Part 7.
STATE SECURITIES BOARD
Chapter 113.
REGISTRATION OF SECURITIES
7 TAC §113.4
The Texas State Securities Board adopts an amendment to §113.4,
concerning application for registration, without changes to the proposed text
as published in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9176).
The rule was updated to reflect recent changes to statute.
Statutory references in the regulation will be accurate.
No comments were received regarding adoption of the amendment.
Statutory authority: 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.
Cross-reference to Statute: Texas Civil Statutes, Article 581-7.
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 February 4, 2004.
TRD-200400724
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §114.4
The Texas State Securities Board adopts an amendment to §114.4,
concerning filings and fees, without changes to the proposed text as published
in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9176).
The rule was updated to reflect recent changes to statute.
Statutory references in the regulation will be accurate.
No comments were received regarding adoption of the amendment.
Statutory authority: 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.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-5, 581-7,
and 581-8.
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 February 4, 2004.
TRD-200400725
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §115.8
The Texas State Securities Board adopts an amendment to §115.8,
concerning fee requirements, without changes to the proposed text as published
in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9177).
The rule was updated to reflect recent changes to statute.
Statutory references in the regulation will be accurate fee information
will be easier to locate.
No comments were received regarding adoption of the amendment.
Statutory authority: Texas Civil Statutes, Articles 581-28-1,
581-12.C, and 581-42.B. 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 12.C provides the Board with the authority
to prescribe new dealer/agent registration exemptions by rule. Section 42.B
provides the Board with the authority to adopt rules reducing fees for person
registered in two or more capacities.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-12, 581-13,
581-18, 581-19, and 581-42.
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 February 4, 2004.
TRD-200400726
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §116.8
The Texas State Securities Board adopts an amendment to §116.8,
concerning fee requirements, without changes to the proposed text as published
in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9178).
The rule was updated to reflect recent changes to statute.
Statutory references in the regulation will be accurate and fee information
will be easier to locate.
No comments were received regarding adoption of the amendment.
Statutory authority: Texas Civil Statutes, Articles 581- 28-1,
581-12.C, and 581-42.B. 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 12.C provides the Board with the authority
to prescribe new dealer/agent registration exemptions by rule. Section 42.B
provides the Board with the authority to adopt rules reducing fees for person
registered in two or more capacities.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-12, 581-12-1,
581-13, 581-18, 581-19, and 581-42.
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 February 4, 2004.
TRD-200400727
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §123.3
The Texas State Securities Board adopts an amendment to §123.3,
concerning conditional exemption for money market funds, without changes to
the proposed text as published in the October 24, 2003, issue of the
The rule was updated to reflect recent changes to statute.
Statutory references in the regulation will be accurate.
No comments were received regarding adoption of the amendment.
Statutory authority: 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.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-5, 581-7,
and 581-35.
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 February 4, 2004.
TRD-200400728
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §§133.7, 133.12, 133.13, 133.26
The Texas State Securities Board adopts the repeal of §§133.7,
a form concerning application for registration of securities; 133.12, a form
concerning renewal application for mutual funds and other continuous offerings;
133.13, a form concerning application for renewal permit; and 133.26, a form
concerning request for determination of money market status for federal covered
securities, without changes to the proposed text as published in the October
24, 2003, issue of the
Texas Register
(28
TexReg 9180).
The repeal allows for the simultaneous adoption of new updated forms.
The repeal eliminates outdated forms.
No comments were received regarding adoption of the repeals.
Statutory authority: 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.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-5, 581-7,
and 581-35.
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 February 4, 2004.
TRD-200400735
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
7 TAC §§133.7, 133.12, 133.13, 133.26
The Texas State Securities Board adopts new §§133.7,
a form concerning application for registration of securities; 133.12, a form
concerning renewal application for mutual funds and other continuous offerings;
133.13, a form concerning application for renewal permit; and 133.26, a form
concerning request for determination of money market fund status for federal
covered securities. The forms were adopted with changes to the proposed text
as published in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9180). The changes consisted of adding the
word "Texas" before the official name of the Agency where it appears in the
forms.
The new section adopts by reference forms to replace existing forms that
are being simultaneously repealed.
The new forms contain updated and accurate statutory cross- references.
No comments were received regarding adoption of the new rules.
Statutory authority: 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.
Cross-reference to Statute: Texas Civil Statutes, Articles 581-5, 581-7,
581-35.
§133.7.Application for Registration of Securities.
The Texas State Securities Board adopts by reference the application
for registration of securities form. This form is available from the Texas
State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167.
§133.12.Renewal Application for Mutual Funds and Other Continuous Offerings.
The Texas State Securities Board adopts by reference the renewal application
for mutual funds and other continuous offerings form. This form is available
from the Texas State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167.
§133.13.Application for Renewal Permit.
The Texas State Securities Board adopts by reference the application
for renewal permit form. This form is available from the Texas State Securities
Board, P.O. Box 13167, Austin, Texas 78711-3167.
§133.26.Request for Determination of Money Market Fund Status for Federal Covered Securities.
The Texas State Securities Board adopts by reference the request for
determination of money market fund status for federal covered securities form.
This form is available from the Texas State Securities Board, P.O. Box 13167,
Austin, Texas 78711-3167.
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 February 4, 2004.
TRD-200400734
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Effective date: February 24, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 305-8300
Chapter 114.
FEDERAL COVERED SECURITIES
Chapter 115.
SECURITIES DEALERS AND AGENTS
Chapter 116.
INVESTMENT ADVISERS AND INVESTMENT ADVISER REPRESENTATIVES
Chapter 123.
ADMINISTRATIVE GUIDELINES FOR REGISTRATION OF OPEN-END INVESTMENT COMPANIES
Chapter 133.
FORMS
Chapter 139.
EXEMPTIONS BY RULE OR ORDER