TITLE administration

Part IV. Office of the Secretary of State

Chapter 95. Uniform Commercial Code

Subchapter A. General Provisions

1 TAC §95.111

The Office of the Secretary of State adopts amendments to §95.111, concerning General Provisions, and amendment to §95.304, concerning Acceptance and Refusal of Documents, without changes to the proposed text as published in the January 22, 1999, issue of the Texas Register (24 TexReg 341).

The purpose of the amendments and new subsection is to correct adoption of new Uniform Commercial Code rules to conform to national model administrative rules promulgated by the International Association of Corporation Administrators.

The amendments provide current filing policies and procedures for the Uniform Commercial Code. Section.

No comments were received regarding adoption of the new rules.

The amendments are adopted under §§9.401-9.412 Texas Business and Commerce 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.

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 April 16, 1999.

TRD-9902226

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 6, 1999

Proposal publication date: January 22, 1999

For further information, please call: (512) 463-5701


Subchapter C. Acceptance and Refusal of Documents

1 TAC §95.304

The amendments are adopted under §§9.401-9.412 Texas Business and Commerce 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.

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 April 16, 1999.

TRD-9902227

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 6, 1999

Proposal publication date: January 22, 1999

For further information, please call: (512) 463-5701


Chapter 99. Standards of Conduct of State Officers and Employees

1 TAC §99.1, §99.2

The Office of the Secretary of State adopts the repeal of §99.1 and §99.2, concerning Financial Statement Filings by State Officers and Employees, without changes to the proposal as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1881).

The rules are being repealed because the Legislature transferred responsibility for the financial statement filings to the Texas Ethics Commission. The legislative authority, Texas Civil Statutes, Article 6252-9b, was repealed by an act of the 73rd Legislature, Chapter 268, §46(1), effective September 1, 1993.

No comments were received regarding adoption of these repeals.

The authority for this chapter no longer exists.

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 April 21, 1999.

TRD-9902356

Jeff Eubank

Assistant Secretary of State

State Ethics Advisory Commission

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Chapter 101. Practice and Procedure Before the Office of the Secretary of State

The Office of the Secretary of State adopts the repeal of §§101.4, 101.8-101.10, 101.20, 101.21, 101.31-101.34, 101.40, 101.42-101.44, 101.50, and 101.53, concerning Practice and Procedure Before the Office of the Secretary of State, without changes to the proposal as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1881).

These rules are being repealed because they duplicate procedures contained under Chapter 155 of this title (relating to Rules of Procedure) adopted in 1998 by the State Office of Administrative Hearings.

No comments were received regarding adoption of these repeals.

Subchapter A. General Rules

1 TAC §§101.4, 101.8-101.10

The repeals are adopted under authority of Texas Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes, Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003; Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election Code, §31.003; and Texas Business and Commerce Code, §17.08.

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 April 21, 1999.

TRD-9902358

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Subchapter B. Initiation of Proceedings, Complaints, and Pleadings

1 TAC §101.20, §101.21

The repeals are adopted under authority of Texas Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes, Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003; Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election Code, §31.003; and Texas Business and Commerce Code, §17.08.

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 April 21, 1999.

TRD-9902357

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Subchapter C. Prehearing Procedures

1 TAC §§101.31-101.34

The repeals are adopted under authority of Texas Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes, Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003; Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election Code, §31.003; and Texas Business and Commerce Code, §17.08.

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 April 21, 1999.

TRD-9902359

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Subchapter D. Hearing Procedures

1 TAC §§101.40, 101.42-101.44

The repeals are adopted under authority of Texas Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes, Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003; Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election Code, §31.003; and Texas Business and Commerce Code, §17.08.

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 April 21, 1999.

TRD-9902360

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Subchapter E. Post-Hearing Procedures

1 TAC §101.50, §101.53

The repeals are adopted under authority of Texas Government Code, Chapter 2001, Subchapter A, §2001.004; Texas Civil Statutes, Article 1396-9.03; Texas Transportation Code, Chapter 722, §722.003; Texas Government Code, Chapter 406, Subchapter A, §406.023; Texas Election Code, §31.003; and Texas Business and Commerce Code, §17.08.

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 April 21, 1999.

TRD-9902361

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561


Part XI. State Ethics Advisory Commission

Chapter 231. Advisory Opinions

1 TAC §§231.1-231.8

The Office of the Secretary of State adopts the repeal of §§231.1-231.8 adopted under the State Ethics Advisory Commission. These sections are adopted without changes to the proposal as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1886).

The rules are being repealed because the Legislature abolished the State Ethics Advisory Commission and transferred responsibility for Advisory Opinions to the Texas Ethics Commission. The legislative authority, Texas Civil Statutes, Article 6252-9b, was repealed by an act of the 72nd Legislature, Chapter 304 §1.38, effective January 1, 1993.

No comments were received regarding adoption of these repeals.

The authority for this chapter no longer exists.

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 April 21, 1999.

TRD-9902362

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Effective date: May 11, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 463-5561