Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,676
5587-5800 p. ; 28 cm.View a full description of this periodical.
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the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
78711-2188, www.trec.texas.gov.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2013.
TRD-201303425
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 936-3092
CHAPTER 539. RULES RELATING TO THE
RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER Q. ISSUES AFFECTING
CONSUMERS
22 TAC 539.162
The Texas Real Estate Commission (TREC) proposes new
539.162 in Chapter 539 concerning Rules Relating to the
Residential Service Company Act. The new section is entitled
Contract Requirements and requires companies to provide a
disclosure in all contracts regarding how to file a complaint with
the Texas Real Estate Commission.
Loretta R. DeHay, General Counsel, has determined that for the
first five-year period the section is in effect there will be no fis-
cal implications for the state or for units of local government as a
result of enforcing or administering the section. There is no antic-
ipated economic effect on small businesses, micro-businesses
or local or state employment as a result of implementing the sec-
tion.
Ms. DeHay also has determined that for each year of the first
five years the section as proposed is in effect the public benefit
anticipated as a result of enforcing the section will be enhanced
consumer protection for purchasers of residential service con-
tracts. There is no anticipated economic cost to persons who
are required to comply with the proposed section.
Comments on the proposal may be submitted to Kerri Lewis,
Deputy General Counsel, Texas Real Estate Commission,
P.O. Box 12188, Austin, Texas 78711-2188 or via email to
general.counsel@trec.texas.gov. The deadline for comments is
30 days after publication in the Texas Register.
The new section is proposed under Texas Occupations Code,
1303.051, which authorizes the Texas Real Estate Commission
to adopt rules necessary to implement Chapter 1303.
The statute affected by this proposal is Texas Occupations Code,
Chapter 1303. No other statute, code or article is affected by the
proposed new section.
539.162. Contract Requirements.
Each residential service contract issued shall contain a statement sub-
stantially similar to the following: "This contract is issued by a Resi-
dential Service Company licensed by the Texas Real Estate Commis-
sion. Complaints about this contract or company may be directed to
the Texas Real Estate Commission at P.O. Box 12188, Austin, TX78711-2188, (512) 936-3049. The purchase of a residential service
contract or home warranty contract is optional and similar coverage
may be purchased from other residential service companies or insur-
ance companies authorized to conduct business in Texas."
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2013.
TRD-201303426
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 936-3092
PART 39. TEXAS BOARD OF
PROFESSIONAL GEOSCIENTISTS
CHAPTER 850. TEXAS BOARD OF
PROFESSIONAL GEOSCIENTISTS
SUBCHAPTER B. ORGANIZATION AND
RESPONSIBILITIES
22 TAC 850.62
The Texas Board of Professional Geoscientists (Board or TBPG)
proposes an amendment to 850.62, concerning General Pow-
ers and Duties of the Board.
BACKGROUND AND PURPOSE
The Board proposes the amendment to implement the require-
ments provided in Senate Bill 138, which requires the TBPG to
work with other state agencies and educate their employees on
how complaints are filed with TBPG and how they are subse-
quently resolved.
SECTION BY SECTION SUMMARY
An amendment to 850.62 is proposed to clarify the general
powers and duties of the Board, including that the TBPG shall
work with other state agencies that use the services of a person
licensed by the Board in order to educate agency employees re-
garding the procedures by which complaints are filed with and
resolved by TBPG, as required by Senate Bill 138.
FISCAL NOTE
Charles Horton, Executive Director of the Texas Board of Pro-
fessional Geoscientists, has determined that for each fiscal year
of the first five years the section is in effect there is no cost to
the state as a result of enforcing or administering the sections
as proposed.
SMALL AND MICRO-BUSINESS ECONOMIC IMPACT ANALY-
SIS
Mr. Horton has determined that there will be little to no antici-
pated economic costs to small businesses or micro-businesses
required to comply with amended 850.62. Consequently, an
economic impact statement or regulatory flexibility analysis is not
required. There will be no anticipated economic cost to individ-
uals who are required to comply with the proposed amendment.38 TexReg 5676 August 30, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/90/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.