reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter G - CHANGES AFTER COMMISSIONING › Section 87.60 - Change of Address

Current through Reg. 49, No. 28; July 12, 2024
(a) A notary
				  public must notify the secretary of state in writing of a change in address
				  within 10 days of the change. To notify the secretary of state of a change of
				  address, the notary public should complete and submit Form 2302 (Notary Public
				  Change of Address Form). This form is available on the secretary of state web
				  site.
(b) The secretary of state
				  sends all official notices, including notices of complaints and requests to
				  respond to complaints, to the notary public at the address on file with the
				  secretary's office. Failure to change the address may, consequently, result in
				  a revocation of the notary commission if, for example, the notary fails to
				  timely respond to a complaint or to a request for public information.
(c) A notary public who removes his or her
				  residence from Texas or no longer qualifies under the residency exceptions
				  provided under §
										RSA
				  87.12 of this title (relating to
				  Qualification by an Escrow Officer Residing in an Adjacent State) vacates the
				  office of notary public and must surrender the notary commission to the
				  secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter G - CHANGES AFTER COMMISSIONING › Section 87.61 - Qualification Under New Name

Current through Reg. 49, No. 28; July 12, 2024
(a) During the
				  four-year term of office, a notary public may change the name on the notary
				  commission by submitting the following to the secretary of state:
(1) an Application for Change of Name as a
				  Texas Notary Public (Form 2305 available on the secretary of state web
				  site);
(2) for traditional notaries
				  public, a rider or endorsement to the bond on file with the secretary of state
				  from the surety company or its agent or representative specifying the change of
				  name;
(3) the current certificate
				  of commission or a signed and notarized statement that the notary public will
				  perform all future notarial acts under the name specified on the amended
				  commission; and
(4) the statutory
				  fee equal to the sum of the fee for the issuance of a commission and the fee
				  for filing of a bond.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter G - CHANGES AFTER COMMISSIONING › Section 87.62 - Issuance of Amended Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  submission of the change of name complies with §
										RSA
				  87.61 of this title (relating to
				  Qualification Under New Name), the secretary of state shall issue an amended
				  commission to the notary public in the name requested. Upon issuance of the
				  amended commission, the notary public must perform all notarial acts using the
				  name on the amended commission.
(b)
				  Upon qualifying under a new name, a notary public must obtain a new seal that
				  contains the name, as specified on the amended commission, under which the
				  notary will perform all future notarial acts.
(c) If the notary public who qualifies under
				  a new name is commissioned as both a traditional and online notary, the notary
				  shall obtain both a new traditional seal and new electronic seal and digital
				  certificate that contains the name, as specified on the amended commission,
				  under which the notary will perform all future notarial acts.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter G - CHANGES AFTER COMMISSIONING › Section 87.63 - Changes to Digital Certificate and Electronic Seal for Online Notary

Current through Reg. 49, No. 28; July 12, 2024
(a) An online notary public shall at all
				  times maintain an electronic seal and a digital certificate that includes the
				  online notary's electronic signature. Both the electronic seal and digital
				  certificate must comply with the provisions of Chapter 406, Government Code,
				  and this chapter.
(b) An online
				  notary public shall replace an electronic seal or digital certificate under the
				  following circumstances:
(1) the electronic
				  seal or digital certificate has expired;
(2) the electronic seal or digital
				  certificate has been revoked or terminated by the device's issuing or
				  registering authority; or
(3) the
				  electronic seal or digital certificate is for any reason no longer valid or
				  capable of authentication.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter H - MINIMUM REQUIREMENTS FOR ONLINE NOTARIZATIONS › Section 87.70 - Identity Proofing and Credential Analysis Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Identity proofing and credential analysis
				  must be performed by a reputable third party who has provided evidence to the
				  online notary public of the ability to satisfy the requirements of this
				  chapter.
(b) Identity proofing is
				  performed through dynamic knowledge based authentication which meets the
				  following requirements:
(1) principal must
				  answer a quiz consisting of a minimum of five questions related to the
				  principal's personal history or identity, formulated from public and
				  proprietary data sources;
(2) each
				  question must have a minimum of five possible answer choices;
(3) at least 80% of the questions must be
				  answered correctly;
(4) all
				  questions must be answered within two minutes;
(5) if the principal fails their first
				  attempt, they may retake the quiz one time within 24 hours;
(6) during the retake, a minimum of 60% of
				  the prior questions must be replaced; and
(7) if the principal fails their second
				  attempt, they are not permitted to retry with the same online notary public for
				  24 hours.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 87 - NOTARY PUBLIC › Subchapter H - MINIMUM REQUIREMENTS FOR ONLINE NOTARIZATIONS › Section 87.71 - Online notarization system

Current through Reg. 49, No. 28; July 12, 2024
An online system used to perform online notarial acts by
					 means of audio-video communication shall:
(1) provide for continuous, synchronous
				  audio-visual feeds;
(2) provide
				  sufficient video resolution and audio clarity to enable the online notary
				  public and the principal to see and speak to each other simultaneously through
				  live, real time transmission;
(3)
				  provide sufficient captured image resolution for credential analysis to be
				  performed in accordance with subchapter H of this chapter.
(4) include a means of authentication that
				  reasonably ensures only the proper parties have access to the audio-video
				  communication;
(5) provide some
				  manner of ensuring that the electronic record that is presented for online
				  notarization is the same record electronically signed by the
				  principal;
(6) be capable of
				  securely creating and storing or transmitting securely to be stored an
				  electronic recording of the audio-video communication, keeping confidential the
				  questions asked as part of any identity proofing quiz, and the means and
				  methods used to generate the credential analysis output; and
(7) provide reasonable security measures to
				  prevent unauthorized access to:
(A) the live
				  transmission of the audio-video communication;
(B) a recording of the audio-video
				  communication;
(C) the verification
				  methods and credentials used to verify the identity of the principal;
				  and
(D) the electronic documents
				  presented for electronic notarization.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 90 - HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP › Section 90.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms as used in this Chapter shall have the
				  following meanings:
(1) Commercial sex
				industry--A commercial enterprise the primary business of which is the offering
				of a service or the selling, renting, or exhibiting of devices or any other
				items intended to provide sexual stimulation or sexual gratification to the
				customer.
(2) Corporation--A
				domestic or foreign for-profit corporation, limited partnership, limited
				liability company, professional association, or cooperative association which
				is governed under the Texas Business Organizations Code, federal law, or the
				law of another state or nation.
(3)
				Human Trafficking--All offenses referred to in Chapter 20A of the Texas Penal
				Code.
(4) Partnership--The Human
				Trafficking Prevention Business Partnership, as established by §
									RSA
				405.023 of the Texas Government
				Code.
(5) Private Entity--Bank,
				trust company, savings and loan association or company, insurance company,
				reciprocal or interinsurance exchange, railroad company, cemetery company,
				government-regulated cooperative, stock company, abstract and title insurance
				company, or other organization that engages in for-profit activities through
				the use of employees.
(6) Sexual
				conduct--Sexual contact, actual or simulated sexual intercourse, deviate sexual
				intercourse, sexual bestiality, masturbation, or sadomasochistic
				abuse.
(7) Zero Tolerance Policy--A
				zero tolerance policy towards human trafficking includes, at minimum:
(A) Complying with applicable federal and
				state human trafficking laws and regulations;
(B) Reviewing the business's supply lines,
				supplies, agents, subcontractors, other inputs, and business related facilities
				to assess areas that might be vulnerable to human trafficking and taking
				appropriate action to address negative findings, including but not limited to
				adopting language in supplier contracts regarding the corporation or private
				entity's human trafficking policies, and encouraging the supplier to abide by
				these same policies;
(C)
				Prohibiting employees from withholding identity or immigration documents, such
				as a passport or driver's license, from a worker, and encouraging agents and
				subcontractors to adopt similar policies; and
(D) Prohibiting the expenditure of any
				business funds for the purpose of patronizing a business that is part of the
				commercial sex industry or use of business resources to:
(i) engage in sexual conduct that violates
				state or federal law; or
(ii)
				operate a business that is part of the commercial sex industry.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 90 - HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP › Section 90.2 - Certificates and Terms of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Corporations and private entities can
				become involved in the partnership at two different levels.
(1) Corporations and private entities that
				meet the requirements of §
										RSA
				90.3 of this title (relating to Procedure for
				Filing an Application for a Certificate of Association) may be involved as
				associates of the partnership.
(2)
				Corporations and private entities that meet the requirements of §
										RSA
				90.4 of this title (relating to Procedure for
				Filing an Application for a Certificate of Recognition) may be involved as
				partners of the partnership.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 90 - HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP › Section 90.3 - Procedure for Filing an Application for a Certificate of Association

Current through Reg. 49, No. 28; July 12, 2024
(a) A corporation or private entity that
				applies to be an associate of the partnership must submit to the secretary of
				state, on a form provided by the secretary and supported by additional
				documentation, if required, information demonstrating that the applicant:
(1) prohibits the expenditure of any business
				funds for the purpose of patronizing a business that is part of the commercial
				sex industry or use of business resources to:
(A) engage in sexual conduct that violates
				state or federal law, or
(B)
				operate a business that is part of the commercial sex industry;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 90 - HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP › Section 90.4 - Procedure for Filing an Application for a Certificate of Recognition

Current through Reg. 49, No. 28; July 12, 2024
(a) A corporation or private entity that
				applies for a certificate of recognition must submit to the secretary of state,
				on a form provided by the secretary and supported by additional documentation,
				if required, information demonstrating that the applicant:
(1) has adopted a Zero Tolerance Policy
				towards human trafficking;
(2) has
				taken measures to ensure that the corporation's or private entity's employees
				comply with the Zero Tolerance Policy. Measures must include, at a minimum:
(A) implementing a mandatory training for all
				employees aimed at recognizing and addressing human trafficking; and
(B) providing information about applicant's
				Zero Tolerance Policy to employees and informing employees about possible
				consequences for not complying with policy.
(3) has participated in a minimum of one
				public awareness or education campaign in the 12 months prior to submission of
				the application and plans to participate in at least one public awareness or
				education campaign each year for the duration of their participation in the
				partnership;
(4) has enhanced
				awareness of and encouraged participation in the partnership, or agrees to do
				so in the future; and
(5) agrees to
				share with the secretary of state best practices that the applicant uses in
				combatting human trafficking.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 90 - HUMAN TRAFFICKING PREVENTION BUSINESS PARTNERSHIP › Section 90.5 - Renewal of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				certificate of recognition or association may be renewed by filing an
				application for renewal in the same manner and on the same form as if
				submitting an original application for each type of certificate. The secretary
				of state will accept applications for renewal not sooner than 90 days before
				the expiration of the current certificate of recognition.
(b) An application for renewal may only be
				submitted during the renewal period. An application for renewal submitted
				before the renewal period begins will be rejected. An application for renewal
				submitted after the current term of certificate of recognition expires will be
				treated as a new application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The
Texas Register
is
				  the official bulletin for:
(1) notices of
				  state agency rulemaking;
(2) other
				  notices defined in the Government Code, §
											RSA
				  2002.011;
(3) open meeting notices defined in the
				  Government Code, Chapter 551; and
(4) notices of major consulting services
				  contracts defined in the Government Code, Chapter 2254.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.3 - Liaison and Certifying Official

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  agency must designate a liaison or liaisons in writing.
(b) The Texas Register will issue a User Name
				  and Password to agency liaisons. This User Name and Password will allow the
				  liaison to access submission forms and to post open meeting notices on the
				  Secretary of State's web site.
(c)
				  The certifying official indicates that he or she has certified a document by
				  signing the submission form that accompanies any document submitted for
				  publication in the
Texas Register.
The liaison indicates that
				  he or she has verified that the document meets Texas Register filing
				  requirements by signing the submission form.
(d) After submitting a document, the liaison
				  must be available to answer questions about the document.
(e) It is the liaison's responsibility to
				  keep his or her Texas Register account information current.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.4 - Acceptance or Refusal of a Document

Current through Reg. 49, No. 28; July 12, 2024
When we receive a document submission form in the Texas
					 Register office, we stamp it with the date, time of receipt, and a Texas
					 Register docket (TRD) number. We also write on the form the date of the issue
					 in which the document will be published if it meets our requirements. We then
					 fax an "acknowledgment of receipt" copy of the form back to the agency
					 liaison.
(1) If we find that the
				  document and submission form conform to statutory filing requirements and the
				  rules of this chapter, we accept it for filing and publication in the
Texas Register.
The date of receipt becomes the date of
				  filing.
(2) If we find that the
				  document or submission form does not conform to statutory filing requirements
				  or the rules of this chapter, we may refuse to accept it for filing and
				  publication. If we refuse the document, we will notify the agency liaison in
				  writing and explain why it was refused.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.5 - Corrections of Error and Omissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Notify
				  us in writing if the Texas Register publishes your agency's document with an
				  error or omission.
(b) Include the
				  following information in the notification:
(1) the agency name;
(2) the date of the issue and the specific
				  section of the
Texas Register
in which the error occurred (for
				  example, In Addition, Proposed Rules, etc.); and
(3) the nature of the error, and whether it
				  was made by the Texas Register or by the submitting agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.6 - Publication Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Register publishes 52 issues yearly, excluding indexes. Friday is the day of
				  publication.
(b) Rule filing
				  deadline: 12:00 noon, Monday, the week before publication. Miscellaneous
				  document filing deadline: 12:00 noon, Wednesday, the week before publication.
				  When a state holiday falls on Monday or Wednesday, the deadline will be the day
				  before Monday or Wednesday that is not a Saturday, Sunday, or state
				  holiday.
(c) We will post the
				  publication schedule on our web site. We will notify agencies in advance of any
				  changes that occur in the deadline and publication schedule by publishing a
				  notice in the "In Addition" section of the
Texas
				  Register.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter A - GENERAL › Section 91.7 - Subscription Rates and Individual Copies

Current through Reg. 49, No. 28; July 12, 2024
(a) The price of a
Texas
				  Register
subscription, either on an annual or six-month basis, will
				  not exceed the cost of publication and mailing. We will adjust print
				  subscription rates from time to time to offset changes in costs incidental to
				  publication and postage.
(b) As
				  mandated by the Government Code, §
										RSA
				  2002.057, concerning Electronic Availability
				  of Administrative Code, the
Texas Register
provides to the
				  public "specialized value-added services" in the form of electronic
				  subscriptions to e-mail notification, a historical document archive, and search
				  capabilities across the Texas Administrative Code and
Texas
				  Register.
We post subscription information about these services on our
				  web site.
(c) The Secretary of
				  State will approve all rate changes.
(d) We sell individual copies of the print
Texas Register,
if available, for a price not to exceed the
				  cost of publication and mailing. Current prices are published in the
Texas Register
inside front cover.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter B - NONRULEMAKING › Section 91.21 - How to File an Open Meeting Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Open Meetings Law, Government Code, Chapter 551, governs the posting of
				  open meeting notices.
(1) In accordance with
				  the Government Code, §
											RSA
				  551.044, statewide agencies that post open
				  meeting notices with the Secretary of State must give at least seven days'
				  notice before the time of meeting. The Secretary of State interprets the
				  seven-day posting requirement to mean seven full 24-hour periods before the day
				  of the meeting. The day of posting and the day of the meeting are not included
				  in calculating the seven-day period.
(2) In accordance with the Government Code,
				  §
											RSA
				  551.043, non-statewide government bodies that
				  post open meeting notices with the Secretary of State must give at least 72
				  hours' notice before the time of meeting.
(3) In the case of emergency or urgent public
				  necessity, the Government Code, §
											RSA
				  551.045, excepts statewide and non-statewide
				  agencies from the notice requirements in paragraphs (1) and (2) of this
				  subsection. If an emergency or urgent public necessity arises, an agency must
				  give at least two hours' notice of an open meeting or revision to an open
				  meeting agenda and clearly identify the emergency or urgent public necessity
				  that exists.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter B - NONRULEMAKING › Section 91.22 - How to File a Miscellaneous Document

Current through Reg. 49, No. 28; July 12, 2024
(a) We
				  publish miscellaneous documents in the "In Addition" section of the
Texas Register.
If publication of a notice of general interest
				  is not required by statute, the Texas Register may publish it as space and time
				  allow.
(b) Draft the text of the
				  document using the following codes:
Attached
					 Graphic
(c) Save
				  the text of the document in "Text Only (*.txt)" format. Name the file using the
				  month and date of submission followed by a decimal point and the agency code
				  assigned by the Texas Register. If you submit more than one file on the same
				  day, insert a letter in sequence after the date and before the decimal point.
				  For example: The file name 0715.004 indicates that a file was sent on July 15
				  by the Office of the Secretary of State while the names 0715a.004 and 0715b.004
				  indicate a second and third file were sent on the same day. If you are using
				  e-mail, include the file name in the subject line. You may submit more than one
				  miscellaneous or nonrulemaking document in an electronic file.
(d) Submit the file using either e-mail or
				  ftp (file transfer protocol).
(e)
				  If the miscellaneous document includes a graphic, submit the graphic file
				  electronically in compliance with §
										RSA
				  91.23 of this title (relating to How to File
				  Miscellaneous Graphics).
(f)
				  Complete a Miscellaneous Document form. Access the form on the Texas Register
				  web site under the link "For Liaisons Only" using the User Name and Password
				  described in §
										RSA
				  91.3(b) of this title
				  (relating to Liaison and Certifying Official). Submit the form either:
(1) electronically over the web; or
(2) by fax to the Texas Register
				  office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter B - NONRULEMAKING › Section 91.23 - How to File Miscellaneous Graphics

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a miscellaneous document has an associated graphic as defined in §
										RSA 91.2 of this
				  title (relating to Definitions), name the graphic file as follows: "date of
				  submission"_"Texas Register agency code"-x."file extension." Example:
				  0310_004-1.pdf denotes the first graphic file submitted on March 10 by the
				  Secretary of State.
(b) Use e-mail
				  or file transfer protocol (ftp) to submit it to the Texas Register.
(c) Mark on the submission form that the
				  miscellaneous document has an associated graphic. Indicate the name of the
				  graphic file and whether it was submitted via e-mail or ftp.
(d) We accept only the following formats for
				  graphic files:
(1) Word documents (.doc
				  extension);
(2) Word Perfect
				  documents (.wpd extension);
(3)
				  Hypertext Markup Language (.htm or .html extension);
(4) image files (.gif, .tif, .jpg, and .bmp
				  extensions); and
(5) Adobe Acrobat
				  files (.pdf extension).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter B - NONRULEMAKING › Section 91.24 - How to Submit Executive Orders, Opinions, and Exempt Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Register publishes:
(1) executive orders, appointments, and
				  proclamations filed by the Office of the Governor;
(2) summaries of requests for opinions and
				  summaries of opinions filed by the Texas Ethics Commission;
(3) summaries of requests for opinions,
				  summaries of opinions, and open records decisions filed by the Office of the
				  Attorney General; and
(4) notices
				  of proposed and final actions filed by the Texas Department of Insurance
				  pursuant to the Insurance Code, Chapter 5, Subchapter L.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.31 - Classification Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Use the following
				  classification structure when drafting rules.
(1) We assign each agency to a title
				  identified by a number and subject category. Example: Title 1,
				  Administration.
(2) We assign each
				  agency a part number to identify the agency within its title. The name of the
				  part is the agency's name. Example: Part 4, Office of the Secretary of
				  State.
(3) We assign a range of
				  chapter numbers to each agency. Within that range, organize and name the
				  chapters according to subject matter. Example: Chapter 91, Texas
				  Register.
(4) You may subdivide a
				  chapter into subchapters identified by capital letters. Name subchapters
				  according to subject matter. Example: Subchapter C, Rulemaking.
(5) You may subdivide a subchapter into
				  divisions identified by numbers. Name subdivisions according to subject matter.
				  Example: Division 1, Administration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.32 - Rule Numbers

Current through Reg. 49, No. 28; July 12, 2024
A rule number consists of the chapter number followed by a
					 decimal point and the individual section number. Example: §91.15. Neither
					 the chapter number nor the section number may exceed four digits. Comply with
					 paragraphs (1) - (3) of this section when you draft and submit rulemaking
					 documents.
(1) The proposed and
				  adopted version of a rule must have the same rule number.
(2) Do not amend rule numbers. To change a
				  rule number, repeal and replace the rule.
(3) Do not propose a new rule that uses the
				  number of a rule in TAC before you propose the repeal of the earlier rule. Do
				  not adopt a new rule that uses the number of a rule in TAC before you adopt the
				  repeal of the earlier rule. You may submit the repeal and new actions
				  simultaneously.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.33 - Rule Structure and Terminology

Current through Reg. 49, No. 28; July 12, 2024
(a) Follow the
				  structure and order outlined in paragraphs (1) - (7) of this subsection when
				  drafting a rule.
(1) The highest subdivision
				  within a rule is a "subsection." You need not subdivide below this level.
(A) When there are two or more subsections,
				  designate them with a lowercase letter in parenthesis. Example:
(a),
(b), etc.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.34 - Calculation of Dates

Current through Reg. 49, No. 28; July 12, 2024
We compute dates related to rulemaking submissions
					 according to the Government Code, §
										RSA
					 311.014, concerning Computation of
					 Time.
(1) In computing a period of
				  days, the first day, such as the date of publication or date of filing, is
				  excluded and the last day is included.
(2) If a number of months is to be computed
				  by counting the months from a particular day, the period ends on the same
				  numerical day in the concluding month as the numerical day of the earlier date.
				  If there are not as many days in the concluding month as in the beginning
				  month, the period ends on the last day of the concluding month. (Also see
				  §91.36(a) of the title (relating to How to File Adopted Rules).)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.35 - How to File Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Draft new
				  or amended rules according to the structure outlined in §
										RSA
				  91.33 of this title (relating to Rule
				  Structure and Terminology). You may group proposed new and/or amended rules
				  into one rulemaking document as long as they share the same chapter, subchapter
				  and division.
(1) Submit the complete text of
				  a new rule.
(2) When you propose to
				  amend an existing rule, put new language before obsolete language. You must
				  account for all existing language, but you may omit the text of one or more
				  subdivisions that are not being changed and replace it with the phrase "(No
				  change.)" Examples: "(a) (No change.)"; "(1) - (3) (No change.)" However, when
				  you propose to amend the text of a subdivision, you must submit the complete
				  text for every higher subdivision. Example: If subparagraph (B) under
				  subsection (a)(3) is amended, the entire text of subsection (a) and paragraph
				  (3) must be included in the document although only subparagraph (B) is being
				  amended. Do not designate an "implied (a)" as "(No change.)"
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.37 - How to File Emergency Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Draft new
				  or amended emergency rules according to the structure outlined in §
										RSA
				  91.33 of this title (relating to Rule
				  Structure and Terminology). You may group new and/or amended emergency rules
				  into one rulemaking document as long as they share the same chapter, subchapter
				  and division.
(1) Submit the complete text of
				  a new emergency rule.
(2) When you
				  propose an emergency amendment to an existing rule, put new language before
				  obsolete language. You must account for all existing language, but you may omit
				  the text of one or more subdivisions that are not being changed and replace it
				  with the phrase "(No change.)" Examples: "(a) (No change.)"; "(1) - (3) (No
				  change.)" However, when you propose to amend the text of a subdivision, you
				  must submit the complete text for every higher subdivision. Example: If
				  subparagraph (B) under subsection (a)(3) is amended, the entire text of
				  subsection (a) and paragraph (3) must be included in the document although only
				  subparagraph (B) is being amended. Do not designate an "implied (a)" as "(No
				  change.)"
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.38 - How to Withdraw a Proposed or Emergency Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete a Withdrawn Rulemaking form.
				  Access the form on the Texas Register web site under the link "For Liaisons
				  Only" using the User Name and Password described in §
										RSA
				  91.3(b) of this title
				  (relating to Liaison and Certifying Official). Submit the form either:
(1) electronically over the web; or
(2) by fax to the Texas Register
				  office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.39 - Rule Transfers and Invalid Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Rule
				  transfers (Government Code, §
										RSA
				  2002.058(a)). If legislation
				  transfers rulemaking authority to your agency from another agency, send a
				  letter to the director of the Texas Register, requesting the administrative
				  transfer of the rules in question. Cite the legislation that requires this
				  transfer as well as the effective date of the transfer. You will also submit a
				  rule conversion chart containing the old and new chapters, subchapters and
				  divisions (if applicable), and rule numbers affected by the transfer.
(1) Create the conversion chart in Word or
				  Word Perfect. Use the table format, not tabs.
(2) Submit the chart to the Texas Register
				  using e-mail or ftp (file transfer protocol).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.40 - How to File Adoption by Reference (ABR) Material

Current through Reg. 49, No. 28; July 12, 2024
(a) You may adopt the following documents by
				  reference:
(1) federal statutes and
				  regulations;
(2) state statutes and
				  rules;
(3) publications
				  specifically authorized by statute to be adopted by reference; and
(4) forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter C - RULEMAKING › Section 91.41 - How to Submit Rule Graphics

Current through Reg. 49, No. 28; July 12, 2024
(a) If a rule
				  document has an associated graphic as defined in §
										RSA 91.2 of this
				  title (relating to Definitions), name the rule graphic file as follows:
				  aa_bbbb_cccc-x."file extension." In this scheme, aa denotes the title number,
				  bbbb denotes the chapter number, cccc denotes the rule number, and x indicates
				  the number of the graphic file (if there is more than one accompanying the
				  rule). Example: 01_0091_0001-3.html indicates this is the third file submitted
				  for Title 1, Chapter 91, rule 1 (1 TAC §
										RSA 91.1). Add leading
				  zeroes to complete the aa_bbbb_cccc fields, if necessary.
(b) Use e-mail or file transfer protocol
				  (ftp) to submit it to the Texas Register.
(c) Mark on the submission form that the rule
				  document has an associated graphic. Indicate the name of the graphic file and
				  whether it was submitted via e-mail or ftp.
(d) We accept only the following formats for
				  graphic files:
(1) Word documents (.doc
				  extension);
(2) Word Perfect
				  documents (.wpd extension);
(3)
				  Hypertext Markup Language (.htm or .html extension);
(4) image files (.gif, .tif, .jpg, and .bmp
				  formats); and
(5) Adobe Acrobat
				  files (.pdf extension).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter D - RULE REVIEW › Section 91.71 - Scope of Rule Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The Government
				  Code, §
										RSA
				  2001.039, concerning Agency Review of
				  Existing Rules, directs state agencies to develop plans to review their rules
				  and to determine, at a minimum, whether the reasons for adopting the rules
				  still exist.
(b) The procedures in
				  this subchapter are discretionary, permitting agencies to distinguish rule
				  review from rulemaking. These procedures provide the Texas Register with the
				  information necessary to track rule review status. Agencies may determine to
				  follow these procedures to comply with the notice requirements of the
				  Government Code, §
										RSA
				  2001.039. We will track and report agency
				  rule review documents only if they are published in accordance with this
				  subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter D - RULE REVIEW › Section 91.72 - Plan to Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Agencies may file
				  rule review plans with the Texas Register.
(b) The plan must state the date by which the
				  agency will begin the review. Contact the Texas Register office or check the
				  Office of the Secretary of State's web site for examples of rule review plans
				  submitted by state agencies.
(c)
				  Draft a rule review plan as a Word or Word Perfect file (.doc or .wpd file
				  extension). Do not use the coding required for rulemaking, miscellaneous or
				  proposed or adopted review documents.
(d) Submit the rule review plan using e-mail
				  or ftp (file transfer protocol).
(e) Complete one Rule Review form for each
				  rule review plan document. Access the form on the Texas Register web site under
				  the link "For Liaisons Only" using the User Name and Password described in
				  §
										RSA
				  91.3(b) of this title
				  (relating to Liaison and Certifying Official). Submit the form either:
(1) electronically over the web; or
(2) by fax to the Texas Register
				  office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter D - RULE REVIEW › Section 91.73 - Notice of Intention to Review (Proposed Review)

Current through Reg. 49, No. 28; July 12, 2024
(a) Draft a notice of proposed review that
				  includes:
(1) the chapter numbers or
				  subchapter letters;
(2) a request
				  for comments on the chapters or subchapters from any interested person;
				  and
(3) any other statement that an
				  agency determines is required by law or explains the agency's
				  intentions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 91 - TEXAS REGISTER › Subchapter D - RULE REVIEW › Section 91.74 - Notice of Readoption (Adopted Review)

Current through Reg. 49, No. 28; July 12, 2024
(a) You may submit a notice of readoption
				  (adopted review) 30 days after publication of the notice of intention to review
				  (proposed review).
(b) An agency
				  may submit the review of multiple chapters, subchapters, divisions, or
				  sections, but the Texas Register will post a Chapter Review Date for a chapter
				  in TAC only after an agency submits a notice of readoption (adopted review) to
				  confirm the review of an entire chapter. To ensure that we will track the
				  Chapter Review Date, include a statement such as "This concludes the review of
				  Chapter ___."
(1) The Chapter Review Date is
				  the filing date of an adopted review notice, which states that the review of a
				  chapter is complete. An agency may specify an earlier date, such as the first
				  date on which an agency reviewed any portion of a chapter. The Chapter Review
				  Date does not represent the "effective date" of a rule under the Government
				  Code, §
											RSA
				  2001.036 (typically 20 days after filing),
				  nor does it represent the "effective date" under §1.11(c) of Acts 1999,
				  76th Legislature, Chapter 1499, Senate Bill 178 (the date on which the state
				  agency begins the review of the rule).
(2) The Chapter Review Date appears only in
				  the searchable version of the TAC database available to subscribers. The
				  Secretary of State will provide each agency with two free subscriptions to the
				  database.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.1 - Address

Current through Reg. 49, No. 28; July 12, 2024
All letters and other communications relating to trademark
					 matters should be addressed to: Secretary of State of Texas, Business &
					 Public Filings Division, P.O. Box 13697, Austin, Texas 78711-3697.
					 Correspondence is not received on Saturdays, Sundays, or legal
					 holidays.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.2 - Business To Be Transacted in Writing

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specifically stated in the rules of this
					 chapter, all business should be transacted in writing. The action of the
					 Secretary of State will be based on the written record; no consideration will
					 be given to any alleged oral promise, stipulation, or understanding in relation
					 to which there is disagreement or doubt.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.3 - Business To Be Conducted with Decorum and Courtesy

Current through Reg. 49, No. 28; July 12, 2024
Applicants and their attorneys or agents are required to
					 conduct their business with the Secretary of State with decorum and courtesy.
					 Written complaints against examiners and other employees must be kept separate
					 from any application file.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.4 - Correspondence

Current through Reg. 49, No. 28; July 12, 2024
(a) A letter relating to a trademark
				  application should identify the name of the applicant, the mark, and the
				  reference number appearing on the office action letter.
(b) Each application file should be complete
				  in itself. Although the response submitted for two or more applications may be
				  identical, a separate response should be provided for each
				  application.
(c) A letter relating
				  to a registered trademark should include the name of the registrant, an
				  identification of the mark, the registration number, and the date of
				  registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.5 - Times for Taking Action: Expiration on Saturday, Sunday, or Holiday

Current through Reg. 49, No. 28; July 12, 2024
Whenever periods of time are specified in these sections in
					 days, calendar days are intended. When the day, or the last day, fixed by
					 statute or by these sections for taking any action in the Office of the
					 Secretary of State falls on Saturday, Sunday, or on a legal holiday, the action
					 may be taken on the next succeeding day which is not a Saturday, Sunday, or a
					 legal holiday.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter A - GENERAL INFORMATION AND CORRESPONDENCE › Section 93.6 - Access to Applications

Current through Reg. 49, No. 28; July 12, 2024
Copies of pending applications and accompanying letters and
					 documents will be available for public inspection. Copies of the papers will be
					 furnished upon paying the appropriate fee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter B - REPRESENTATION › Section 93.11 - Representation by an Attorney

Current through Reg. 49, No. 28; July 12, 2024
The owner of a trademark may file the application for
					 registration of the mark or assignment or renewal of registration, or an
					 attorney may represent the owner. The Secretary of State cannot aid in the
					 selection of an attorney.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter B - REPRESENTATION › Section 93.12 - Recognition for Representation

Current through Reg. 49, No. 28; July 12, 2024
When an attorney at law, acting in a representative
					 capacity, appears in person or signs a paper in a trademark matter, the
					 personal appearance or signature shall constitute a representation to the
					 Secretary of State that the attorney is authorized and qualified to represent
					 the particular party. Further proof of authority to act in a representative
					 capacity may be required.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter B - REPRESENTATION › Section 93.13 - Correspondence with Attorney or Agent

Current through Reg. 49, No. 28; July 12, 2024
The Secretary of State will correspond with the attorney or
					 other recognized person representing the applicant. The Secretary of State will
					 not undertake correspondence with more than one attorney or agent. If more than
					 one attorney or agent appears, the Secretary of State will correspond with the
					 last one appearing, unless otherwise requested.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter B - REPRESENTATION › Section 93.14 - Revocation of Power of Attorney or Authorization of Agent

Current through Reg. 49, No. 28; July 12, 2024
Authority to represent an applicant may be revoked at any
					 stage in the registration proceedings upon notification to the Secretary of
					 State. Once revoked, the Secretary of State will communicate directly with the
					 applicant or with any other person authorized by the
					 applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter B - REPRESENTATION › Section 93.15 - Representation by Non-Lawyers

Current through Reg. 49, No. 28; July 12, 2024
Recognition of any person under this chapter is not to be
					 construed as sanctioning or authorizing the performance of any acts regarded as
					 the unauthorized practice of law.