PART 4. OFFICE OF THE SECRETARY OF STATE
The Office of the Secretary of State (Office) adopts changes to Chapter 102, concerning health spas. The Office adopts amendments to §§102.1, 102.10, 102.13, 102.15, 102.18, 102.20, 102.30, 102.32, 102.35, 102.45, and 102.50. Sections 102.11, 102.12 and 102.21 are adopted as new sections. The amendments and new sections are adopted without change to the text proposed in the February 13, 2009, issue of the Texas Register (34 TexReg 913).
These nonsubstantive amendments and new sections are adopted in order to reorganize the rules for health spas; to specify the location of forms on the Office's web site; to clarify the procedures for amending registrations; and to conform the rules to existing practices and procedures related to health spas.
Changes to Subchapter A include adding a definition of equivalent facilities to §102.1.
Changes to Subchapter B include amendments to §102.10 deleting language from that repeats statutory language; reorganizing and expanding the ownership provisions; clarifying the procedure for amending the registration or renewal of a health spa; providing that renewals may be submitted within 90 days of expiration; adding language about the nontransferability of a registration; explaining what may be considered a transfer in violation of the Act; and specifying the number and location of the form for application for registration. New §102.11 explains the procedure that registrants follow to amend registrations. New §102.12 explains the registration requirements for new owners of existing health spas. In addition, §102.13 was reworded to conform the language in the rules to the statutory language and to add a provision indicating that there is no fee assessed for amendment of a registration or renewal. Section 102.15 was revised to clarify that the statutory exemptions are exemptions from registration for activities and facilities that are not within the statutory definition of a health spa. Section 102.18 was reworded to clarify the procedures for requesting an exemption from the security requirements, the actions that the secretary of state will take in response to a request for exemption, the future obligations of an applicant following exemption, and to add language about the nontransferability of an exemption and what is considered a transfer.
Changes to Subchapter C include amending §102.20 to allow escrow accounts to be maintained at credit unions, to rearrange and clarify the contents of an escrow agreement and the circumstances under which the agreement is terminated and/or funds may be withdrawn. New §102.21 provides that a registrant shall submit a statement of escrow account to the secretary of state.
Changes to Subchapter D include amending §102.30 regarding acceptable forms of security to clarify that the secretary of state does not and has not accepted letters of credit as security since December 27, 2004, the effective date of the enactment of this rule. Amendments to §102.32 clarify that the total amount paid for all prepaid memberships determines the amount of the security. Amendments to §102.35 clarify the requirements regarding the posting of notice when a health spa closes and conform those requirements to current statutory requirements. The amendments also confirm that the secretary has no authority to accept claims after the statutory period, and to move language about the pro rata basis for claims exceeding the amount of security to follow the claims procedures and delete the duplicate language about pro rata distribution. Additional amendments delete the duplicate definition of closed since that term is defined in the statute as well as in §102.1. Amendments to §102.45 allow certificates of deposit provided as security to be maintained in credit unions and to incorporate the provisions related to assignment that are included in the prescribed assignment form.
Changes to Subchapter E include amending §102.50 to provide the web site location for forms.
The Office received no comments concerning the proposed changes to Chapter 102.
SUBCHAPTER A. DEFINITIONS
These rules are adopted under the authority of §702.051 and §702.052 of the Texas Occupations Code which provides that the secretary may adopt rules necessary to administer the chapter and determine the disposition of a security claim.
Chapter 702 of the Texas Occupations Code is affected by these rules.
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 March 31, 2009.
TRD-200901264
Lorna Wassdorf
Director, Business and Public Filings Division
Office of the Secretary of State
Effective date: April 20, 2009
Proposal publication date: February 13, 2009
For further information, please call: (512) 463-5562
1 TAC §§102.10 - 102.13, 102.15, 102.18
These rules are adopted under the authority of §702.051 and §702.052 of the Texas Occupations Code which provides that the secretary may adopt rules necessary to administer the chapter and determine the disposition of a security claim.
Chapter 702 of the Texas Occupations Code is affected by these rules.
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 March 31, 2009.
TRD-200901265
Lorna Wassdorf
Director, Business and Public Filings Division
Office of the Secretary of State
Effective date: April 20, 2009
Proposal publication date: February 13, 2009
For further information, please call: (512) 463-5562
These rules are adopted under the authority of §702.051 and §702.052 of the Texas Occupations Code which provides that the secretary may adopt rules necessary to administer the chapter and determine the disposition of a security claim.
Chapter 702 of the Texas Occupations Code is affected by these rules.
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 March 31, 2009.
TRD-200901266
Lorna Wassdorf
Director, Business and Public Filings Division
Office of the Secretary of State
Effective date: April 20, 2009
Proposal publication date: February 13, 2009
For further information, please call: (512) 463-5562
1 TAC §§102.30, 102.32, 102.35, 102.45
These rules are adopted under the authority of §702.051 and §702.052 of the Texas Occupations Code which provides that the secretary may adopt rules necessary to administer the chapter and determine the disposition of a security claim.
Chapter 702 of the Texas Occupations Code is affected by these rules.
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 March 31, 2009.
TRD-200901267
Lorna Wassdorf
Director, Business and Public Filings Division
Office of the Secretary of State
Effective date: April 20, 2009
Proposal publication date: February 13, 2009
For further information, please call: (512) 463-5562
These rules are adopted under the authority of §702.051 and §702.052 of the Texas Occupations Code which provides that the secretary may adopt rules necessary to administer the chapter and determine the disposition of a security claim.
Chapter 702 of the Texas Occupations Code is affected by these rules.
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 March 31, 2009.
TRD-200901268
Lorna Wassdorf
Director, Business and Public Filings Division
Office of the Secretary of State
Effective date: April 20, 2009
Proposal publication date: February 13, 2009
For further information, please call: (512) 463-5562
CHAPTER 155. RULES OF PROCEDURE
SUBCHAPTER A. GENERAL
The State Office of Administrative Hearings (SOAH) adopts an amendment to Subchapter A - General, §155.1 (concerning Purpose), without changes to the proposed text as published in the February 20, 2009, issue of the Texas Register (34 TexReg 1167). The amendment is adopted in order to adopt the procedural rules of the Comptroller of Public Accounts that address the hearing process in matters referred by the Comptroller pertaining to protesting preliminary findings of taxable value.
The adopted amendment will clarify and detail the procedures required to protest preliminary findings of the taxable value of property. Additionally, because these hearings are not governed by the Administrative Procedure Act and have accelerated deadlines required in order to finalize the findings of taxable value in time to determine state funding for school districts for the next fiscal year, they have historically been subject to simplified and expedited procedures tailored to these circumstances. In this context, SOAH determines that adoption of the Comptroller's procedural rules for these hearings is warranted.
No comments were received during the 30-day comment period.
The amendment is adopted under Government Code, Chapter 2003, §2003.050, which authorizes SOAH to conduct contested case hearings and provides that the procedural rules of another state agency apply in SOAH hearings only if the SOAH rules adopt them by reference.
The provisions relate to the authority of SOAH under Government Code, Chapter 2003, and implement Government Code, Chapter 403, §403.303, which concerns protests of the comptroller's preliminary certification of school district total taxable property value.
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 March 27, 2009.
TRD-200901224
Kerry D. Sullivan
General Counsel
State Office of Administrative Hearings
Effective date: April 16, 2009
Proposal publication date: February 20, 2009
For further information, please call: (512) 475-4931