Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor reviewed the rules affecting the Criminal
Justice Division grant processes and procedures with the goal of increasing
efficiency and updating the rules to address changes in the administration
process. The review disclosed that a number of the rules required further
clarification and simplification. Therefore, the Office of the Governor amends
and repeals these sections of the Texas Administrative Code identified below.
The Office of the Governor adopts amendments to Chapter 3, Subchapter A, §§3.1,
3.3, 3.5, 3.7, and 3.11; Subchapter B, §§3.51, 3.73, 3.75, 3.79,
and 3.81; Subchapter C, §§3.713, 3.1403, and 3.1413; Subchapter
D, §§3.2007; 3.2013, and 3.2021; Subchapter E, §§3.2507,
3.2511, 3.2513, and 3.2521; and Subchapter F, §3.2601 without changes
as published in the July 20, 2001, issue of the
Texas Register
(26 TexReg 5311). The revisions clarify existing provisions
and add new general and fund-specific requirements.
The Office of the Governor adopts amendments to Chapter 3, Subchapter C, §3.703;
and Subchapter E, §3.2501 with changes to the proposed text. For §3.703,
the proposed rule changes included duplicative language in §3.703, subsection
(a), paragraphs (6) and (14). The text of the adopted rule deletes paragraph
(14). For §3.2501, the proposed text contained errors in capitalization.
The text of the adopted rule changes
the
from
uppercase to lowercase in subsection (a), paragraphs (1), (2), and (3).
The adopted amendments provide processes and procedures relating to grants
made through the Criminal Justice Division and include, but are not limited
to, general grant applicability and definitions, grant submission, selection,
appeals and acceptance processes, community plans, grant budget requirements,
confidential funds certification, pre-approval requirements for procurement,
grant officials and grant adjustments, financial reports, program monitoring;
and, fund-specific policies relating to criminal justice and victim grants.
Subchapter A concerns General Grant Program Provisions. Subchapter B concerns
General Grant Program Policies. Subchapter C concerns Fund-Specific Grant
Policies. Subchapter D concerns Conditions of Grant Funding. Subchapter E
concerns Administering Grants. Subchapter F concerns Program Monitoring and
Audits.
The Office of the Governor repeals Chapter 3, Subchapter A, §3.13
and §3.15; Subchapter B, §3.57; Subchapter C, §§3.307,
3.507, 3.707, 3.807, 3.907, 3.1107, 3.1207, and 3.1507; and Subchapter F, §3.2605
and §3.2607 without changes to the proposed text as published in the
July 20, 2001, issue of the
Texas Register
(26 TexReg 5311).
No public comments were received on either the amended or repealed rules.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.3, 3.5, 3.7, 3.11
The amendment and repeal of these rules are adopted under
the Texas Government Code, Title 7, §772.006 (a) (11), which provides
the Office of the Governor, Criminal Justice Division, the authority to adopt
rules and procedures as necessary.
The amended and repealed rules implement the Texas Government Code, Title
7, §772.066 (a), which requires the Office of the Governor, Criminal
Justice Division, to advise and assist the governor in developing policies,
plans, programs, and proposed legislation for improving the coordination,
administration, and effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amendments or repeals.
The adoption of these rules is under the Texas Government Code, Title 7, §772.006
(a) (11), which provides the Office of the Governor, Criminal Justice Division,
the authority to adopt rules and procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 20, 2001.
TRD-200104856
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.13, §3.15
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104867
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1.
ELIGIBILITY REQUIREMENTS
1 TAC §3.51
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104857
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.57
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104868
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §§3.73, 3.75, 3.79, 3.81
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The adopted rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104858
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
3.
TITLE V DELINQUENCY PREVENTION
1 TAC §3.307
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104869
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.507
The adoption of these rules is proposed under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104870
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.703
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
§3.703.Project Requirements.
All projects must meet at least one of the following purpose areas.
(1)
Multi-jurisdictional and multi-county task force projects
that integrate federal, state and local drug law enforcement agencies and
prosecutors for the purpose of enhancing interagency coordination, acquiring
intelligence information, and facilitating multi-jurisdictional investigations.
TNCP task forces must use the Texas Narcotics Information System (TNIS) and
provide input of task force drug intelligence information into the System;
(2)
projects designed to target the domestic sources of controlled
and illegal substances, such as precursor chemicals, diverted pharmaceuticals,
clandestine laboratories, and cannabis cultivation;
(3)
projects that will improve the operational effectiveness
of law enforcement through the use of crime analysis techniques, street sales
enforcement, schoolyard violator projects, and gang related and low income
housing drug control projects;
(4)
law enforcement and prevention projects that address problems
with gangs or youth who are at risk of becoming involved in gangs;
(5)
financial investigation projects that target the identification
of money-laundering operations and assets obtained through illegal drug trafficking,
including the development of proposed model legislation, financial investigative
training, and financial information sharing systems;
(6)
projects that improve the operational effectiveness of
the court process by expanding prosecution, defender, and judicial resources
and by implementing court delay-reduction programs;
(7)
criminal justice information systems, including automated
fingerprint identification systems, that assist law enforcement, prosecution,
courts and corrections' organizations;
(8)
innovative projects that demonstrate new and different
approaches to the enforcement, prosecution, and adjudication of drug offenses
and other serious crimes;
(9)
drug control evaluation projects that state and local units
of government may use to evaluate projects directed at state drug-control
activities;
(10)
projects to develop and implement antiterrorism training
projects and to procure equipment for use by local law enforcement authorities;
(11)
improving or developing forensic laboratory capability
to analyze DNA samples;
(12)
demand reduction education programs in which law enforcement
officers participate;
(13)
career criminal prosecution programs including the development
of proposed model drug control legislation;
(14)
programs designed to provide additional public correctional
resources and improve the corrections system, including treatment in prisons
and jails, intensive supervision programs, and long-range corrections and
sentencing strategies;
(15)
providing prison industry projects designed to place inmates
in a realistic working and training environment which will enable them to
acquire marketable skills and to make financial payments for restitution to
their victims, for support of their own families, and for support of themselves
in the institution;
(16)
providing programs which identify and meet the treatment
needs of adult and juvenile drug-dependent and alcohol-dependent offenders;
(17)
developing and implementing programs which provide assistance
to jurors and witnesses, and assistance (other than compensation) to victims
of crimes;
(18)
developing programs to improve drug control technology,
such as pretrial drug testing programs, programs which provide for the identification,
assessment, referral to treatment, case management and monitoring of drug
dependent offenders, and enhancement of State and local forensic laboratories;
(19)
improving the criminal and juvenile justice system's response
to domestic and family violence, including spouse abuse, child abuse, and
abuse of the elderly; or
(20)
providing alternatives to prevent detention, jail, and
prison for persons who pose no danger to the community.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104859
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.707
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104871
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.713
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104860
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 475-3155
1 TAC §3.807
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104872
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.907
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104873
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.1107
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104874
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.1207
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104875
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.1403, §3.1413
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104862
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.1507
The adoption of this rule is under the Texas Government Code,
Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rule implements the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of this
repealed rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104876
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §§3.2007, 3.2013, 3.2021
The adoption of these rules is proposed under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104863
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.2501
The adoption of this rule is under the Texas Government Code,
Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of this
amended rule.
§3.2501.Grant Officials.
Each grant must have three different persons designated to serve as
grant officials:
(1)
the project director. This person must be (at the applicant's
option) an employee of the applicant agency or be from the contractor organization
that will be responsible for project operation or monitoring and who will
serve as the point-of-contact regarding the project's day-to-day operations.
In Crime Stoppers Programs this person can be an employee of a law enforcement
agency who will act as the coordinator;
(2)
the financial officer. This person must be the chief financial
officer of the applicant agency. A county auditor, city treasurer, comptroller,
or the treasurer of a nonprofit corporation's board may serve as the project's
financial officer; and
(3)
the authorized official. This person must be authorized
to apply for, accept, decline, or cancel the grant for the applicant agency.
The executive director of a state agency, county judge, mayor, city manager,
chairman of a nonprofit board, director of a community supervision and corrections
department, or a designee authorized by the governing body in its resolution
may serve as the authorized official.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104864
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §§3.2507, 3.2511, 3.2513, 3.2521
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
amended rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104865
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.2601
The adoption of this rule is under the Texas Government Code,
Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of this
amended rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104866
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
1 TAC §3.2605, §3.2607
The adoption of these rules is under the Texas Government
Code, Title 7, §772.006 (a) (11), which provides the Office of the Governor,
Criminal Justice Division, the authority to adopt rules and procedures as
necessary.
The repealed rules implement the Texas Government Code, Title 7, §772.066
(a), which requires the Office of the Governor, Criminal Justice Division,
to advise and assist the governor in developing policies, plans, programs,
and proposed legislation for improving the coordination, administration, and
effectiveness of the criminal justice system.
No other statutes, articles or codes are affected by the adoption of these
repealed rules.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 20, 2001.
TRD-200104877
David Zimmerman
Assistant General Counsel
Office of the Governor
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-1919
Chapter 95.
UNIFORM COMMERCIAL CODE
The Office of the Secretary of State adopts the repeals of §§95.100-95.117
A. General Provisions, §§95.200-95.207 B. Information Required for
Indexing, §§95.300-95.304 C. Acceptance and Refusal of Documents, §§95.400-95.414
D. UCC Information Management System, §§95.440-95.450 E. EDI Documents, §§95.500-95.520
F. Filing and Data Entry Procedures, §§95.601-95.605 G. Search Requests
and Reports, §§95.700-95.706 H. Other Notices of Liens, and §§95.800-95.803
I. Rulemaking Procedures, without changes to the proposed text as published
in the June 15, 2001, issue of the
Texas Register
(26 TexReg 4327) and will not be republished.
The purpose of the repeals is to conform to national model administrative
rules promulgated by the International Association of Corporation Administrators.
No comments were received regarding the repeal of the old rules.
The new sections provide current filing policies and procedures for the
Uniform Commercial Code Section.
Subchapter A. GENERAL PROVISIONS
1 TAC §§95.100 - 95.117
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 15, 2001.
TRD-200104716
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.200 - 95.207
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104717
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.300 - 95.304
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104718
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.400- 95.414
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104719
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.440 - 95.450
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104720
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.500 - 95.520
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104721
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.601 - 95.605
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104722
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-4701
1 TAC §§95.700 - 75.706
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104723
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.800 - 95.803
The repeals are adopted under §§9.401 - 9.412 Texas
Business and Commerce Code, §§35.01 - 35.09 Texas Business and Commerce
Code, §§14.001 - 14.007 Texas Property Code, §128, Texas Agriculture
Code, §188, Texas Agriculture Code, §42.22 Texas Code of Criminal
Procedure, and §§51.901 - 51.905 Texas Government Code which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code, subchapter A
of Chapter 35, Miscellaneous, chapter 14, Uniform Federal Lien Registration
Act, subtitle H of Title 5, Texas Agriculture Code, subtitle E of Title 6,
Texas Agriculture Code, and subchapter J of Chapter 51, Texas Government Code.
No other statutes, articles or codes are affected by this repeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104724
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
The Office of the Secretary of State adopts new §§95.100-95.117
A. General Provisions, §§95.200-95.207 B. Acceptance and Refusal
of Documents, §§95.300-95.312 C. UCC Information Management System, §§95.350-95.358
D. EDI Documents, §§95.370-95.372 E. Direct On-line (SOSDirect)
Data Entry Procedures, §§95.400-95.417 F. Filing and Data Entry
Procedures, §§95.500-95.504 G. Search Requests and Reports, §§95.600-95.606
H. Other Notices of Liens, and §§95.700-95.703 I. Rulemaking Procedures.
Section 95.111 is adopted with changes to subsections (c) and (g) in order
to clarify the fee structure. Sections 95.100 - 95.110, §§95.112
- 95.117, §§95.200-95.207, §§95.300-95.312, §§95.350-95.358, §§95.370-95.372, §§95.400-95.417, §§95.500-95.504, §§95.600-95.606,
and §§95.700-95.703 are adopted without changes to the proposed
text as published in the June 15, 2001, issue of the
Texas Register
(26TexReg 4327).
The purpose of the new sections is to conform to national model administrative
rules promulgated by the International Association of Corporation Administrators.
The new sections provide current filing policies and procedures for the
Uniform Commercial Code Section.
No comments were received regarding adoption of the new rules.
Subchapter A. GENERAL PROVISIONS
1 TAC §§95.100 - 95.117
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01
- 35.09 Texas Business and Commerce Code, §§14.001 - 14.007 Texas
Property Code, §128, Texas Agriculture Code, §188, Texas Agriculture
Code, §42.22 Texas Code of Criminal Procedure, and §§51.901
- 51.905 Texas Government Code which provides the Secretary of State with
the authority to adopt rules necessary to administer subchapter D of Chapter
9, Texas Business and Commerce Code, subchapter A of Chapter 35, Miscellaneous,
chapter 14, Uniform Federal Lien Registration Act, subtitle H of Title 5,
Texas Agriculture Code, subtitle E of Title 6, Texas Agriculture Code, and
subchapter J of Chapter 51, Texas Government Code.
§95.111.Filing Fees.
(a)
Filing fee. The fee for filing and indexing a UCC document
of one or two pages communicated on paper or in a paper-based format (including
faxes) is pursuant to §9.525(a)(1), Texas Business and Commerce Code.
If there are additional pages, the fee is pursuant to §9.525(a)(2), Texas
Business and Commerce Code. But the fee for filing and indexing a UCC document
communicated by a medium authorized by these rules which is other than on
paper or in a paper-based format is pursuant to §9.525(a)(3), Texas Business
and Commerce Code.
(b)
Additional fees. In addition to fees set forth in §95.111(a)
of this title, a fee pursuant to §9.525(b)(1), Texas Business and Commerce
Code, shall be paid for an initial financing statement that indicates that
it is filed in connection with a public-finance transaction and a fee pursuant
to §9.525(b)(2), Texas Business and Commerce Code, shall be paid for
an initial financing statement that indicates that it is filed in connection
with a manufactured-home transaction.
(c)
UCC search fee. The fee for responding to an information
request communicated on paper or in a paper-based format is pursuant to §9.525(d)(1),
Texas Business and Commerce Code. The fee for responding to an information
request which was communicated by a medium as described in §95.350 et
seq. of this title is $3 and by a medium as described in §95.370 et seq.
of this title is $15. The fee for responding to a web inquiry which was communicated
by a medium described in §95.370 et seq. of this title is $1.
(d)
Certified copies. The fee for certified copies of records
is pursuant to §552.261, Texas Government Code, and §71.8 of this
title.
(e)
Self-service pages. The fee for uncertified copies of records
is pursuant to §552.261, Texas Government Code, and §71.8 of this
title.
(f)
Special fees for fax filings. The fee for filing and indexing
a UCC document of one or two pages communicated on paper or in a paper-based
format is pursuant to §9.525(a)(1), Texas Business and Commerce Code.
If there are additional pages, the fee is pursuant to §9.525(a)(2), Texas
Business and Commerce Code. The fee for expedite handling is pursuant to §405.032,
Texas Government Code and the fee per acknowledgment page is pursuant to §405.031,
Texas Government Code.
(g)
Special fees for fax UCC searches. The fee for a responding
to an information request communicated on paper or in a paper-based format
is pursuant to §9.525(d)(1), Texas Business and Commerce Code. The fee
for responding to an information request which was communicated by a medium
as described in §95.350 et seq. of this title is $3 and by a medium as
described in §95.370 et seq. of this title is $15. The fee for responding
to a web inquiry which was communicated by a medium described in §95.370
et seq. of this title is $1. The fee for the fax service is pursuant to §405.032,
Texas Government Code and §71.8 of this title.
(h)
Master filing filing fee. The fee for a master filing delivered
in a form pursuant to §9.512(f) and §9.514(d), Texas Business and
Commerce Code, is pursuant to §9.525(f), Texas Business and Commerce
Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 15, 2001.
TRD-200104725
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.200 - 95.207
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104726
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.300 - 95.312
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104727
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.350 - 95.358
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104728
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.370 - 95.372
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104729
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.400 - 95.417
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104730
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.500 - 95.504
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104731
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.600 - 95.606
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104732
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§95.700 - 95.703
The new sections are adopted under §§9.501-9.527
Texas Business and Commerce Code (effective July 1, 2001), §§35.01-35.09
Texas Business and Commerce Code, §§14.001-14.007 Texas Property
Code, §§128, Texas Agriculture Code, §§188, Texas Agriculture
Code, §§42.22 Texas Code of Criminal Procedure, and §§51.901-51.905
Texas Government Code which provides the Secretary of State with the authority
to adopt rules necessary to administer subchapter D of Chapter 9, Texas Business
and Commerce Code, subchapter A of Chapter 35, Miscellaneous, chapter 14,
Uniform Federal Lien Registration Act, subtitle H of Title 5, Texas Agriculture
Code, subtitle E of Title 6, Texas Agriculture Code, and subchapter J of Chapter
51, Texas Government Code.
No other statutes, articles or codes are affected by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104733
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
The Office of the Secretary of State adopts the repeal of §§96.1
- 96.6, A. General Provisions, §§96.20 - 96.23, B. Duties of the
Filing Officer, §§96.40 - 96.44, C. Standards for Review and Indexing, §§96.60
- 96.66, D. Filings, and §§96.80-96.82, E. Search and Information
Requests, without changes to the proposed text as published in the June 15,
2001, issue of the
Texas Register
(26 TexReg
4327) and will not be republished.
The purpose of the repeals is to conform to national model administrative
rules promulgated by the International Association of Corporation Administrators.
No comments were received regarding the repeal of the old rules.
Subchapter A. GENERAL PROVISIONS
1 TAC §§96.1 - 96.6
The repeal is adopted under §§9.401 - 9.412 Texas
Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 15, 2001.
TRD-200104734
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.20 - 96.23
The repeal is adopted under §§9.401 - 9.412 Texas
Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104735
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.40 - 96.44
The repeal is adopted under §§9.401 - 9.412 Texas
Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104736
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.60 - 96.66
The repeal is adopted under §§9.401 - 9.412 Texas
Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104737
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.80 - 96.82
The repeal is adopted under §§9.401 - 9.412 Texas
Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104738
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
The Office of the Secretary of State adopts new §§96.1 -
96.6, A. General Provisions, §§96.20 - 96.23, B. Duties of the Filing
Officer, §§96.40 - 96.44, C. Standards of Review and Indexing, §§96.60
- 96.66, D. Filings, and §§96.80 - 96.82, E. Search and Information
Requests. Section 96.5 is adopted with changes to subsection (b) in order
to clarify the fee structure. Sections 96.1 - 96.4, 96.6, 96.20 - 96.23, 96.40
- 96.44, 96.60 - 96.66, and 96.80 - 96.82 are adopted without changes to the
proposed text as published in the June 15, 2001, issue of the
Texas Register
(26 TexReg 4327).
The purpose of the new sections is to conform to national model administrative
rules promulgated by the International Association of Corporation Administrators.
The new sections provide current filing policies and procedures for the
Uniform Commercial Code Section.
No comments were received regarding adoption of the new rules.
Subchapter A. GENERAL PROVISIONS
1 TAC §§96.1 - 96.6
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code.
§96.5.Fees.
(a)
The fee for filing and indexing a transition property notice
document of one or two pages communicated on paper or in a paper-based format
(including faxes) is pursuant to §9.525(a)(1), Texas Business and Commerce
Code. If there are additional pages, the fee is pursuant to §9.525(a)(2),
Texas Business and Commerce Code.
(b)
The fee for responding to an information request which
was communicated on paper or in a paper-based format is pursuant to §9.525(d)(1),
Texas Business and Commerce Code. The fee for responding to an information
request which was communicated by a medium as described in §95.350 et
seq. of this title is $3 and by a medium as described in §95.370 et seq.
of this title is $15. The fee for responding to a web inquiry which was communicated
by a medium described in §95.370 et seq. of this title is $1.
(c)
The fee for certified copies of transition property notice
filings made in connection with an information request is pursuant to §552.261,
Texas Government Code, and §71.8 of this title.
(d)
The fee for uncertified copies of records is pursuant to §552.261,
Texas Government Code, and §71.8 of this title.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 15, 2001.
TRD-200104739
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.20 - 96.23
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104740
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.40 - 96.44
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104741
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.60 - 96.66
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104742
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
1 TAC §§96.80 - 96.82
The new sections are adopted under §§9.501 - 9.527
Texas Business and Commerce Code (effective July 1, 2001), which provides
the Secretary of State with the authority to adopt rules necessary to administer
subchapter D of Chapter 9, Texas Business and Commerce Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 15, 2001.
TRD-200104743
Geoffrey Connor
Assistant Secretary of State
Office of the Secretary of State
Effective date: September 4, 2001
Proposal publication date: June 15, 2001
For further information, please call: (512) 463-5701
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter E. COMMUNITY CARE FOR AGED AND DISABLED
Subchapter B. GENERAL GRANT PROGRAM POLICIES
2.
GRANT BUDGET REQUIREMENTS
Subchapter C. FUND-SPECIFIC GRANT POLICIES
5.
VICTIMS OF CRIME ACT FUND
7.
TEXAS NARCOTICS CONTROL PROGRAM
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
9.
VIOLENCE AGAINST WOMEN ACT FUND
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS GRANT PROGRAM
12.
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
15.
CLOSED CIRCUIT TELEVISING OF TESTIMONY PROGRAM
Subchapter D. CONDITIONS OF GRANT FUNDING
Subchapter E. ADMINISTERING GRANTS
Subchapter F. PROGRAM MONITORING AND AUDITS
Part 4.
OFFICE OF THE SECRETARY OF STATE
Subchapter B. INFORMATION REQUIRED FOR INDEXING
Subchapter C. ACCEPTANCE AND REFUSAL OF DOCUMENTS
Subchapter D. UCC INFORMATION MANAGEMENT SYSTEM
Subchapter E. EDI DOCUMENTS
Subchapter F. FILING AND DATA ENTRY PROCEDURES
Subchapter G. SEARCH REQUESTS AND REPORTS
Subchapter H. OTHER NOTICES OF LIENS
Subchapter I. RULEMAKING PROCEDURE
Chapter 95.
UNIFORM COMMERCIAL CODE
Subchapter B. ACCEPTANCE AND REFUSAL OF DOCUMENTS
Subchapter C. UCC INFORMATION MANAGEMENT SYSTEM
Subchapter D. EDI DOCUMENTS
Subchapter E. DIRECT ON-LINE (SOSDIRECT) DATA ENTRY PROCEDURES
Subchapter F. FILING AND DATA ENTRY PROCEDURES
Subchapter G. SEARCH REQUESTS AND REPORTS
Subchapter H. OTHER NOTICES OF LIENS
Subchapter I. RULEMAKING PROCEDURE
Chapter 96.
ELECTRIC UTILITY TRANSITION PROPERTY NOTICE FILINGS
Subchapter B. DUTIES OF THE FILING OFFICER
Subchapter C. STANDARDS OF REVIEW AND INDEXING
Subchapter D. FILINGS
Subchapter E. SEARCH AND INFORMATION REQUESTS
Chapter 96.
ELECTRIC UTILITY TRANSITION PROPERTY NOTICE FILINGS
Subchapter B. DUTIES OF THE FILING OFFICER
Subchapter C. STANDARDS OF REVIEW AND INDEXING
Subchapter D. FILINGS
Subchapter E. SEARCH AND INFORMATION REQUESTS
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION