Texas Register, Volume 24, Number 17, Pages 3153-3263, April 23, 1999 Page: 3,171
3153-3263 p. ; 28 cm.View a full description of this periodical.
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The new section is proposed under the authority of Texas
Government Code, Chapter 405.
The Government Code, Chapters 552 and 2001 affect this
proposal.
71.21. Service of Process.
(a) Service on the Secretary. Service of process on the
Secretary of State may be accomplished under many of the existing
statutory authorities by delivering to the Secretary of State or to any
clerk so designated by the secretary of state, two copies of the process.
The name and appropriate address of the person or corporation being
named as defendant must be provided. It is the responsibility of the
attorney or person seeking service of process to determine when to
obtain and to secure personal service of process upon the Secretary
of State.
(b) Forwarding by the Secretary. One copy of the petition
and citation will be forwarded by registered or certified mail, as
appropriate under the particular statute under which service is being
made, to the person or corporation named at the address provided.
(c) Certificate of Service. Upon request, the Secretary of
State will issue a certificate showing:
(1) That service was accomplished;
(2) That a copy of the process was forwarded to the named
defendant at the specified address; and
(3) The disposition of the mailing shown on the postal
return receipt.
(d) Fees. The fee due the Secretary of State for maintaining
a record of service upon the Secretary of State shall be as provided
in the Texas Business Corporation Act, Article 10.01. The fee
for issuing a certificate of service shall be as provided in Texas
Government Code Annotated 405.031.
This agency hereby certifies that the proposal has been re-
viewed 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 April 9, 1999.
TRD-9902107
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: May 23, 1999
For further information, please call: (512) 463-5562
Chapter 72. State Seal
1 TAC 72.40-72.48, 72.50
The Office of the Secretary of State proposes new 72.40-
72.48 and 72.50, concerning the State Seal. The new sections
are proposed as part of a reorganization of rules in Chapter
71, concerning general policies and procedures. The rules
concerning the state seal are being proposed under this new
chapter to separate them from the rules concerning inspection
of public information. The text of these proposed new sections
is similar in content to the existing text under 71.40-71.48
and 71.50, which are proposed for repeal. These revisions
are concurrent with rules review under the Section 167 of
Article IX, General Appropriations Act, as published in the
March 19, 1999, issue of the Texas Register (24 TexReg 2032).
Following publication of the proposed review, we have receivedone letter commenting on the review. An individual commenter
recommended that the term "state seal of Texas" be shortened
to "state seal". The commenter also recommended that the
standard designs in 71.50 are not limited to private use of the
state seal. He suggested the rules be renamed "State Seal."
The Office agrees with the commenter's recommendations,
which are reflected in the text of the proposed new rules in
Chapter 72.
Dan Procter, Associate Deputy Assistant for the Communica-
tions Section, has determined that for the first five-year period
the rules are in effect there will be no fiscal implications for state
or local government.
Mr. Procteeralsomined t has determined that for each year of the first
five years the rules are in effect the public benefit anticipated as
a result of enforcing the rules will be better organization of the
rules under the Office of the Secretary of State. There will be no
effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the rules as
proposed.
Comments on the proposal may be submitted in writing to Dan
Procter, Texas Register, 1019 Brazos, Room 245, Austin, Texas
78701.
The new sections are proposed under the authority of Texas
Government Code, Chapter 405.
Texas Business and Commerce Code, 17.08 affects these
rules.
72.40. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
Unless otherwise expressly provided, the past, present, or future tense
includes the other; the masculine, feminine, or neuter gender each
includes the other; and the singular and plural number each includes
the other.
(1) Abuse-Any departure from reasonable use: immoder-
ate or improper use; use contrary to customary or accepted practices
and protocols would be a misuse of the state state seal.
(2) Annual gross receipts-Gross receipts received during
the calendar year.
(3) Applicant-A person who has applied for license.
(4) Application-The act of making a formal request for
licensed permission to use the state seal.
(5) Benefit-Anything reasonably regarded as an economic
gain or an economic advantage.
(6) Calendar year-Period of time from January 1st to
December 31st, inclusive.
(7) Commercial purpose-A purpose that is intended to
result in a profit or other tangible benefit but does not include:
(A) an official use in a state function or the use of the
state seal or a representation of the state seal for a political purpose
by an elected official of this state;
(B) the use of the state seal or a representation of the
state seal in an encyclopedia, dictionary, book, journal, pamphlet,
periodical, magazine, or newspaper incident to a description or history
of seals, coats of arms, heraldry, or the state of Texas;
(C) the use of the state seal or a representation of the
state seal in a library, museum, or educational facility incident toPROPOSED RULES April 23, 1999 24 TexReg 3171
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Texas. Secretary of State. Texas Register, Volume 24, Number 17, Pages 3153-3263, April 23, 1999, periodical, April 23, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113888/m1/20/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.