7 TAC §101.5
The Texas State Securities Board proposes an amendment to §101.5,
concerning charges for copies of public records. The proposal would amend
the rule to reflect the relocation of state copy charges rules from the Texas
Building and Procurement Commission to the Office of the Attorney General.
The duties and administrative rulemaking authority under the public information
law, Chapter 552, Texas Government Code, were transferred to the Office of
the Attorney General through enactment of Senate Bill 452 and Senate Bill
727, 79th Legislature, 2005. The action of the Office of the Attorney General
formally adopting the copy charges rules was published in the September 29,
2006, issue of the
Texas Register
(31 TexReg
8251).
Carla James, Director, Staff Services Division, and David Weaver, General
Counsel, have 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.
Ms. James and Mr. Weaver also have 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 location of the state copy
charges rules will be accurately referenced. 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, 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 Government Code, §552.262.
Statutes and codes affected: none.
§101.5.Charges for Copies of Public Records.
(a)
The cost to any person requesting copies of any public
record of the State Securities Board pursuant to the open records provisions
of the Texas Government Code, Title 5, Chapter 552, will be the applicable
charge established by the
Office of the Attorney General in Title 1,
Part 3, Chapter 70,
[
Texas Building and Procurement Commission
in Title 1, Part 5, Chapter 111, Subchapter C,
] of the Texas Administrative
Code, which is reflected in Form 133.2.
(b)
(No change.)
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 December 18, 2006.
TRD-200606798
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 305-8303