Texas Register, Volume 24, Number 17, Pages 3153-3263, April 23, 1999 Page: 3,173
3153-3263 p. ; 28 cm.View a full description of this periodical.
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72.42. Exemptions.
(a) State agencies and officials who use the state seal for
official uses or state functions have no application or fee requirement;
however, in an effort to achieve uniformity and continuity, state
agencies and officials are encouraged to submit their intended uses
and renditions of the state seal to the secretary of state.
(1) When a manufacturer or vendor solely produces for,
or solely sells or distributes to a state agency a product bearing the
state seal for an official use or for a state function, no application or
license is required.
(2) A manufacturer or vendor seeking the exemption as set
forth in paragraph (1) of this subsection must provide the secretary
of state's office with the following:
(A) a signed statement from that state agency or
appropriate state official that the product has been or will be used
by the state agency for an official use or a state function; and
(B) a certification, on a form prescribed by the secre-
tary of state' s office, from the manufacturer or vendor that the product
is not available to the general public.
(3) Distribution or sale of the product to the general public
by the state agency shall not preclude a manufacturer or vendor
from obtaining the exemption, as set forth in paragraph (1) of this
subsection.
(4) When a manufacturer or vendor produces for, or sells
or distributes to a state agency a product bearing the state seal that is
also available to the general public, the manufacturer or vendor must
file an application in accordance with 72.41(a) of this title (relating to
Application Process), obtain a license in accordance with 72.45(a) of
this title (relating to Licensing), and pay, except as otherwise provided
by these administrative regulations, all fees required by 72.44 of this
title (relating to Fees; Payment of Money).
(5) Gross receipts received from the sale of licensed
products to state agencies under the conditions set forth in paragraph
(4) of this subsection are exempt from the royalty fee required by the
statute and 72.44 of this title (relating to Fees; Payment of Money),
provided the manufacturer or vendor of the licensed products provides
the secretary of state's office with a signed statement from that state
agency or appropriate state official that the products have been or will
be used by the state agency for an official use or a state function.
(b) Elected officials who use the state seal for political
purposes have no application or fee requirement.
(1) When a manufacturer or vendor solely produces for,
or solely sells or distributes to an elected official a product bearing the
state seal for a political purpose, no application or license is required.
(2) A manufacturer or vendor seeking the exemption as set
forth in paragraph (1) of this subsection must provide the secretary
of state's office with the following:
(A) a signed statement from the elected official or
designated agent that the product has been or will be used by the
elected official for a political purpose; and
(B) a certification, on a form prescribed by the secre-
tary of state' s office, from the manufacturer or vendor that the product
is not available to the general public.
(3) Distribution or sale of the product to the general public
by the elected official shall not preclude a manufacturer or vendor
from obtaining the exemption, as set forth in paragraph (1) of this
subsection.(4) When a manufacturer or vendor produces for, sells, or
distributes to an elected official a product bearing the state seal that is
also available to the general public, the manufacturer or vendor must
file an application in accordance with 72.41(a) of this title (relating to
Application Process), obtain a license in accordance with 72.45(a) of
this title (relating to Licensing), and pay, except as otherwise provided
by these administrative regulations, all fees required by 72.44 of this
title (relating to Fees; Payment of Money).
(5) Gross receipts received from the sale of licensed
products to an elected official under the conditions set forth in
paragraph (4) of this subsection are exempt from the royalty fee
required by the statute and 72.44 of this title (relating to Fees;
Payment of Money), provided the manufacturer or vendor of the
licensed products provides the secretary of state's office with a
signed statement from the elected official or designated agent that
the products have been or will be used by the elected official for a
political purpose.
(c) The manufacturer of a product bearing the state seal bears
the responsibility for filing the necessary application, obtaining the
appropriate license, and the payment of all fees required by the statute
and these administrative regulations.
(1) Vendors or resellers are exempt from the application,
licensing, and fee requirements of the statute and these administrative
regulations where the manufacturer of the product transferred has
obtained the required state seal license, provided the vendor or
reseller, prior to resale, obtains from the manufacturer, on a form
prescribed by the secretary of state's office, a certification of the
manufacturer's license.
(2) The certification shall contain the manufacturer's
name, license number, and the type and number of items purchased.
(3) The certification must be kept and maintained at the
vendor or reseller' s place of business for four years and made readily
available for inspection by the secretary of state' s office upon request.
(4) A vendor or reseller who fails to obtain, maintain, or
make readily available for inspection the certifications of the man-
ufacturer's license shall be responsible for obtaining the necessary
license and the payment of all fees required by the statute and these
administrative regulations.
72.43. Denial of Application.
An original or renewal application may be denied for any of the
following reasons:
(1) failure of the application to comply with the statute
and these administrative regulations;
(2) failure to include the required fee;
(3) where the intended use is deemed by the secretary of
state to be detrimental to the image of the state and not in its best
interest.
72.44. Fees: Payment of Money.
(a) Application fees are required to be paid at the time of
presenting the original or renewal application for license. Licensing
fees must be paid within 21 days of the approval of the original or
renewal license. Royalty fees must be received with each quarterly
report and in accordance with the deadlines set forth under 72.46(c)
of this title (relating to Quarterly Reports). A fee shall be deemed
delinquent if not received within 30 days after it is due.
(b) All fees paid to the secretary of state shall be in United
States currency, cashier checks, money orders, certified checks, or
personal or corporate checks. Payment tendered in any other formPROPOSED RULES April 23, 1999 24 TexReg 3173
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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/m1/22/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.