TITLE 7.BANKING AND SECURITIES

Part 7. STATE SECURITIES BOARD

Chapter 133. FORMS

7 TAC §133.36

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Securities Board or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas State Securities Board proposes the repeal of §133.36, a form concerning a request for reduced fees for certain persons registered in multiple capacities. The repeal of the existing form would allow for the simultaneous adoption of a new form, which is being concurrently proposed.

Micheal Northcutt, Director, Registration Division, has determined that for the first five-year period the repeal is in effect there will be no foreseeable fiscal implications for state or local government as a result of enforcing or administering the repeal.

Mr. Northcutt also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the elimination of an outdated form. There will be no effect on micro- or small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. There is no anticipated impact on local employment.

Comments on the proposal to be considered by the Board should be submitted in writing within 30 days after publication of the proposal in the Texas Register . Comments should be sent to David Weaver, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to (512) 305-8310.

Statutory authority: Texas Civil Statutes, Articles 581-28-1 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 42.B provides the Board with the authority to adopt rules reducing fees for persons registered in two or more capacities.

Cross-reference to Statute: Texas Civil Statutes, Article 581-42.B

Statutes and codes affected: Texas Civil Statutes, Articles 581-35, 581-41, and 581-42.

§133.36.Request for Reduced Fees for Certain Persons Registered in Multiple Capacities.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2006.

TRD-200604034

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Earliest possible date of adoption: September 17, 2006

For further information, please call: (512) 305-8303


7 TAC §133.36

The Texas State Securities Board proposes new §133.36, a form concerning a request for reduced fees for certain persons registered in multiple capacities. The new section adopts by reference a form which updates cross references to the rules that set out the criteria and procedure for using this form. The existing form 133.36 is being concurrently proposed for repeal.

Micheal Northcutt, Director, Registration Division, has determined that for the first five-year period the rule is in effect there will be no foreseeable fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Northcutt also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be that the form will accurately reference the rules regarding use of the form to request reduced fees. There will be no effect on micro- or small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. There is no anticipated impact on local employment.

Comments on the proposal to be considered by the Board should be submitted in writing within 30 days after publication of the proposed section in the Texas Register . Comments should be sent to David Weaver, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to (512) 305-8310.

Statutory authority: Texas Civil Statutes, Articles 581-28-1 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 42.B provides the Board with the authority to adopt rules reducing fees for persons registered in two or more capacities.

Cross-reference to Statute: Texas Civil Statutes, Article 581-42.B.

Statutes and codes affected: Texas Civil Statutes, Articles 581-35, 581-41, and 581-42.

§133.36.Request for Reduced Fees for Certain Persons.

Registered in Multiple Capacities. The State Securities Board adopts by reference the request for reduced fees for certain persons registered in multiple capacities form. This form is available from the State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2006.

TRD-200604035

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Earliest possible date of adoption: September 17, 2006

For further information, please call: (512) 305-8303