reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 225 - GENERAL PROVISIONS › Section 225.4 - Duty to Report

Current through Reg. 49, No. 28; July 12,
				2024
(a) A certified and
				insured prescribed burn manager or applicant must:
(1) timely respond to all requests for
				information from the Board regarding an application, renewal, insurance, or
				prescribed burning activities conducted by the certified and insured prescribed
				burn manager; and
(2) notify the
				Department of any change in personal information.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 225 - GENERAL PROVISIONS › Section 225.5 - Public Information Act

Current through Reg. 49, No. 28; July
				12, 2024
All information submitted to the Board under this title is
				  subject to the Public Information Act (PIA), Chapter
				  RSA 552, Texas
				  Government Code, and may be disclosed to the public upon written request
				  submitted to the Board or the Department. Applications for certification and
				  renewal, including submitted information shall be presumed to be subject to
				  disclosure unless a specific exception to disclosure under the PIA
				  applies.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.1 - Application for Certification

Current through Reg. 49, No. 28; July 12,
				2024
(a) To be eligible
				for certification as a certified and insured prescribed burn manager, an
				individual must submit the following to the Department:
(1) a signed application on a form prescribed
				by the Board;
(2) documentation of
				experience, as set forth in §
										226.3 of this title (relating to
				Experience);
(3) documentation of
				training, as set forth in §
										226.4 of this title (relating to
				Training);
(4) the required fee,
				set forth in §
										226.5 of this title (relating to
				Fees); and
(5) proof of insurance
				coverage that meets the minimum requirements of §
										227.1 of this title (relating to
				Minimum Insurance Requirements).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.3 - Experience

Current through Reg. 49, No. 28; July 12,
				2024
To become a certified and insured prescribed burn manager, an
				  applicant must:
(1) demonstrate the
				following minimum level of experience:
(A) a
				minimum of three years' experience of prescribed burning;
(B) a minimum of thirty days' experience
				conducting prescribed burns; and
(C) a minimum of five days' experience as the
				individual responsible for all aspects of the prescribed burn; or
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.4 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for certification as a
				certified and insured prescribed burn manager, an applicant must successfully
				complete the certified and insured prescribed burn manager training course
				approved by the Board. Required course fees are the responsibility of the
				applicant and must be paid directly to the sponsor providing the
				training.
(b) All training required
				by the Board shall be designed to cover the information necessary for an
				applicant to demonstrate competency to conduct and supervise a prescribed burn
				in a safe and effective manner.
(c)
				Minimum training curriculum shall include materials approved by the
				Board.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.5 - Fees

Current through Reg. 49, No. 28; July 12,
				2024
(a) All
				applications for certification or renewal must be accompanied with the
				certification fee determined by the Department.
(b) Fees will not be refunded for denied
				applications.
(c) Renewal fees
				submitted after the expiration date of the certification are subject to late
				fees prescribed in §
									12.024 of the Texas
				Agriculture Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.6 - Renewal of Certification

Current through Reg. 49, No. 28; July 12,
				2024
(a) The Department
				will send notice to certified and insured prescribed burn managers at least 30
				days prior to the expiration of a certification to the last known contact
				information provided.
(b) To be
				eligible for certification renewal, a certified and insured prescribed burn
				manager must submit the following to the Department:
(1) the certification renewal fee;
(2) certification of six CFT hours for the
				two-year period preceding the renewal in the following categories of
				instruction:
(A) one hour of instruction
				dedicated to laws and regulations;
(B) one hour of instruction dedicated to
				smoke management; and
(C) four
				hours of instruction in any additional topics as listed in §
											229.2 and §
											229.3 of this title (relating to
				Wildland Firefighting and Approval of Continuing Fire Training Activity;
				and
(3) proof of
				liability insurance coverage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 226 - REQUIREMENTS FOR CERTIFICATION BY THE BOARD › Section 226.7 - Reciprocity of Certification

Current through Reg. 49, No. 28; July 12,
				2024
Applicants seeking reciprocity in certification must submit
				  an application, including fee, demonstrating that the applicant:
(1) meets the training and experience
				requirements of this chapter; and
(2) meets insurance coverage requirements set
				forth in §
									227.1 of this title (relating to
				Minimum Insurance Requirements).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 227 - REQUIREMENTS FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 227.1 - Minimum Insurance Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) At all times
				during the certification period, a certified and insured prescribed burn
				manager must maintain liability insurance coverage that insures the certified
				and insured prescribed burn manager for damages to any persons or any property
				occurring as a result of prescribed burning activities conducted under Natural
				Resources Code, Chapter 153, and the rules adopted thereunder, in the following
				minimum amounts:
(1) at least $1 million of
				liability coverage for each single occurrence of bodily injury to or
				destruction of property; and
(2) a
				policy period minimum aggregate limit of at least $2 million.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 227 - REQUIREMENTS FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 227.4 - Maintenance of Prescribed Burn Records

Current through Reg. 49, No. 28; July 12,
				2024
(a) A certified and
				insured prescribed burn manager must maintain the following records:
(1) a current certificate of insurance that
				meets the requirements of §
										153.082 of the
				Natural Resources Code and §
										227.1 of this title (relating to
				Minimum Insurance Requirements), together with a complete copy of any
				applicable policy or policies, along with all endorsements, exclusions or
				limitations issued with respect to such policy or policies;
(2) the current certified and insured
				prescribed burn manager certificate; and
(3) certificates of completion for all
				approved CFT hours completed during the current certification period, on a form
				provided by the sponsor.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 228 - PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 228.1 - Written Prescribed Burn Plan Required

Current through Reg. 49, No. 28; July 12,
				2024
(a) To ensure
				effective planning necessary to achieve desired effects from prescribed
				burning, a written prescribed burn plan must be completed by the certified and
				insured prescribed burn manager in advance of the planned prescribed burn. The
				prescribed burn plan should provide reasonable assurance that the prescribed
				burn will be confined to the predetermined area and conducted in a manner that
				will accomplish the land management objectives.
(b) A written prescribed burn plan must
				include, at a minimum, the following information:
(1) purpose of burn;
(2) location and description of the area to
				be burned;
(3) personnel required
				for managing the fire;
(4) type and
				amount of vegetation to be burned;
(5) area (acres) to be burned;
(6) fire prescription and firing techniques,
				including smoke management components;
(7) safety and contingency plans addressing
				escaped fires and smoke management; and
(8) a written burn/no burn
				checklist.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 228 - PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 228.2 - Notifications Requirements Prior to Prescribed Burns

Current through Reg. 49, No. 28; July 12,
				2024
(a) Prior to
				conducting prescribed burn activities, a certified and insured prescribed burn
				manager must:
(1) provide written notification
				to the residents, owners, occupants or operators of structures containing
				sensitive receptors located within 300 feet of and in the general direction
				downwind from the prescribed burn;
(2) upon request, provide the landowner or
				landowner's agent:
(A) proof of insurance
				coverage applicable to the prescribed burn that meets the minimum requirements
				set forth in §
											227.1 of this title (relating to
				Minimum Insurance Requirements); and
(B) proof of current prescribed burn manager
				certification; and
(3)
				provide notice to the local county dispatch office and the Texas A&M Forest
				Service central dispatch office.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 228 - PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 228.3 - Personnel Required to Conduct a Prescribed Burn

Current through Reg. 49, No. 28; July 12,
				2024
(a) In all cases
				covered by these rules, a certified and insured prescribed burn manager must be
				present during an active prescribed burn as determined by the certified and
				insured prescribed burn manager.
(b) The certified and insured prescribed burn
				manager is responsible for ensuring that a sufficient number of individuals are
				present to meet the personnel requirements set forth in the written prescribed
				burn plan for the protection and safety of persons and adjacent
				property.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 228 - PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS › Section 228.4 - Conducting Burns During a Burn Ban

Current through Reg. 49, No. 28; July 12,
				2024
(a) A certified and
				insured prescribed burn manager may not conduct a burn in a county in which a
				current Governor's and/or Presidential Declaration of Emergency or Disaster is
				in effect that expressly prohibits all outdoor burning.
(b) The certified and insured prescribed burn
				manager must provide written notification to the county judge, or the county
				judge's designee, prior to the prescribed burn. The written notification must
				include the following:
(1) the location of
				where the prescribed burn is to take place;
(2) the name of the certified and insured
				prescribed burn manager; and
(3)
				contact information for the certified and insured prescribed burn manager,
				including, but not limited to: address and emergency contact telephone
				numbers.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 229 - CONTINUING FIRE TRAINING › Section 229.1 - Eligible Continuing Fire Training Activities

Current through Reg. 49, No. 28; July 12,
				2024
(a) Eligible
				continuing fire training activities may include:
(1) lectures;
(2) panel discussions;
(3) organized video or film with live
				instruction;
(4) field
				demonstrations;
(5) wildland
				firefighting as provided by §
										229.2 of this chapter (relating to
				Wildland Firefighting); and/or
(6)
				other activities approved by the Board.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 229 - CONTINUING FIRE TRAINING › Section 229.2 - Wildland Firefighting

Current through Reg. 49, No. 28; July 12,
				2024
(a) Wildland
				firefighting is an eligible activity that may satisfy CFT requirements. To
				receive CFT hours for wildland firefighting, the certified and insured
				prescribed burn manager must:
(1) be under the
				direction of a responsive organization that manages wildland fires which create
				a substantial risk of causing imminent harm to nearby property or
				persons;
(2) have been a requested
				resource assigned to a firefighting position upon check in;
(3) provide the incident commander with an
				Incident Personnel Performance Rating form upon assignment to be completed for
				documentation of the individual's performance; and
(4) submit an Incident Personnel Performance
				Rating form to a lead burn instructor or the Board for review.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 229 - CONTINUING FIRE TRAINING › Section 229.3 - Approval of Continuing Fire Training Activity

Current through Reg. 49, No. 28; July 12,
				2024
(a) For a training
				activity to be approved as eligible for CFT hours, the activity must be
				submitted to the Board, Board Chairman, or a Lead Burn Instructor for
				approval.
(b) To be approved a
				sponsor must:
(1) demonstrate that the CFT
				activity was conducted by a qualified instructor;
(2) provide information demonstrating that
				the activity has significant educational or practical content to ensure
				competency of participants;
(3)
				utilize a Board-approved record keeping procedure to record
				attendance;
(4) in addition to the
				requirements in §
										226.6 of this title (relating to
				Renewal of Certification), demonstrate that all CFT activities relate to
				prescribed burning and will cover one or more of the following topics:
(A) safety factors;
(B) environmental consequences;
(C) burning techniques;
(D) equipment characteristics;
(E) advanced technology; or
(F) other.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 229 - CONTINUING FIRE TRAINING › Section 229.4 - Requirements for Training Activity Sponsors

Current through Reg. 49, No. 28; July 12,
				2024
(a) A university,
				governmental agency, an association, a private business, or other entity may be
				approved by the Board, Board Chair, or a Lead Burn Instructor as a sponsor for
				a prescribed burn training activity. To be eligible to sponsor a CFT training
				activity, a sponsor must submit a written proposal to the Board, Board Chair,
				or a Lead Burn Instructor which includes a detailed list of the subjects to be
				covered and the planned activities.
(b) Sponsors approved to conduct CFT
				activities must:
(1) upon completion of the
				activity, submit a roster to the Department which contains, at a minimum:
(A) the names of the certified and insured
				prescribed burn managers participating; and
(B) the certificate number of the certified
				and insured prescribed burn managers participating;
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 230 - LEAD BURN INSTRUCTOR REQUIREMENTS › Section 230.1 - Lead Burn Instructor Eligibility

Current through Reg. 49, No. 28; July 12,
				2024
(a) A lead burn
				instructor must conduct an approved CFT course, but may utilize assistance from
				a training cadre, as the lead burn instructor deems appropriate.
(b) In order to be eligible to conduct a CFT
				course, a lead burn instructor must have:
(1)
				a minimum of fifty days' experience conducting prescribed burns;
(2) a minimum of twenty-five days' experience
				conducting prescribed burns as a burn boss or the individual solely responsible
				for the prescribed burn;
(3) taken
				or taught a Board approved certified and insured prescribed burn manger course
				or be qualified as a NWCG Prescribed Burn Boss Type 2 (RXB2) or higher;
				and
(4) made at least 10
				presentations of technical information to groups in a formal setting.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 230 - LEAD BURN INSTRUCTOR REQUIREMENTS › Section 230.2 - Annual Lead Burn Instructor Meeting

Current through Reg. 49, No. 28; July 12,
				2024
(a) In order to
				maintain approval as a lead burn instructor, a lead burn instructor must attend
				an annual meeting designated by the Board for the purpose of continuing
				education, to be held in conjunction with, but separately from, a regularly
				scheduled meeting of the Board.
(b)
				Lead burn instructors that do not attend the annual meeting will no longer
				qualify to be a lead burn instructor, unless the absence is excused by a
				majority vote of the Board.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 230 - LEAD BURN INSTRUCTOR REQUIREMENTS › Section 230.3 - Certification and Curriculum

Current through Reg. 49, No. 28; July 12,
				2024
(a) All curriculum
				taught during a certified and insured prescribed burn manager training course
				shall be approved by the Board.
(b)
				The minimum curriculum hours for each certified and insured prescribed burn
				manager training course shall be at least 24 hours, with the total class length
				at the discretion of the lead burn instructor conducting the course.
(c) Recommended curriculum topics include:
(1) Fire History and Use; Ecological
				Effects;
(2) Fire
				Behavior;
(3) Fire
				Weather;
(4) Fuel
				Moisture/Characteristics;
(5)
				Topographic Influences;
(6) Fire
				Effects;
(7) Prescribed Burn
				Planning;
(8) Equipment and
				Safety;
(9) Firing
				Technique;
(10) Smoke
				Management;
(11) Laws and
				Regulations;
(12) Evaluation of
				Pre-burn Area(s);
(13) Evaluation
				of Fuels;
(14) Holding and
				Contingency; and
(15) Post Burn
				Evaluation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 230 - LEAD BURN INSTRUCTOR REQUIREMENTS › Section 230.4 - Standardized Test

Current through Reg. 49, No. 28; July 12,
				2024
(a) A standardized
				test, to be administered to all applicants seeking status as a certified and
				insured prescribed burn manager shall be:
(1)
				developed and approved by the Board, or, at the discretion of the Board, a
				member designated by the Board; and
(2) reviewed annually by lead burn
				instructors at the annual lead burn instructor meeting to make sure all
				examination instructions, questions and tasks are up to date and cover all
				required curriculum.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 231 - SCHEDULE OF DISCIPLINARY SANCTIONS › Section 231.1 - Schedule of Disciplinary Sanctions

Current through Reg. 49, No.
				28; July 12, 2024
Pursuant to §
									153.102(b)
				  of the Texas Natural Resources Code, the Board has established the following
				  schedule of disciplinary sanctions for violations of Chapter
				  153, Texas
				  Natural Resources Code, and the rules adopted thereunder:
Attached
				  Graphic
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 1 - CONSUMER CREDIT REGULATION › Subchapter B - INTERPRETATIONS AND ADVISORY LETTERS › Section 1.201 - Official Interpretations and Advisory Letters

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, will have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Advisory letter--A letter by the commissioner or an OCCC employee providing an
				  informal advisory response to a question concerning a provision of law. The
				  term does not include:
(A) an official
				  interpretation;
(B) an advisory
				  bulletin addressed to a body of stakeholders;
(C) instructions for submitting required
				  information to the OCCC (e.g., annual report instructions);
(D) a report or study provided to the Texas
				  Legislature or the Finance Commission of Texas; or
(E) a letter sent in connection with an
				  examination, investigation, license or registration application, complaint, or
				  enforcement action.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise:
(1) NMLS--The Nationwide
				  Mortgage Licensing System and Registry with the same meaning as assigned by
				  Texas Finance Code, §
										RSA
				  180.002.
(2) OCCC--The Office of Consumer Credit
				  Commissioner of the State of Texas.
(3) RMLO--A residential mortgage loan
				  originator licensed with the OCCC under Texas Finance Code, Chapter
				  180.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.102 - Registration with Nationwide Mortgage Licensing System and Registry

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals.
				  Individuals applying for a license with the OCCC and who, for actual or
				  expected compensation or gain, take a residential mortgage loan application, or
				  who offer or negotiate the terms of a residential mortgage loan, are required
				  to register with NMLS, except for individuals engaged in authorized activity
				  subject to the authority of a regulatory official under Texas Finance Code,
				  §
										RSA
				  180.251(a).
(b) Entities. Entities licensed or applying
				  for a license with the OCCC to make, transact, or negotiate residential
				  mortgage loans are not required to register with NMLS.
(c) Withdrawal of application. If an
				  application is not completed within 30 calendar days after notice of deficiency
				  has been sent to the applicant, the application may be considered abandoned and
				  will be withdrawn.
(d) Inactive
				  status. The OCCC may issue a license in an inactive status if the applicant
				  complies with all requirements of licensure and completes the required
				  application except for the requirement of providing an employer. After the
				  inactive RMLO has submitted an employer and the OCCC has verified that the
				  employer is currently registered or licensed by the OCCC, the license may be
				  changed to active status.
(e)
				  Conditional status. The OCCC may issue a license on a conditional
				  basis.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.103 - Fingerprint Submissions

Current through Reg. 49, No. 28; July 12, 2024
Applicants are required to submit one legible set of
					 fingerprints to NMLS for purposes of application with the OCCC to become an
					 RMLO. The OCCC reserves the right to request additional sets of fingerprints to
					 conduct state and international background checks.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.104 - Application and Renewal Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Required submission to NMLS. To become an RMLO, an OCCC applicant must submit
				  the required fees to NMLS. A fee is required to be submitted at the time of
				  application and at the time of renewal. All fees are nonrefundable and
				  nontransferable. However, upon review of individual circumstances, the OCCC may
				  refund or transfer the state fees.
(b) Fingerprint processing fees. Fingerprint
				  processing fees must also be paid in the amount necessary to recover the costs
				  of investigating the OCCC applicant's fingerprint record (amount required by
				  third party).
(c) OCCC application
				  and renewal fees. The Finance Commission of Texas sets the RMLO application fee
				  at an amount not to exceed $200 and the RMLO annual renewal fee not to exceed
				  $200 for applications filed with the OCCC. Annual renewal fees are due to NMLS
				  by December 31 of each year. A third party operates NMLS and that third-party
				  operator sets the amount of the required system fees. Applicants and RMLOs must
				  pay all required application and renewal fees, fingerprint processing fees, and
				  any additional amounts required by the third-party operator.
(d) OCCC reinstatement period and fee. The
				  Finance Commission of Texas sets the RMLO reinstatement fee at $50 for
				  applications filed with the OCCC. The reinstatement period for OCCC applicants
				  runs from January 1 through the last day of February each year.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.105 - Recovery Fund Fees

Current through Reg. 49, No. 28; July 12, 2024
Applicants and RMLOs applying for a license or renewal with
					 the OCCC must pay a nonrefundable $25 recovery fund fee to the OCCC at the time
					 of application and at the time of renewal.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.106 - Denial, Suspension, or Revocation Based on Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal
				  history record information. After an applicant submits a complete application
				  to NMLS, including a set of fingerprints, and pays the fees required under
				  §
										RSA
				  2.104 of this title (relating to Application
				  and Renewal Fees), the OCCC will investigate the applicant. The OCCC will
				  obtain criminal history record information through NMLS based on the
				  applicant's fingerprint submission. The OCCC will continue to receive
				  information on new criminal activity reported after the fingerprint information
				  has been initially processed.
(b)
				  Disclosure of criminal history by applicant. The applicant must disclose all
				  criminal history information required to file a complete application with NMLS.
				  Failure to provide any information required by NMLS or requested by the OCCC
				  reflects negatively on the applicant's character and general fitness to hold a
				  license. The OCCC may request additional criminal history information from the
				  applicant, including the following:
(1)
				  nformation about arrests, charges, indictments, and convictions;
(2) reliable documents or testimony necessary
				  to make a determination under subsection (c) of this section, including letters
				  of recommendation;
(3) proof that
				  the applicant has maintained a record of steady employment, has supported the
				  applicant's dependents, and has otherwise maintained a record of good conduct;
				  and
(4) proof that all outstanding
				  court costs, supervision fees, fines, and restitution as may have been ordered
				  have been paid.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.107 - Prelicensing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Failing to
				  obtain license. If an individual completes the 20 hours of prelicensing
				  education required by the S.A.F.E. Mortgage Licensing Act,
				  RSA
				  5104(c)(1), and fails to
				  obtain a valid RMLO license or federal registration within five years from the
				  date of completion, then the individual must retake the 20 hours of
				  prelicensing education in order to be eligible for licensure.
(b) Failing to maintain license. If an
				  individual obtains an RMLO license or federal registration and fails to
				  maintain the license or registration for at least five consecutive years, then
				  the individual must retake the 20 hours of prelicensing education required by
				  the S.A.F.E. Mortgage Licensing Act,
				  RSA
				  5104(c)(1), in order to be
				  eligible for licensure.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter A - APPLICATION PROCEDURES › Section 2.108 - Military Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to specify residential mortgage loan originator
				  licensing requirements for military service members, military veterans, and
				  military spouses, in accordance with Texas Occupations Code, Chapter
				  55.
(b) Definitions. In this
				  section, the terms "military service member," "military spouse," and "military
				  veteran" have the meanings provided by Texas Occupations Code, §
										55.001.
(c) Late renewal. As provided by Texas
				  Occupations Code, §
										55.002, an
				  individual is exempt from any increased fee or other penalty for failing to
				  renew a residential mortgage loan originator license in a timely manner, if the
				  individual establishes to the satisfaction of the OCCC that the individual
				  failed to renew the license in a timely manner because the individual was
				  serving as a military service member.
(d) Expedited license procedure. As provided
				  by Texas Occupations Code, §
										55.004 and §
										55.005, no later
				  than the 30th day after the OCCC receives a complete residential mortgage loan
				  originator license application from a qualifying applicant who is a military
				  service member, military veteran, or military spouse, the OCCC will process the
				  application and issue a license to the applicant, if the applicant:
(1) holds a current license in another
				  jurisdiction as a residential mortgage loan originator in accordance with the
				  S.A.F.E. Mortgage Licensing Act,
				  12 U.S.C. §§
												5101-5117; or
(2) held a residential mortgage loan
				  originator license in Texas within the five years preceding the application
				  date.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter B - OPERATIONAL REQUIREMENTS › Section 2.201 - License Term, Renewal, and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) License term. A new residential mortgage
				  loan originator license is effective from the date of its issuance until
				  December 31. A license must be renewed annually in order to remain effective.
				  After renewal, a license is effective for a term of one year, from January 1 to
				  December 31.
(b) Requirements. A
				  license may be renewed if:
(1) the RMLO
				  submits a completed application for renewal through the NMLS together with the
				  payment of the applicable renewal application fee;
(2) the OCCC determines that the RMLO
				  continues to meet the minimum requirements for license issuance, including
				  financial responsibility, character, and general fitness, as provided in Texas
				  Finance Code, §
											RSA 180.055,
				  and subsection (g) of this section; and
(3) the RMLO provides satisfactory evidence
				  that the RMLO has completed the continuing education requirements of Texas
				  Finance Code, §
											RSA 180.060.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 2 - RESIDENTIAL MORTGAGE LOAN ORIGINATORS REGULATED BY THE OFFICE OF CONSUMER CREDIT COMMISSIONER › Subchapter B - OPERATIONAL REQUIREMENTS › Section 2.202 - Maintaining Current Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirement to maintain current information. An RMLO must maintain current
				  information with NMLS. If any of the following items change, an RMLO must
				  notify the OCCC by filing a license amendment through NMLS within 30 calendar
				  days after the RMLO has knowledge of the change:
(1) address;
(2) name; or
(3) employer.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter A - SECURITIES ACTIVITIES AND SUBSIDIARIES › Section 3.1 - Private Placement of Securities

Current through Reg. 49, No. 28; July 12, 2024
A state-chartered bank may engage in private placement
					 transactions by acting as broker and bringing together buyers and sellers of
					 privately placed instruments. The term "private placement transactions"
					 means:
(1) making recommendations
				  regarding the terms and timing of the transaction;
(2) assisting in the preparation of the
				  financing documents;
(3) contacting
				  potential institutional investors;
(4) arranging meetings between the issuer and
				  potential investors; and
(5)
				  assisting in subsequent negotiations involving these parties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter A - SECURITIES ACTIVITIES AND SUBSIDIARIES › Section 3.2 - Investment and Financial Advisory Services

Current through Reg. 49, No. 28; July 12, 2024
A state-chartered bank may provide investment and financial
					 advisory services including professional asset management services and services
					 as an adviser in connection with mergers, acquisitions, and divestitures. A
					 state bank may also serve as a dealer-manager in connection with tender
					 offers.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter A - SECURITIES ACTIVITIES AND SUBSIDIARIES › Section 3.3 - Securities and Other Activities of Subsidiaries of State Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) Securities activities permitted. Pursuant
				  to Finance Code, §
										RSA
				  34.103(c), a state bank may
				  establish or acquire a subsidiary that engages in securities activities;
				  provided, however, that said subsidiary shall comply with all rules and
				  regulations of the Securities and Exchange Commission and the State Securities
				  Board applicable to registered brokers-dealers and investment advisors. The
				  term "securities activities" means issuing, underwriting, selling, or
				  distributing, or acting as agent or advisor in the issuing, underwriting,
				  selling, or distributing of stocks, bonds, debentures, notes, or other
				  securities.
(b) Capitalization. Any
				  subsidiary engaged in securities activities pursuant to this regulation must
				  comply with any applicable state and federal capital requirements including,
				  but not limited to, those imposed by the Securities and Exchange Commission,
				  the State Securities Board, or the National Association of Securities
				  Dealers.
(c) Limitations.
A state bank may not purchase, in its discretion as
					 fiduciary or managing agent, any security underwritten, distributed, or issued
					 by the bank's securities subsidiary or any security issued by an investment
					 company advised by the subsidiary unless authorized by applicable law.
(d) Notice. A state bank must,
				  before or at the time of submitting a letter to the banking commissioner
				  regarding a new subsidiary or new subsidiary activity as required by Finance
				  Code, §
										RSA
				  34.103(e), submit to the
				  banking commissioner any related filing or application made with the Federal
				  Deposit Insurance Corporation or with a Federal Reserve Bank, including filings
				  required under the provisions of 12 CFR Part 208 or Part 362 , or any successor
				  regulation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter A - SECURITIES ACTIVITIES AND SUBSIDIARIES › Section 3.4 - Foreign Banking

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  state-chartered bank that is well-capitalized as defined by Section 38, Federal
				  Deposit Insurance Act,
				  RSA
				  1831o, may file an application with the
				  banking commissioner for permission to exercise, upon such conditions as may be
				  prescribed by the banking commissioner, the following powers:
(1) to establish branches in foreign
				  countries of dependencies or insular possessions of the United States for the
				  furtherance of foreign commerce and to act as fiscal agent for any governmental
				  entity;
(2) to invest an amount not
				  exceeding in the aggregate 10% of its paid-in capital stock and surplus in the
				  stock of one or more banks or corporations chartered or incorporated under the
				  laws of the United State or of any state thereof, and principally engaged in
				  international or foreign banking, or banking in a dependency or insular
				  possession of the United States either directly or indirectly; and
(3) to require and hold, directly or
				  indirectly, stock or other evidences of ownership in one or more banks
				  organized under the law of a foreign country or a dependency or insular
				  possession of the United States and not engaged, directly or indirectly, in any
				  activity in the United States except as, in the judgment of the banking
				  commissioner, shall be incidental to the international or foreign business of
				  such foreign bank; and to make loans or extensions of credit to or for the
				  account of such bank in a manner and within limits prescribed by the banking
				  commissioner.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter A - SECURITIES ACTIVITIES AND SUBSIDIARIES › Section 3.5 - Financial Valuation and Advisory Services

Current through Reg. 49, No. 28; July 12, 2024
A state-chartered bank may provide financial valuation and
					 advisory services to its depositors or clients. The term "financial valuation
					 and advisory services" means:
(1) the
				  valuation of a company for purposes of acquisitions, mergers, and
				  divestitures;
(2) fairness opinions
				  in connection with tender offers, consolidations, or mergers;
(3) advice for management or for a bankruptcy
				  court about the viability and capital adequacy of financially troubled
				  companies and about the fairness of proposed bankruptcy
				  reorganizations;
(4) valuation
				  opinions for transactions in publicly held securities;
(5) valuations of the fair market value of
				  employee stock ownership trusts;
(6) periodic valuation of stock of privately
				  owned companies held in pension or profit-sharing plans, charitable trusts, or
				  venture capital funds;
(7)
				  valuation of a privately owned company, or of a large block of publicly owned
				  securities;
(8) valuations, for
				  estate tax and estate planning purposes, of a company's common stock and other
				  securities for recapitalization of a privately held company; and
(9) expert witness testimony in support of
				  valuations.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.23 - Exercise of Trust Powers

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  used in this section, "trust services" mean services provided to the public as
				  a fiduciary for hire or compensation, to hold or administer accounts
				  established through a customer relationship involving the transfer of title to
				  funds or property to the bank, including a fiduciary relationship in which the
				  bank acts as trustee, executor, administrator, guardian, custodian,
				  conservator, receiver, registrar of stocks and bonds, mortgage or indenture
				  trustee, escrow agent, transfer agent, or investment advisor, except that
				  "trust services" do not include customer services in which:
(1) the bank's duties as trustee or custodian
				  are essentially custodial or ministerial in nature; and
(2) the bank may only invest customer funds:
(A) in its own time or savings deposits;
				  or
(B) in other assets at the
				  explicit direction of the customer, provided the bank does not exercise any
				  investment discretion or provide any investment advice with respect to such
				  other assets.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.24 - Notice of Computer-Security Incident

Current through Reg. 49, No. 28; July 12, 2024
A state bank shall notify the banking commissioner and
					 submit the information required by 12 CFR Part 225 , Subpart N, or Part 304,
					 Subpart C, as applicable, or any successor regulation, regarding a
					 computer-security incident that qualifies under such regulations as a
					 notification incident, no later than the time the information is required to be
					 submitted to the applicable federal regulatory agency.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.34 - Posting of Notice in All Financial Institutions Regarding Requirements for Certain Loan Agreements To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the Business and Commerce
				  Code, §
										RSA
				  26.02, all financial institutions must
				  conspicuously post notices informing borrowers of the requirements that certain
				  loan agreements be in writing. Additionally, the finance commission is required
				  to prescribe the language to be used in the notice. This section provides the
				  language for the notice and clarifies the manner and location of the notice
				  within the financial institutions so as to fully inform borrowers of the
				  requirements.
(b) Each financial
				  institution shall post in the public lobby of each of its offices other than
				  off-premises electronic deposit facilities, the public notice set forth in this
				  subsection.
Attached
					 Graphic
(c) The
				  finance commission shall provide the preceding notice in dimensions and print
				  which it determines is appropriate to fully inform borrowers of the
				  requirements of the Business and Commerce Code, §
										RSA
				  26.02.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.35 - Safe Deposit Box Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The Finance Code, §
										RSA 59.110,
				  requires financial institutions to imprint keys issued to safe deposit boxes
				  after September 1, 1992, with the financial institution's routing number. In
				  addition, it requires a report to the Department of Public Safety if the
				  routing number is altered or defaced so that the correct routing number is
				  illegible. This section clarifies the requirements of this section.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Financial institution--A bank, savings and loan association, savings bank, or
				  other financial institution that has been assigned a routing number unique to
				  that institution.
(2) Routing
				  number--The number printed on the face of a check in fractional form or in
				  nine-digit form that identifies a paying financial institution.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.36 - Annual Assessments and Specialty Examination Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. The assessment schedule
				  contained in this section is made under the authority contained in the Finance
				  Code, §
										RSA
				  31.003(a)(4) and §
										RSA
				  204.003(b).
(b) Definitions. The following words and
				  terms, when used in this section, §
										RSA
				  3.37 of this title (relating to Calculation
				  of Annual Assessment for Banks), or §
										RSA
				  3.38 of this title (relating to Calculation
				  of Annual Assessment for Foreign Bank Branches and Agencies), shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Assessable assets--The sum of on-book
				  assets and average off-book assets of a bank, foreign bank branch, or foreign
				  bank agency.
(2) Average off-book
				  assets--The average of the off-balance sheet items reported by a bank, foreign
				  bank branch, or foreign bank agency in its most recent March 31st call report
				  and the three immediately preceding call reports, as adjusted under subsection
				  (c) of this section.
(3) Call
				  report--The FFIEC quarterly, consolidated report of condition and income
				  (including domestic and foreign subsidiaries) prepared and filed by a bank,
				  foreign bank branch, or foreign bank agency under state and federal
				  law.
(4) CAMELS composite rating--A
				  bank's composite rating under the Uniform Financial Institutions Rating System
				  (UFIRS), as described more fully in Supervisory Memorandum 1001, assigned by
				  the department to a state bank in connection with its most recent examination
				  by the department or by a federal bank regulatory agency .
(5) FFIEC--The Federal Financial Institutions
				  Examination Council.
(6) On-book
				  assets--The total assets reported by a bank, foreign bank branch, or foreign
				  bank agency on the balance sheet contained in its most recent March 31st call
				  report, minus the outstanding balance of PPP loans included on "Schedule RC-M -
				  Memoranda."
(7) PPP--The Paycheck
				  Protection Program administered by the Small Business Administration.