TITLE 1. ADMINISTRATION

PART 4. OFFICE OF THE SECRETARY OF STATE

CHAPTER 97. BUSINESS OPPORTUNITY

The Office of the Secretary of State adopts amendments to 1 TAC §§97.1, 97.21 - 97.23, 97.27, 97.28, 97.31, 97.32, 97.41, and 97.42, concerning business opportunities, without changes to the proposed text as published in the July 10, 2009, issue of the Texas Register (34 TexReg 4597).

The amendments are adopted to clarify the rules, update the mailing address for the Office of the Secretary of State, correct outdated citations, provide the secretary of state's website, and remove references to specific required forms by name.

Additionally, §97.32 and §97.42 are amended to provide for cancellation of a trust account or letter of credit, respectively two years after the registrant formally terminates the registration or upon approval from the secretary of state, rather than requiring both two years passing and secretary of state approval.

The Secretary of State received no comments regarding the proposed amendments.

SUBCHAPTER A. BUSINESS OPPORTUNITY REGISTRATION

1 TAC §97.1

The amendment is adopted under the authority of the Administrative Procedure Act, Chapter 2001, Government Code and the Business Opportunity Act, Chapter 51, Business and Commerce Code, which provides for the secretary of state to prescribe forms, set fees, and adopt rules to administer and enforce Chapter 51.

No other code or statute is 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 14, 2009.

TRD-200903596

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562


SUBCHAPTER B. FEES AND GENERAL INFORMATION

1 TAC §§97.21 - 97.23, 97.27, 97.28

The amendments are adopted under the authority of the Administrative Procedure Act, Chapter 2001, Government Code and the Business Opportunity Act, Chapter 51, Business and Commerce Code, which provides for the secretary of state to prescribe forms, set fees, and adopt rules to administer and enforce Chapter 51.

No other code or statute is 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 14, 2009.

TRD-200903597

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562


SUBCHAPTER C. TRUST ACCOUNT

1 TAC §97.31, §97.32

The amendments are adopted under the authority of the Administrative Procedure Act, Chapter 2001, Government Code and the Business Opportunity Act, Chapter 51, Business and Commerce Code, which provides for the secretary of state to prescribe forms, set fees, and adopt rules to administer and enforce Chapter 51.

No other code or statute is 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 14, 2009.

TRD-200903598

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562


SUBCHAPTER D. IRREVOCABLE LETTER OF CREDIT

1 TAC §97.41, §97.42

The amendments are adopted under the authority of the Administrative Procedure Act, Chapter 2001, Government Code and the Business Opportunity Act, Chapter 51, Business and Commerce Code, which provides for the secretary of state to prescribe forms, set fees, and adopt rules to administer and enforce Chapter 51.

No other code or statute is 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 14, 2009.

TRD-200903599

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562


CHAPTER 103. MEMBERSHIP CAMPING RESORTS

The Office of the Secretary of State adopts the repeal of 1 TAC §§103.1, 103.2, 103.10 and 103.21 and new §§103.1 - 103.3, concerning membership camping resorts. The repeal and new sections are adopted without changes to the proposal as published in the July 10, 2009, issue of the Texas Register (34 TexReg 4600).

The repeal and new sections are adopted to update the mailing address for the Office of the Secretary of State, correct outdated citations, provide the secretary of state's website as well as citations to the Texas Membership Camping Resort Act, Chapter 222, Texas Property Code, and remove redundant and unnecessary repetition of statutory provisions.

The Secretary of State received no comments regarding the proposal.

1 TAC §§103.1, 103.2, 103.10, 103.21

The repeal is adopted under the authority of §222.004(f) and §222.010(a), Texas Property Code, which provide that the secretary of state shall prescribe forms and set fees for registration of membership camping resorts, brokers, and sellers, and §53.025, Texas Occupations Code, which requires a licensing authority to issue guidelines related to the revocation, suspension, or denial of licenses due to criminal convictions.

Chapter 222, Texas Property Code, is 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 14, 2009.

TRD-200903600

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562


1 TAC §§103.1 - 103.3

The new sections are adopted under the authority of §222.004(f) and §222.010(a), Texas Property Code, which provide that the secretary of state shall prescribe forms and set fees for registration of membership camping resorts, brokers, and sellers, and §53.025, Texas Occupations Code, which requires a licensing authority to issue guidelines related to the revocation, suspension, or denial of licenses due to criminal convictions.

Chapter 222, Texas Property Code, is 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 14, 2009.

TRD-200903601

Lorna Wassdorf

Director of Business and Public Filings

Office of the Secretary of State

Effective date: September 3, 2009

Proposal publication date: July 10, 2009

For further information, please call: (512) 463-5562