				property reported to the comptroller as a legal heir of a reported owner or of
				the reported owner's heirs or devisees must submit the following documentation:
(1) for claims equal to or less than $5,000,
				a copy of an affidavit of heirship from two disinterested witnesses attesting
				to the family history of each deceased owner, heir, or devisee, through whom
				the claimant is claiming legal heirship;
(2) for claims greater than $5,000 but equal
				to or less than $10,000, a copy of an affidavit of heirship from two
				disinterested witnesses attesting to the family history of each deceased owner,
				heir, or devisee, through whom the claimant is claiming legal heirship that has
				been recorded in the county in which the decedent died or was residing at the
				time of the decedent's death;
(3)
				for claims greater than $10,000 but equal to or less than $75,000, a small
				estate affidavit that substantially complies with the requirements of Estates
				Code, Chapter 205; or
(4) for
				claims greater than $75,000, a judicial determination of heirship.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.10 - Durable Powers of Attorney

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				holding a durable power of attorney who makes a claim on behalf of a reported
				owner or other person must, in addition to presenting a copy of the durable
				power of attorney, provide the comptroller with a statement from a physician
				attending the principal that states that the claimant is presently disabled or
				incapacitated.
(b) Before accepting
				a durable power of attorney the comptroller may require the agent presenting
				the power of attorney to provide an agent's certification that substantially
				complies with Estates Code, §751.203.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.16 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Government Code, Chapters 411, 811, and
				  821, and Texas Labor Code, Chapter 301, §§
									13.17,
				  13.18
				  and
				  13.19 of
				  this title (relating to Definitions, Provisions of Information to the
				  Comptroller, and Limitations) apply to all state agencies for the purpose of
				  assisting the comptroller in the identification of persons entitled to
				  unclaimed property reported to the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.17 - 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) "Agency" means the
				Department of Public Safety, Employees Retirement System, Teacher Retirement
				System, and the Texas Workforce Commission.
(2) "Comptroller" means the Comptroller of
				Public Accounts.
(3) "Information"
				means the name, address, social security number, date of birth, driver's
				license or state identification number, and any other information the
				comptroller believes will aid its efforts to locate persons with unclaimed
				property reported to the comptroller.
(4) "Transfer" means transferred
				electronically over secure format.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.18 - Provisions of Information to the Comptroller

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency shall transfer to the
				comptroller all information not later than June 1. A state agency may transfer
				information to the comptroller more often than one time per year. A state
				agency may periodically update previously transferred information as often as
				the comptroller and state agency deem necessary.
(b) A state agency shall transfer information
				in a format that recognizes the security concerns of transmitting the
				information. The comptroller and state agencies shall take precautions to
				protect the confidentiality of the information transferred. The comptroller and
				state agencies shall work collaboratively to develop the means and processes to
				securely transfer information from the state agencies to the
				comptroller.
(c) After using the
				information provided by the state agencies to identify persons that may have
				claims to unclaimed property held by the comptroller, the comptroller may purge
				the information from its systems provided that the purging of the information
				takes into account the security, sensitivity and confidentiality of the
				information to be purged.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.19 - Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Nothing in §§
									13.16,
				13.17,
				13.18
				and 13.19 of this title (relating to Applicability, Definitions, Provisions of
				Information to the Comptroller, and Limitations) requires a state agency to
				search for or transfer information held outside its normal course of
				business.
(b) Information provided
				to the comptroller is confidential and may not be disclosed to the
				public.
(c) The comptroller shall
				use the information provided by the state agencies exclusively for the purposes
				of identifying persons entitled to unclaimed property reported to the
				comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 13 - UNCLAIMED PROPERTY REPORTING AND COMPLIANCE › Section 13.21 - Property Report Format

Current through Reg. 49, No. 28; July 12, 2024
(a) Property
				report(s) filed by a holder pursuant to Property Code, Chapters 72-75 and 77,
				shall be submitted to the comptroller in the NAUPA Standard Electronic File
				format prescribed in the Comptroller's Unclaimed Property Reporting
				Instructions. A property report filed under this title must be filed
				electronically via one of the online submission methods specified in the
				Comptroller's Unclaimed Property Reporting Instructions.
(b) Information contained in property
				report(s) shall comply with the data entry standards for property type,
				securities delivery and country codes, owner name and property description
				fields, and abbreviations of owner title and common terms as specified in the
				Unclaimed Property Reporting Instructions.
(c) Incomplete reports and reports not
				meeting the format specifications described above will be rejected by the
				comptroller and returned to the holder for correction. The comptroller will
				keep a copy of any report that is returned for correction.
(d) Information shall be submitted in a
				format that is accessible by the comptroller's office. Reports that are
				encrypted, corrupted, or otherwise inaccessible will be rejected by the
				comptroller and returned to the holder for correction. The comptroller will
				keep a copy of any report that is returned for correction.
(e) When a report is rejected, the
				responsible holder shall submit a revised, complete, accessible and properly
				formatted report to the comptroller no later than 30 calendar days after
				notification of the rejection.
(f)
				If a complete, accessible, and properly formatted report is not resubmitted
				within 30 calendar days after notification of the rejection, the holder will be
				considered delinquent and subject to interest and civil penalties and criminal
				charges in Property Code, Chapter 74, Subchapter H, until a complete and
				properly formatted report is submitted to the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
As used in this chapter and in these rules, the following
				  words and terms shall have the following meanings, unless the context clearly
				  indicates otherwise:
(1) Account
				services--Are those services and transactions performed by a depository agent
				that are made in connection with creating, transferring, clearing, settling, or
				liquidating the rights and interests of a depository account holder in a
				depository account.
(A) Account services
				include:
(i) assisting retail customers in
				opening or creating a depository account;
(ii) accepting deposits from depository
				account holders on behalf of the depository;
(iii) processing withdrawal
				requests;
(iv) assisting retail
				customers in transferring depository account balances;
(v) assisting retail customers in closing a
				depository account; and
(vi)
				otherwise accessing the depository account of a depository account holder to
				help manage the account on behalf of the depository account holder.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.2 - Standards for Deposit

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				depository determines that doing so is necessary to ensure compliance with the
				law, prevent fraud, or otherwise protect the interests of the depository, this
				state, its agencies, or political subdivisions of this state, the depository
				may:
(1) refuse to open a depository account
				for any person, whether acting in the person's own right, as trustee, or in
				another fiduciary capacity;
(2)
				deny, refuse, or return any deposit of bullion or specie;
(3) close or otherwise terminate without
				notice the depository account of any person; or
(4) refuse to honor a request for the
				transfer of an account or account balance.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.4 - Transfer of Depository Account Balances

Current through Reg. 49, No. 28; July 12, 2024
(a) As provided by the depository account
				agreement, a depository account holder may transfer any portion of a precious
				metal as is available in the depository account holder's depository account to
				another depository account or any other person. A transfer request must be made
				using a form prescribed by the depository. The form prescribed by the
				depository may be electronic and must be submitted either on the depository
				website or in person to the depository or a depository agent as provided in the
				account agreement and in accordance with policies established by the
				depository. All transfers must be made in units of troy ounces pure or other
				applicable weights and measures as established by the depository.
(b) If a payee under this section is a
				depository account holder, the depository shall adjust the depository account
				balances to reflect the transfer by reducing the payor's depository account
				balance and increasing the depository account balance of the payee
				accordingly.
(c) If a payee under
				this section is not a depository account holder, upon receipt of a valid
				transfer request, the depository shall at the option of the payee:
(1) deliver to the payee the amount of
				precious metals transferred by the transfer request, minus any applicable fees;
				or
(2) if the payee is otherwise
				eligible to open a depository account under applicable laws and regulations,
				allow the payee to establish a depository account and credit the balance of the
				payee's account accordingly.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.5 - Establishment of Depository Accounts

Current through Reg. 49, No. 28; July 12, 2024
To establish a depository account, a depositor must complete
				  an account application form and provide the documentation necessary to
				  establish that the depositor is eligible to open a depository account under
				  applicable law and depository written policy. Submission of a signed
				  application constitutes acceptance of the terms applicable to the depository
				  account, and the depository shall not be required to execute the contract in
				  order for the contract to be effective.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.6 - Electronic and Digital Signatures

Current through Reg. 49, No. 28; July 12, 2024
The execution of a contract for a depository account may be
				  made by electronic or digital transmission in a manner prescribed by the
				  depository.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.7 - Amendment of Account Agreement; Notices

Current through Reg. 49, No. 28; July 12, 2024
The depository and the depository account holder may amend
				  the account agreement by mutual consent, or the depository may amend the
				  deposit contract by providing thirty days written notice of the amendment to
				  the account holder. The depository may provide the required notice by sending
				  the notice by e-mail or via its website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.8 - Account Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) The depository
				may provide periodic account statements to depository account holders. As
				provided in the depository account agreement, upon receipt of an account
				statement the depository account holder is responsible for:
(1) promptly examining each account statement
				received from the depository; and
(2) giving notice of any discrepancy in the
				account statement to the depository within thirty days of the date of the
				account statement.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.9 - Fees; Service Charges; Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The comptroller may set fees, service charges, and penalties to be charged a
				depository account holder for services or activities regarding a depository
				account, including fees for an overdraft, an insufficient fund check or draft,
				or a stop payment order. The comptroller may set or change the fees established
				under this rule by publishing the applicable fees on the depository website and
				by sending a notice of any change in fees to depository account holders. The
				notice may be sent electronically.
(b) The depository may without notice to or
				consent of the depository account holder suspend withdrawal privileges for a
				depository account or liquidate all or any portion of a depository account to
				the extent necessary to satisfy any unpaid fees, service charges or penalties
				as outlined in the depository account agreement or as provided in §
									14.12
				of this title (relating to Applicability of Estates Code).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.10 - Transfer of Depository Account

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				depository account may be transferred to another person only on presentation to
				the depository of:
(1) evidence of transfer
				satisfactory to the depository; and
(2) an application for the transfer submitted
				by the person to whom the depository account is to be transferred.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.11 - Lien on Depository Account

Current through Reg. 49, No. 28; July 12, 2024
(a) Without
				the need of any further agreement or pledge, the depository has a lien on each
				depository account owned by a depository account holder to secure any fees,
				charges, or other obligations owed or that may become owed to the depository in
				connection with any of the depository account holder's depository
				accounts.
(b) On default in the
				payment or in the satisfaction of a depository account holder's obligation, the
				depository, without notice to or consent of the depository account holder, may,
				to the extent necessary to pay or satisfy the obligation, plus any applicable
				fees:
(1) transfer on the depository's books
				all or part of the balance of a depository account;
(2) liquidate all or part of the balance of a
				depository account; or
(3) suspend
				withdrawal privileges for all or part of a depository account.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.12 - Applicability of Estates Code

Current through Reg. 49, No. 28; July 12, 2024
The applicable provisions of Estates Code, Chapters 111, 112,
				  and 113, govern a depository account. To be effective, the designation or
				  revocation of rights of survivorship, payment on death, or transfer on death,
				  must be on forms prescribed by the depository unless otherwise provided by
				  law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.13 - Powers of Attorney

Current through Reg. 49, No. 28; July 12, 2024
To be effective, a power of attorney by a depository account
				  holder to manage or withdraw precious metals from the depository account
				  holder's depository account must be notarized. Powers of attorney shall be
				  effective for the length of time designated on the form unless earlier revoked
				  by the depository account holder in writing or upon written notice of the death
				  or adjudication of incompetency of the depository account
				  holder.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.14 - Confiscations, Requisitions, Seizures, and Certain Other Actions

Current through Reg. 49, No. 28; July 12, 2024
On receipt of notice of any transaction described by
				  Government Code, §
									2116.023(a),
				  with respect to all or any portion of the balance of a depository account, the
				  depository shall refer the matter to the appropriate agency for resolution.
				  Until the matter is resolved, the depository shall suspend withdrawal
				  privileges associated with the balances of the depository account. The
				  depository may prescribe procedures to allow voluntary transfers of depository
				  account balances among depository account holders to continue to take place
				  unaffected by the suspension as authorized by this chapter or other applicable
				  law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.15 - Official Exchange Rates

Current through Reg. 49, No. 28; July 12, 2024
The comptroller shall publish on the depository website the
				  official exchange rate for pricing precious metals transactions in terms of
				  United States dollars or other currencies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.16 - Accounting and Reporting of Taxable Gains

Current through Reg. 49, No. 28; July 12, 2024
The comptroller shall provide depository account holders with
				  statements or other required documentation needed to report taxable gains and
				  losses arising from depository transactions in a manner that complies with
				  federal law or as prescribed by the Internal Revenue Service. To the extent
				  permitted by law, any statement or other documentation required under this
				  section may be provided electronically.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.17 - Electronic Information Sharing Systems and Processes

Current through Reg. 49, No. 28; July 12, 2024
(a) Depository agents must maintain suitable
				systems and processes as the comptroller may prescribe for electronic
				information sharing and communication. All reportable transactions effected on
				behalf of the depository by depository agents must be reported to the
				depository and integrated into the depository's records not later than 11:59:59
				p.m. on the date of each transaction.
(b) The comptroller may prescribe in a
				depository agent agreement the transactions that are reportable under this
				rule.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.18 - Periodic Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A depository
				agent shall submit monthly, quarterly, and annual reports of all depository
				transactions not later than the 15th day of the month following the expiration
				of the period with respect to which such report is submitted. The comptroller
				may specify the forms or formats of the reports required by this section and
				may require the reports to be filed electronically.
(b) The periodic reports required under this
				section are in addition to the reports required to be submitted in accordance
				with Finance Code, Chapter 151.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 14 - TEXAS BULLION DEPOSITORY › Section 14.19 - Forms; Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				otherwise required by law, the depository may prescribe all forms or other
				documents required to implement this chapter and may require that the forms be
				submitted electronically.
(b) To
				the extent applicable and permitted by law, any notices, statements, or other
				documents required to be provided to a depository account holder by this
				chapter, these rules, or under the depository account agreement, as amended,
				may be provided electronically by e-mail or via the depository
				website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.1 - Applicability and Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  and all payments subject to Government Code, §
										404.095,
				  must be made in accordance with this chapter.
(b) Pursuant to Government Code, §
										404.095,
				  a person must electronically transfer certain payments to a state agency by one
				  of the means of EFT approved by the comptroller if the following apply:
(1) the payment is to a state agency that
				  collected or received more than $50 million in payments during the preceding
				  state fiscal year in fees, fines, penalties, taxes, charges, gifts, grants,
				  donations, and other funds, excluding federal grants and interest and dividend
				  income; and
(2) the person paid the
				  state agency a total of $500,000 or more in the preceding state fiscal year in
				  a category of payment listed in §
											15.4
				  of this title (relating to Applicable Payment Categories and Voluntary
				  Payments), and the state agency reasonably anticipates that during the current
				  state fiscal year the person will pay the agency $500,000 or more in the same
				  category of payment.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.2 - Approved Means of Electronic Funds Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Government Code, §
										404.095(e),
				  the comptroller must adopt rules specifying the approved means of EFT for the
				  payments required under Government Code, §
										404.095.
(b) A person must use TexNet, the State of
				  Texas Financial Network, to make an EFT payment required under Government Code,
				  §
										404.095.
				  A person may choose any of the following TexNet payment options as an approved
				  means of EFT:
(1) ACH debit/direct
				  entry;
(2) ACH debit/indirect
				  entry; or
(3) ACH credit with
				  addenda record(s) in CCD+ or CTX format.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.4 - Applicable Payment Categories and Voluntary Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) Each of the following is a separate
				  category of payments to a state agency:
(1)
				  fees, with each type of fee listed in §
											15.5 of
				  this title (relating to Payment Category: Fees) considered a separate category
				  of payment;
(2) fines;
(3) civil penalties;
(4) taxes, with each type of tax listed in
				  §
											15.6 of
				  this title (relating to Payment Category: Taxes) being considered a separate
				  category; and
(5) other payments to
				  a state agency excluding extraordinary payments such as gifts, grants,
				  donations, interest, and dividend income, and one-time surcharges; and listed
				  in §
											15.7
				  of this title (relating to Payment Category: Other Payments).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.5 - Payment Category: Fees

Current through Reg. 49, No. 28; July 12, 2024
For purposes of making payments to a state agency by EFT
					 under Government Code, §
										404.095,
					 and this chapter, each of the following fees shall be considered a separate
					 category of payment. Subject to amendment, the categories of fees include, but
					 are not limited to:
(1) automotive oil
				  sales fees;
(2) battery sales
				  fees;
(3) civil fees;
(4) coastal protection fees;
(5) criminal cost and fees;
(6) driver record fees;
(7) drug court program fees;
(8) hunting and fishing license
				  fees;
(9) motor vehicle title
				  application fees;
(10) petroleum
				  products delivery fees;
(11) photo
				  enforcement fees;
(12) registration
				  fees;
(13) sexual assault/substance
				  abuse fees;
(14) sexual oriented
				  business fees;
(15) title
				  application fees;
(16) 911
				  emergency service fees;
(17) 911
				  prepaid wireless emergency service fees; and
(18) 911 wireless service fees.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.6 - Payment Category: Taxes

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  making payments to a state agency by EFT under Government Code, §
										404.095
				  and this chapter, each of the following taxes shall be considered a separate
				  category of payment. Subject to amendment, the categories of taxes include, but
				  are not limited to:
(1) automobile theft
				  prevention authority assessment tax;
(2) bank tax;
(3) beer reporting system tax;
(4) Bexar county sports venue project
				  tax;
(5) boat and boat motor sales
				  tax;
(6) cement production
				  tax;
(7) cigarette tax;
(8) crude oil production tax;
(9) diesel fuel tax;
(10) direct pay sales tax;
(11) Euless city sports venue tax;
(12) fireworks sales tax;
(13) franchise tax;
(14) gasoline tax;
(15) gross receipts tax;
(16) hotel occupancy tax;
(17) insurance maintenance, assessment, and
				  retaliatory tax;
(18) insurance
				  premium tax;
(19) interest earned
				  on sales tax;
(20) international
				  fuel tax agreement (IFTA);
(21)
				  interstate trucker fuel tax--diesel/gasoline/liquefied gas;
(22) liquefied gas tax;
(23) liquor reporting system tax;
(24) malt liquor reporting system
				  tax;
(25) manufactured housing
				  sales and use tax;
(26) mixed
				  beverage gross receipts tax;
(27)
				  motor vehicle rental tax;
(28)
				  motor vehicle sales tax;
(29)
				  natural gas production tax;
(30)
				  oil and gas well servicing tax;
(31) public utilities gross receipts
				  assessment tax;
(32) sales and use
				  tax;
(33) seller financed motor
				  vehicle sales tax;
(34) sports
				  venue tax;
(35) sulphur
				  tax;
(36) tobacco products
				  tax;
(37) unemployment compensation
				  tax; and
(38) volunteer fire
				  department insurance tax.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.7 - Payment Category: Other Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  purposes of making payments to a state agency by EFT under Government Code,
				  §
										404.095
				  and this chapter, other payments to a state agency include assessments and
				  recurring surcharges, as listed in this section.
(b) Assessments shall be considered a
				  separate category of payment.
(c)
				  Each of the following recurring surcharges shall be considered a separate
				  category of payment. Subject to amendment, the categories of surcharges
				  include, but are not limited to:
(1) motor
				  vehicle registration surcharge;
(2)
				  motor vehicle sales surcharge;
(3)
				  off-road diesel equipment surcharge;
(4) motor vehicle seller financed sales tax
				  surcharge; and
(5) 911 equalization
				  surcharge.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter A - APPLICABILITY, DEFINITIONS AND PAYMENT CATEGORIES › Section 15.8 - Voluntary Payments by Electronic Funds Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is not required to
				  electronically transfer a particular category of payments to a state agency may
				  do so voluntarily. A person who makes voluntary EFT payments is responsible
				  for:
(1) contacting the state agency to which
				  payments are due to obtain the information set out in §
											15.22(b)
				  of this title (relating to State Agency Applicability Determination and
				  Notification Procedures);
(2)
				  enrolling in TexNet as described in §
											15.31 of this
				  title (relating to TexNet Enrollment); and
(3) transferring payments as provided in
				  §
											15.32
				  of this title (relating to Transmission of TexNet Payment
				  Information).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 15 - ELECTRONIC TRANSFER OF CERTAIN PAYMENTS TO STATE AGENCIES › Subchapter B - STATE AGENCY PRACTICE AND PROCEDURES › Section 15.21 - State Agency Rules Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A state
				  agency which has adopted rules requiring EFT payments pursuant to Government
				  Code, §404.095(c) and §
										15.1(d)
				  of this title (relating to Applicability and Additional Information) shall
				  notify each person to whom the rules apply. The notice shall include the
				  information set out in §
										15.22(b)
				  of this title (relating to State Agency Applicability Determination and
				  Notification Procedures) and shall be provided at least 60 days before the
				  first payment is due, but not later than November 1 of each year.
(b) All persons to whom state agency rules
				  apply shall be required to electronically transfer payments to the state agency
				  beginning on the date set forth in the notification and thereafter until said
				  person is no longer subject to the state agency's rules.
(c) A state agency may not require a person
				  to electronically transfer a protested tax payment, however, a person may
				  choose to pay such payments voluntarily as set out in §
										15.8
				  of this title (relating to Voluntary Payments by Electronic Funds
				  Transfer).
(d) For additional
				  information on state agency rules and payment instructions, consult the state
				  agency in question and the comptroller's website at:
				  http://www.window.state.tx.us/treasops/texnet/.