Part 7.
STATE SECURITIES BOARD
Chapter 101.
GENERAL ADMINISTRATION
7 TAC §101.1, 101.5, 101.6
The State Securities Board adopts amendments to §§101.1,
101.5, and 101.6 concerning general administrative matters. The rules were
adopted without changes to the proposed text as published in the April 4,
2003 issue of the
Texas Register
(28 TexReg
2830).
Grammatical errors and identifiers are corrected and the certification
fee is adjusted to the equivalent fee charged by the Secretary of State.
Persons requesting certified copies are apprised of the corresponding charges
and that cross-references are accurate.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
581-28-1. Section 28-1 provides the Board with the authority to adopt rules
and regulations necessary to carry out and implement the provisions of the
Texas Securities Act, including rules and regulations governing registration
statements and applications; defining terms; classifying securities, persons,
and matters within its jurisdiction; and prescribing different requirements
for different classes.
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 July 21, 2003.
TRD-200304364
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: August 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8300
7 TAC §§104.1, 104.2, 104.4 - 104.6
The State Securities Board adopts amendments to §§104.1,
104.2, 104.4, 104.5, and 104.6, concerning procedures for review of applications.
The rules were adopted without changes to the proposed text as published in
the April 4, 2003 issue of the
Texas Register
(28
TexReg 2831).
The rules are updated to reflect practice and an internal reorganization
creating a single Registration Division within the Agency.
The rules reflects current terminology and practice and conform to other
Board rules and the Texas Securities Act.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article
581-28-1. Section 28-1 provides the Board with the authority to adopt rules
and regulations necessary to carry out and implement the provisions of the
Texas Securities Act, including rules and regulations governing registration
statements and applications; defining terms; classifying securities, persons,
and matters within its jurisdiction; and prescribing different requirements
for different classes.
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 July 21, 2003.
TRD-200304365
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: August 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8300
7 TAC §113.4
The State Securities Board adopts an amendment to §113.4,
concerning consent to service of process. The rule was adopted without changes
to the proposed text as published in the April 4, 2003 issue of the
The requirement that a resolution be filed with the consent of service
in connection with an application to register securities is eliminated.
An unnecessary filing is eliminated.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
581-28-1. Section 28-1 provides the Board with the authority to adopt rules
and regulations necessary to carry out and implement the provisions of the
Texas Securities Act, including rules and regulations governing registration
statements and applications; defining terms; classifying securities, persons,
and matters within its jurisdiction; and prescribing different requirements
for different classes.
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 July 21, 2003.
TRD-200304366
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: August 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8300
7 TAC §114.3
The State Securities Board adopts an amendment to §114.3,
concerning consents to service of process. The rule was adopted without changes
to the proposed text as published in the April 4, 2003 issue of the
The requirement that a resolution be filed with the consent of service
in connection with a notice filing for federal covered securities is eliminated.
An unnecessary filing is eliminated.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Articles
581-28-1 and 581-5.T. Section 28-1 provides the Board with the authority to
adopt rules and regulations necessary to carry out and implement the provisions
of the Texas Securities Act, including rules and regulations governing registration
statements and applications; defining terms; classifying securities, persons,
and matters within its jurisdiction; and prescribing different requirements
for different classes. Section 5.T provides that the Board may prescribe new
exemptions by 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 July 21, 2003.
TRD-200304367
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: August 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8300
7 TAC §133.8
The State Securities Board repeals rule §133.8, a form
concerning power of attorney. The rule repeal was adopted without changes
to the proposed text as published in the April 4, 2003, issue of the
The repeal allows for the simultaneous adoption of a new power of attorney
form.
The repeal eliminates an outdated form.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 581-28-1.
Section 28-1 provides the Board with the authority to adopt rules and regulations
necessary to carry out and implement the provisions of the Texas Securities
Act, including rules and regulations governing registration statements and
applications; defining terms; classifying securities, persons, and matters
within its jurisdiction; and prescribing different requirements for different
classes.
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 July 21, 2003.
TRD-200304368
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: August 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8300
Chapter 104.
PROCEDURE FOR REVIEW OF APPLICATIONS
Chapter 113.
REGISTRATION OF SECURITIES
Chapter 114.
FEDERAL COVERED SECURITIES
Chapter 133.
FORMS