Part 7. STATE SECURITIES BOARD
(Editor's note: The text of the following section proposed for repeal will not be published.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 §133.1, a form concerning a Texas open records request. The proposed repeal of the existing form will allow for the simultaneous adoption of a new form, which is being concurrently proposed.
Carla James, Director, Staff Services Division, and David Weaver, General Counsel, have determined that, for the first five- year period the proposed 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.
Ms. James and Mr. Weaver also have determined that, for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be the elimination of an outdated form.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 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, Title 5, Chapter 552.
Statutes and codes affected: none applicable.
§133.1.Texas Open Records Request.
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 June 25, 2007.
TRD-200702644
Denise Voigt Crawford
Commissioner
State Securities Board
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 305-8303
The Texas State Securities Board proposes new §133.1, a form concerning a request for public information. The proposed new section adopts by reference a form that updates references to "public information" instead of "open records" and to the Office of the Attorney General as the agency having authority over the regulations for copy charges. Information on the existing form that is no longer needed has been omitted from the proposed new form. In addition, the new form incorporates various nonsubstantive and cosmetic changes. The existing form adopted by reference in §133.1 is being concurrently proposed for repeal.
Carla James, Director, Staff Services Division, and David Weaver, General Counsel, have determined that, for the first five- year period the proposed 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 proposed rule is in effect, the public benefit anticipated as a result of enforcing the rule will be that the form reflects accurate references, includes only needed information, and is more user-friendly. 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, Title 5, Chapter 552.
Statutes and codes affected: none applicable.
§133.1.Texas Public Information Request.
The State Securities Board adopts by reference the public information request 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 June 25, 2007.
TRD-200702645
Denise Voigt Crawford
Commissioner
State Securities Board
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 305-8303
(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 §133.7, a form concerning an application for registration of securities. The proposed repeal of the existing form will 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 proposed 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 proposed 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 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 Civil Statutes, Articles 581-7 and 581-35.
Statutes and codes affected: none applicable.
§133.7.Application for Registration of Securities.
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 June 25, 2007.
TRD-200702646
Denise Voigt Crawford
Commissioner
State Securities Board
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 305-8303
The Texas State Securities Board proposes new §133.7, a form concerning an application for registration of securities. The proposed new section adopts by reference a form that replaces an existing form to eliminate the requirement that a corporate applicant provide a certification regarding Texas franchise taxes. The certification is no longer required under the Texas Business Corporation Act. The new proposed form also incorporates various nonsubstantive and cosmetic changes. The existing form §133.7 is being concurrently proposed for repeal.
Micheal Northcutt, Director, Registration Division, has determined that, for the first five-year period the proposed 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 proposed rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to streamline the securities registration process by eliminating an unnecessary certification. 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 Civil Statutes, Articles 581-7 and 581-35.
Statutes and codes affected: none applicable.
§133.7.Application for Registration of Securities.
The State Securities Board adopts by reference the application for registration of securities 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 June 25, 2007.
TRD-200702647
Denise Voigt Crawford
Commissioner
State Securities Board
Earliest possible date of adoption: August 5, 2007
For further information, please call: (512) 305-8303