Title 7, Part 7
The State Securities Board (Agency), beginning December 2022, will review and consider for readoption, revision, or repeal Chapter 113, Registration of Securities; Chapter 114, Federal Covered Securities; Chapter 123, Administrative Guidelines for Registration of Open-End Investment Companies; Chapter 125, Minimum Disclosures in Church and Nonprofit Institution Bond Issues; Chapter 135, Industrial Development Corporations and Authorities; and Chapter 137, Administrative Guidelines for Regulation of Offers, in accordance with Texas Government Code, §2001.039, which requires rule review every four years. The rules to be reviewed are located in Title 7, Part 7, of the Texas Administrative Code. The text of the rule sections will not be published. The text of these rules may be found in the Texas Administrative Code, Title 7, Part 7 or through the Board's website at www.ssb.texas.gov/texas-securities-act-board-rules.
The Agency has conducted a preliminary review of these chapters and determined the reasons for initially adopting the chapters continue to exist. The Agency's Board will consider, among other things, whether the initial factual, legal, and policy reasons for adoption of these rules continue to exist, whether these rules should be repealed, and whether any changes are needed. This notice to review has no effect on the chapters as they currently exist. Readopted chapters will be noted in a subsequent issue of the Texas Register's "Review of Agency Rules" section without publication of the text.
Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the comments received in response to this notice will appear in the "Proposed Rules" section of a subsequent issue of the Texas Register. Such changes will be open for public comment prior to the final adoption of any changes to the rule by the Agency in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.
Comments or suggestions on the proposal must be in writing and will be accepted for 30 days following publication of this notice in the Texas Register. Written comments should be submitted to Marlene K. Sparkman, General Counsel, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167 or faxed to (512) 305-8336. Comments may also be submitted electronically to proposal@ssb.texas.gov. In order to be considered by the Board at adoption, comments must be received no later than 30 days following publication. Comments received will be reviewed and discussed in a future Board meeting.
TRD-202204620
Travis J. Iles
Securities Commissioner
State Securities Board
Filed: November 17, 2022
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the Department) adopts the review of Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter B, Collection of Debts, comprised of §1.51 (Administrative Procedures), §1.52 (Demand Letters), §1.53 (Referral of Matters to the Office of the Attorney General for Collection), §1.54 (Records), §1.55 (Exceptions), and §1.56 (Waiver of Fees). The review was conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).
Notice of intent to review the rules was published in the September 9, 2022, issue of the Texas Register (47 TexReg 5503). No comments were received from the public during the proposed rule review.
The Department finds that the reasons for initially adopting the rules in Chapter 1, Subchapter B continue to exist and readopts §§1.51 - 1.56 in Subchapter B with no changes.
TRD-202204636
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: November 18, 2022
The Texas Department of Agriculture (the Department) adopts the review of Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter C, Minority Purchasing, comprised of §1.71 (Statement of Purpose), §1.73 (Identification of Historically Underutilized Businesses (HUBs), §1.74 (Certification Requirements), §1.75 (Outreach), §1.76 (In-house Training), §1.77 (Tracking of Progress), and §1.78 (Historically Underutilized Business Program). The review was conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).
Notice of intent to review the rules was published in the September 9, 2022, issue of the Texas Register (47 TexReg 5503). No comments were received from the public during the proposed rule review.
The Department finds that the reasons for initially adopting the rules in Chapter 1, Subchapter C continue to exist. The Department readopts §1.76 and §1.77 with no changes. The Department readopts §§1.71, 1.73, 1.74, 1.75, and 1.78 with nonsubstantive changes to clarify language and update a legal citation to administrative rules of another state agency adopted by reference. As a result, the Department proposes amendments to the rules, which can be found in the Proposed Rules section of this issue.
TRD-202204633
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: November 17, 2022
The Texas Department of Agriculture (the Department) adopts the review of Texas Administrative Code, Title 4, Part 1, Chapter 17, Subchapter G, GO TEXAN Partner Program Rules, and Subchapter J, GO TEXAN Certified Retirement Community Program. The review was conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).
Notice of intent to review the rules contained within Chapter 17, Subchapters G and J was published in the July 15, 2022, issue of the Texas Register (47 TexReg 4153). No comments were received from the public during the proposed rule review.
The Department finds that the reasons for initially adopting the rules in Chapter 17, Subchapters G and J no longer exist and proposes repealing these subchapters. As a result, the Department proposes the repeal of Subchapters G and J, which can be found in the Proposed Rules section of this issue.
TRD-202204652
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: November 18, 2022
The Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 25, Subchapter A, Child and Adult Care Food Program (CACFP), and Subchapter B, Summer Food Service Program (SFSP), pursuant to Texas Government Code, §2001.039 (Agency Review of Existing Rules). The Department considered whether the reasons for the adoption of these rules continue to exist.
Notice of the rule review was published in the December 24, 2021, issue of the Texas Register (46 TexReg 9063). No comments were received in response to that notice.
The Department finds that the reasons for initially adopting the rules in Chapter 25 continue to exist and readopts the rules.
TRD-202204621
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: November 17, 2022