Part IV.
Office of the Secretary of State
Chapter 71.
Office of the Secretary of State
The Office of the Secretary of State proposes revisions to Chapter
71. These revisions are concurrent with review of this chapter under the Section
167 of Article IX, General Appropriations Act, as published in the March 19,
1999, issue of the
Texas Register
(24 TexReg
2032). This revision proposes the repeal of §§71.1-71.3, 71.5, 71.6,
71.11, 71.21-71.26, 71.40-71.48 and 71.50. The repeals are necessary to remove
rules that repeat the text contained in statutory language or in other rules.
The rules concerning private use of the state seal of Texas are proposed for
repeal in order to propose them under new Chapter 72. The Office of Secretary
of State proposes new §71.1, concerning the availability of public records.
This new section reorganizes the provisions that are contained in existing
§§71.6 and 71.21-71.26. New §71.21 concerning service of process
will replace rules being repealed from Chapter 73.
Dan Procter, Associate Deputy Assistant for the Communications Section,
has determined that for the first five-year period the rules are in effect
there will be no fiscal implications for state or local government.
Mr. Procter also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be fewer rules to follow. Fewer rules will simplify access
to public records on file with the Office of the Secretary of State. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted in writing to Dan Procter, Texas
Register, 1019 Brazos, Room 245, Austin, Texas 78701.
Subchapter A. Practice and Procedure
1 TAC §§71.1-71.3, 71.5, 71.6, 71.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the authority of Texas
Government Code, Chapter 405.
The Government Code, Chapters 552 and 2001 affect this proposal.
§71.1.Conflicting Rules.
§71.2.Communications.
§71.3.Business To Be Transacted in Writing.
§71.5.Times for Taking Action.
§71.6.Public Record.
§71.11.Petition for Adoption of Rules.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902108
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
1 TAC §§71.21-71.26
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the authority of Texas
Government Code, Chapter 405.
The Government Code, Chapters 552 and 2001 affect this proposal.
§71.21.Applications.
§71.22.Documents Unavailable.
§71.23.Designated Inspection Area.
§71.24.Limited Copies Available at Times of Request.
§71.25.Approval of Applications to Review Documents.
§71.26.Inspection Hours.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902109
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
1 TAC §§71.40-71.48, 71.50
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the authority of Texas
Government Code, Chapter 405.
No other codes or statutes are affected by this proposal.
§71.40.Definitions.
§71.41.Application Process.
§71.42.Exemptions.
§71.43.Denial of Application.
§71.44.Fees: Payment of Money.
§71.45.Licensing.
§71.46.Quarterly Report.
§71.47.Monitoring.
§71.48.Enforcement.
§71.50.Standard Designs.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902110
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
Subchapter A. Inspection of Public Information
1 TAC §71.1
The new section is proposed under the authority of Texas Government
Code, Chapter 405.
The Government Code, Chapters 552 and 2001 affect this proposal.
§71.1.Inspection of Public Information.
(a)
Access to documents. Unless otherwise provided by constitutional
provision, statutory provision, or judicial decision, all documents on file
with the Office of the Secretary of State (Office) are specifically declared
to be public record.
(1)
Public access to documents on file with the Office requires
the approval and supervision of an authorized Office employee to ensure the
security and integrity of the documents.
(2)
Documents will be available for examination during
regular office hours in a manner that will not interfere with the operation
of the Office.
(b)
Written request. Apply to review documents on forms promulgated
by the Office or in a written request describing the information by name and/or
number.
(1)
Be prepared to provide and verify the name and address
of the applicant with a valid state driver license or other photo-identification.
(2)
Applications will be handled in the order in which
they are received.
(c)
Documents Unavailable. If a document is in active use or
in storage and, therefore, not available upon request, the Office shall specify
in writing the date and hour that the requested document will be available
for inspection.
(d)
Limited copies available at time of request. The Office
may limit the number of pages, which can be copied and supplied during a person's
visit if the number of copies requested is beyond the reasonable capacity
of the available personnel and machines. Copies in excess of the number available
during a person's visit will be made and mailed to the applicant in the order
in which the request is received.
(e)
Designated inspection area. Persons inspecting documents
may do so only in a designated inspection area. Each division of the Office
shall designate an area where an employee may assist persons inspecting documents.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902106
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
1 TAC §71.21
The new section is proposed under the authority of Texas Government
Code, Chapter 405.
The Government Code, Chapters 552 and 2001 affect this proposal.
§71.21.Service of Process.
(a)
Service on the Secretary. Service of process on the Secretary
of State may be accomplished under many of the existing statutory authorities
by delivering to the Secretary of State or to any clerk so designated by the
secretary of state, two copies of the process. The name and appropriate address
of the person or corporation being named as defendant must be provided. It
is the responsibility of the attorney or person seeking service of process
to determine when to obtain and to secure personal service of process upon
the Secretary of State.
(b)
Forwarding by the Secretary. One copy of the petition and
citation will be forwarded by registered or certified mail, as appropriate
under the particular statute under which service is being made, to the person
or corporation named at the address provided.
(c)
Certificate of Service. Upon request, the Secretary of
State will issue a certificate showing:
(1)
That service was accomplished;
(2)
That a copy of the process was forwarded to the named
defendant at the specified address; and
(3)
The disposition of the mailing shown on the postal
return receipt.
(d)
Fees. The fee due the Secretary of State for maintaining
a record of service upon the Secretary of State shall be as provided in the
Texas Business Corporation Act, Article 10.01. The fee for issuing a certificate
of service shall be as provided in Texas Government Code Annotated §405.031.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902107
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
1 TAC §§72.40-72.48, 72.50
The Office of the Secretary of State proposes new §§72.40-72.48
and 72.50, concerning the State Seal. The new sections are proposed as part
of a reorganization of rules in Chapter 71, concerning general policies and
procedures. The rules concerning the state seal are being proposed under this
new chapter to separate them from the rules concerning inspection of public
information. The text of these proposed new sections is similar in content
to the existing text under §§71.40-71.48 and 71.50, which are proposed
for repeal. These revisions are concurrent with rules review under the Section
167 of Article IX, General Appropriations Act, as published in the March 19,
1999, issue of the
Texas Register
(24 TexReg
2032). Following publication of the proposed review, we have received one
letter commenting on the review. An individual commenter recommended that
the term "state seal of Texas" be shortened to "state seal". The commenter
also recommended that the standard designs in §71.50 are not limited
to private use of the state seal. He suggested the rules be renamed "State
Seal." The Office agrees with the commenter's recommendations, which are reflected
in the text of the proposed new rules in Chapter 72.
Dan Procter, Associate Deputy Assistant for the Communications Section,
has determined that for the first five-year period the rules are in effect
there will be no fiscal implications for state or local government.
Mr. Procter also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be better organization of the rules under the Office of the
Secretary of State. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
rules as proposed.
Comments on the proposal may be submitted in writing to Dan Procter, Texas
Register, 1019 Brazos, Room 245, Austin, Texas 78701.
The new sections are proposed under the authority of Texas Government
Code, Chapter 405.
Texas Business and Commerce Code, §17.08 affects these rules.
§72.40.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. Unless
otherwise expressly provided, the past, present, or future tense includes
the other; the masculine, feminine, or neuter gender each includes the other;
and the singular and plural number each includes the other.
(1)
Abuse--Any departure from reasonable use: immoderate or
improper use; use contrary to customary or accepted practices and protocols
would be a misuse of the state seal.
(2)
Annual gross receipts--Gross receipts received during
the calendar year.
(3)
Applicant--A person who has applied for license.
(4)
Application--The act of making a formal request for
licensed permission to use the state seal.
(5)
Benefit--Anything reasonably regarded as an economic
gain or an economic advantage.
(6)
Calendar year--Period of time from January 1st to
December 31st, inclusive.
(7)
Commercial purpose--A purpose that is intended to
result in a profit or other tangible benefit but does not include:
(A)
an official use in a state function or the use of the state
seal or a representation of the state seal for a political purpose by an elected
official of this state;
(B)
the use of the state seal or a representation of the state
seal in an encyclopedia, dictionary, book, journal, pamphlet, periodical,
magazine, or newspaper incident to a description or history of seals, coats
of arms, heraldry, or the state of Texas;
(C)
the use of the state seal or a representation of the state
seal in a library, museum, or educational facility incident to descriptions
or exhibits relating to seals, coats of arms, heraldry, or the state of Texas;
(D)
the use of the state seal or a representation of the state
seal in a theatrical, motion-picture, television, or similar production for
a historical, educational, or newsworthy purpose; or
(E)
the use of the state seal or a representation of the state
seal for another historical, educational, or newsworthy purpose if authorized
in writing by the secretary of state.
(8)
Denial--A refusal to grant a license.
(9)
Elected official--Any individual who has been elected
to an office of state government which is filled by the choice of the voters,
including a member of the legislature.
(10)
General public--Any person of any nation, state,
county, municipality, or community including individuals who are employed
by the State of Texas.
(11)
Gross receipts--Total amount of money or the value
of the benefits received from the sale of licensed products.
(12)
License--Permission by the secretary of state to
conduct the use, manufacture, distribution, mass production, replication,
sale, or incorporation into advertisement, draft, or design the state seal
within the accepted criteria of this title.
(13)
Licensed product--A state seal product, which has
been approved by a license.
(14)
Licensee--The applicant who receives permission to
use the state seal.
(15)
Manufacturer--Any individual, partnership, corporation,
or other legal entity which transforms raw or prepared materials into a product
for trade or sale, including a publisher, printer, or advertiser.
(16)
Nonexact representation--A deceptively similar representation
of the state seal, including a state agency's seal, which incorporates the
state, seal.
(17)
Nonofficial use--Any use of the state seal that is
not an official use.
(18)
Official use--The use of the state seal by an officer
or employee of this state in performing a state function.
(19)
Person-Includes an individual, corporation, partnership,
association, and any other legal entity.
(20)
Political purpose--Any purpose designed to obtain
or publicize a public office or position.
(21)
Product--A good or service produced, manufactured,
or provided, either by natural means, by hand, or with tools, machinery, chemicals,
or the like.
(22)
Representation of the state seal--Includes a nonexact
representation that the secretary of state determines is deceptively similar
to the state seal.
(23)
Reverse of the state seal-has the meaning defined
by Article 6139f, Revised Civil Statutes.
(24)
Revocation--An unconditional cancellation and nullification
of an existing license by the Office of the Secretary of the State of Texas.
(25)
State agency--Any administrative department or commission
established by the State of Texas Constitution, the governor, or the Texas
Legislature.
(26)
State arms-has the meaning defined by Article 6139f,
Revised Civil Statutes.
(27)
State function--A state governmental activity authorized
or required by law.
(28)
State seal--means: The State Seal of Texas as defined
by Article IV, Section 19 of the Texas constitution.
(A)
the reverse of the state seal; and
(B)
the state arms.
(29)
Statute--Texas Business and Commerce Code, §17.08.
(30)
Suspension--A temporary stop order to previously
licensed uses.
§72.41.Application Process.
(a)
Any person not a state public official, or under the express
direction of a state agency and conducting official state business must, prior
to any use of the state seal in any commercial reproduction, distribution,
advertisement, manufacture, promotion, replication, sale, or any such activity
reasonably construed to be embraced by this description:
(1)
complete and file with the Office of the Secretary of State,
on a form prescribed by that office, an application for a license for the
private nonofficial use of the state seal;
(2)
obtain such license from the Office of the Secretary
of State.
(b)
A complete application must:
(1)
be legibly printed or typewritten;
(2)
include a specific description of the intended usage
involving the state seal;
(3)
be accompanied by a precise description and the specification
of the actual product to bear the state seal in the form of an architectural
drawing, an engineer's draft to scale, sales brochure, or lucid photograph;
and
(4)
be accompanied by the application fee required by
the statute and as set forth in § 72.44 of this title (relating to Fees;
Payment of Money).
(c)
Drawings and drafts must be done on standard size paper
(8 1/2 inches by 11 inches). Drawings and drafts will become a permanent part
of the application file.
(d)
Upon approval of a complete application, and payment of
the licensing fee, as set forth in §72.44 of this title (relating to
Fees; Payment of Money), the licensee shall receive from the secretary of
state a certificate bearing an identification number. Such number will be
composed of:
(1)
letters representing the initials of the name of the current
secretary of state of Texas;
(2)
four digits indicating the numerical month and year
in which the license was issued; and
(3)
three digits for the sequential number of the license.
(e)
Except as otherwise provided by law, no seal of any state
agency, which incorporates the state seal, may be used for a nonofficial use
by any person including any official or employee of said state agency. Unless
a license is first obtained pursuant to the procedures herein described, a
person may not use a state agency's representation of the state seal for a
commercial purpose.
§72.42.Exemptions.
(a)
State agencies and officials who use the state seal for
official uses or state functions have no application or fee requirement; however,
in an effort to achieve uniformity and continuity, state agencies and officials
are encouraged to submit their intended uses and renditions of the state seal
to the secretary of state.
(1)
When a manufacturer or vendor solely produces for, or solely
sells or distributes to a state agency a product bearing the state seal for
an official use or for a state function, no application or license is required.
(2)
A manufacturer or vendor seeking the exemption as
set forth in paragraph (1) of this subsection must provide the secretary of
state's office with the following:
(A)
a signed statement from that state agency or appropriate
state official that the product has been or will be used by the state agency
for an official use or a state function; and
(B)
a certification, on a form prescribed by the secretary
of state's office, from the manufacturer or vendor that the product is not
available to the general public.
(3)
Distribution or sale of the product to the general
public by the state agency shall not preclude a manufacturer or vendor from
obtaining the exemption, as set forth in paragraph (1) of this subsection.
(4)
When a manufacturer or vendor produces for, or sells
or distributes to a state agency a product bearing the state seal that is
also available to the general public, the manufacturer or vendor must file
an application in accordance with §72.41(a) of this title (relating to
Application Process), obtain a license in accordance with §72.45(a) of
this title (relating to Licensing), and pay, except as otherwise provided
by these administrative regulations, all fees required by §72.44 of this
title (relating to Fees; Payment of Money).
(5)
Gross receipts received from the sale of licensed
products to state agencies under the conditions set forth in paragraph (4)
of this subsection are exempt from the royalty fee required by the statute
and §72.44 of this title (relating to Fees; Payment of Money), provided
the manufacturer or vendor of the licensed products provides the secretary
of state's office with a signed statement from that state agency or appropriate
state official that the products have been or will be used by the state agency
for an official use or a state function.
(b)
Elected officials who use the state seal for political
purposes have no application or fee requirement.
(1)
When a manufacturer or vendor solely produces for, or solely
sells or distributes to an elected official a product bearing the state seal
for a political purpose, no application or license is required.
(2)
A manufacturer or vendor seeking the exemption as
set forth in paragraph (1) of this subsection must provide the secretary of
state's office with the following:
(A)
a signed statement from the elected official or designated
agent that the product has been or will be used by the elected official for
a political purpose; and
(B)
a certification, on a form prescribed by the secretary
of state's office, from the manufacturer or vendor that the product is not
available to the general public.
(3)
Distribution or sale of the product to the general
public by the elected official shall not preclude a manufacturer or vendor
from obtaining the exemption, as set forth in paragraph (1) of this subsection.
(4)
When a manufacturer or vendor produces for, sells,
or distributes to an elected official a product bearing the state seal that
is also available to the general public, the manufacturer or vendor must file
an application in accordance with §72.41(a) of this title (relating to
Application Process), obtain a license in accordance with §72.45(a) of
this title (relating to Licensing), and pay, except as otherwise provided
by these administrative regulations, all fees required by §72.44 of this
title (relating to Fees; Payment of Money).
(5)
Gross receipts received from the sale of licensed
products to an elected official under the conditions set forth in paragraph
(4) of this subsection are exempt from the royalty fee required by the statute
and §72.44 of this title (relating to Fees; Payment of Money), provided
the manufacturer or vendor of the licensed products provides the secretary
of state's office with a signed statement from the elected official or designated
agent that the products have been or will be used by the elected official
for a political purpose.
(c)
The manufacturer of a product bearing the state seal bears
the responsibility for filing the necessary application, obtaining the appropriate
license, and the payment of all fees required by the statute and these administrative
regulations.
(1)
Vendors or resellers are exempt from the application, licensing,
and fee requirements of the statute and these administrative regulations where
the manufacturer of the product transferred has obtained the required state
seal license, provided the vendor or reseller, prior to resale, obtains from
the manufacturer, on a form prescribed by the secretary of state's office,
a certification of the manufacturer's license.
(2)
The certification shall contain the manufacturer's
name, license number, and the type and number of items purchased.
(3)
The certification must be kept and maintained at the
vendor or reseller's place of business for four years and made readily available
for inspection by the secretary of state's office upon request.
(4)
A vendor or reseller who fails to obtain, maintain,
or make readily available for inspection the certifications of the manufacturer's
license shall be responsible for obtaining the necessary license and the payment
of all fees required by the statute and these administrative regulations.
§72.43.Denial of Application.
An original or renewal application may be denied for any of the following
reasons:
(1)
failure of the application to comply with the statute and
these administrative regulations;
(2)
failure to include the required fee;
(3)
where the intended use is deemed by the secretary
of state to be detrimental to the image of the state and not in its best interest.
§72.44.Fees: Payment of Money.
(a)
Application fees are required to be paid at the time of
presenting the original or renewal application for license. Licensing fees
must be paid within 21 days of the approval of the original or renewal license.
Royalty fees must be received with each quarterly report and in accordance
with the deadlines set forth under §72.46(c) of this title (relating
to Quarterly Reports). A fee shall be deemed delinquent if not received within
30 days after it is due.
(b)
All fees paid to the secretary of state shall be in United
States currency, cashier checks, money orders, certified checks, or personal
or corporate checks. Payment tendered in any other form will result in the
delay or cancellation of either the application or license.
(c)
A mere change of purpose after the payment of fees, as
when an applicant desires to withdraw an application from filing, or when
a licensee terminates its license, will not entitle either the applicant or
the licensee to a refund of any fees paid under the statute or these administrative
regulations.
(d)
Fee schedule is as follows.
(1)
Original or renewal application fee (Nonrefundable)--$35.
(2)
Original or renewal license fee--$250.
(3)
Royalty fee--3.0% of annual gross license receipts
in excess of $5,000.
(e)
Failure to pay fees as required by this subsection will
result in the following.
(1)
Failure to pay the original or renewal application fee
shall result in the denial of the application.
(2)
Failure to pay the licensing fee within 21 days of
the approval of the original or renewal application shall result in the denial
of a license and the cancellation of the previously approved application.
(3)
Failure to pay royalty fees may result in suspension
or revocation of license.
(4)
Appropriate enforcement action may be requested by
the secretary of state under §72.48 of this title (relating to Enforcement)
where a licensee has failed to pay fees when due.
§72.45.Licensing.
(a)
Grant of license. Upon approval of an application, and
payment of the licensing fee as set forth in §72.44 of this title (relating
to Fees; Payment of Money), any individual or corporation may be granted a
license which will certify to all that such person has complied with the requirements
of application and filing. Licensees may engage in the reproduction of the
state seal for private and public nonofficial uses. It is accepted that the
licensee will use the state seal in an exemplary manner. Any and all transactions
which involve the vendor, manufacturer, or distributor of the state seal and
the public are expected to be handled in an honest and conscientious fashion.
A licensee must display the license in a conspicuous manner in the licensee's
office or place of business.
(b)
Renewal of license. A renewal of a license must take place
annually on the renewal application and license form provided by the secretary
of state's office. A renewal may not be granted if licensee:
(1)
has used the state seal in a manner that is detrimental
to the image of the state and not in its best interests; or
(2)
has violated either the statute or these administrative
regulations.
(c)
Suspension of license. The licensee's use of the state
seal must not be detrimental to the image of the state and its best interests,
by virtue of its draft, design, presentation, association, distribution, manufacture,
or sale. Any such use, late payment, or nonpayment of a required fee, violation
of either the statute or these administrative regulations will result in the
suspension of the license.
(1)
A suspension may not take place until the licensee has
been sent notice and given an opportunity at a hearing to there show that
there is no basis for a suspension.
(2)
Any distribution, manufacture, and/or sale of licensed
products after the license has been suspended is unlawful.
(3)
Failure to observe a suspension or accompanying directive
may result in a revocation of the license.
(d)
Revocation of an existing license.
(1)
A license may be revoked for, but not limited to, the following
reasons:
(A)
use detrimental to the image of the state and not in its
best interests;
(B)
abusive use of the state seal;
(C)
criminal use of the state seal;
(D)
willful failure to observe reporting requirements;
(E)
a violation of the statute or these administrative regulations;
(F)
a continuing violation after notice thereof;
(G)
failure or refusal to allow monitoring under §72.47
of this title (relating to Monitoring).
(2)
A revocation may not take place until the licensee
has been sent notice and given an opportunity at a hearing to show that there
is no basis for a revocation.
§72.46.Quarterly Report.
(a)
Licensees must file with the Office of the Secretary of
State a statement (i.e., quarterly report), on a form prescribed by that office,
containing the following:
(1)
a statement of the total quantity of licensed products
sold;
(2)
the total amount of gross receipts received from the
sale of licensed products during the quarter;
(3)
where the licensee has obtained an exemption under
§72.42(a)(5) of this title (relating to Exemptions), the total amount
of gross receipts received from the sale of licensed products during the quarter
to state agencies;
(4)
where the licensee has obtained an exemption under
§72.42(b)(5) of this title (relating to Exemptions), the total amount
of gross receipts received from the sale of licensed products during the quarter
to elected officials;
(5)
the total amount of gross receipts derived by the
licensee from other uses of the state seal during the quarter;
(6)
the amount of any royalty fee due for the quarter.
(b)
The licensee shall remit with each quarterly report the
amount of any royalty fee due or a statement as to the reason no royalty fee
is due.
(c)
Where an applicant is licensed after January 1 of a calendar
year, the licensee's first quarterly report shall include the amount of gross
receipts received on licensed products from the beginning of the calendar
year.
(d)
A quarterly report must be filed in the Office of the Secretary
of State in each quarter in accordance with the following schedule:
(1)
first quarter (January 1-March 31)--quarterly report due
April 15 of the current calendar year;
(2)
second quarter (April 1-June 30)--quarterly report
due July 15 of the current calendar year;
(3)
third quarter (July 1-September 30)--quarterly report
due October 15 of the current calendar year;
(4)
fourth quarter (October 1-December 31)--quarterly
report due February 15 of the following calendar year.
§72.47.Monitoring.
The Office of the Secretary of State may conduct at its discretion,
random, unannounced examinations of the licensee's records during normal business
hours (8 a.m. through 5 p.m.) to determine the licensee's compliance with
the statute and these administrative regulations. All records related to the
statute and these administrative rules shall be kept in accordance with generally
accepted accounting principles at the licensee's place of business or a place
designated by written notification by certified mail, return receipt requested,
and maintained for four years. If the licensee fails to keep and make readily
available accurate records or file quarterly reports under §72.46 of
this title (relating to Quarterly Reports), the secretary of state may estimate
the royalty fee due based on any information available, including, but not
limited to, records of vendors, resellers, or manufacturers. Information contained
in quarterly reports filed with the Office of Secretary of State pursuant
to §72.46 of this title will be disclosed to the state comptroller, the
state auditor, or any similar state investigatory agency upon request.
§72.48.Enforcement.
In addition to the suspension or revocation of a state seal license,
the Office of the Secretary of State may:
(1)
request that the Texas attorney general bring a civil action
to enjoin either a violation of the statute or these administrative regulations
relating to the state seal, or to collect delinquent fees;
(2)
refer any criminal violations to the appropriate prosecuting
authority under the statute.
§72.50.Standard Designs.
The following illustrations depict the standard designs for the state
seal, the reverse of the state seal, and the state arms.
(1)
State seal. Figure: 1 TAC §72.50(1)
(2)
Reverse of the state seal. Figure: 1 TAC §72.50(2)
(3)
State arms. Figure: 1 TAC §72.50(3)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
April 9, 1999.
TRD-9902111
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
Subchapter C. Service of Process
Subchapter B. Inspection of Public Records
Subchapter C. Private Use of the State Seal of Texas
Chapter 71.
General Policies and Procedures
Subchapter B. Service of Process
Chapter 72.
State Seal
Chapter 73.
Statutory Documents