Part IV.
Office of the Secretary of State
Chapter 75.
Automobile Club
The Office of the Secretary of State adopts amendments to §§75.2,
75.11-75.13, 75.31, 75.33 and 75.34, concerning the regulation of automobile
clubs, without changes to the proposed text as published in the November
22, 1996, issue of the
Texas Register
(21
TexReg 11337). The amendments are necessary to conform the Sections to Chapter
722 of the Texas Transportation Code (the "Code"), and to make non-substantive
language corrections.
The amendments to §§75.2 and 75.11-75.13 revise the statutory
references to reflect the proper citations under the Code. In addition, the
amendments to §§75.11-75.13 delete the word "salesman", to conform
with the Code's use of the term," agent".
The amendment to §75.31, concerning the revocation or suspension of
an automobile club certificate of authority, reflects that an appeal from
a final decision by the Secretary of State is subject to the Administrative
Procedure Act ("APA"), and must be filed with a Travis County district court.
Section 75.33 is amended to indicate that the APA specifies the type of
notice required before the institution of proceedings to revoke or suspend
an automobile club certificate of authority. The amendment to §75.34
indicates that the State Office of Administrative Hearings will set the time
and location for hearings held pursuant to the Automobile Club Services Act.
No comments were received regarding adoption of the amendments.
Application for Certificate of Authority
1 TAC §75.2
The amendment is adopted under the Texas Government Code,
§2001.004(1), which provides the Secretary of State with the authority
to prescribe and adopt 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.
Issued in Austin, Texas, on January 21, 1997.
TRD-9700882
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: February 11, 1997
Proposal publication date: November 22, 1996
For further information, please call: (512) 463-5570
Registration of Agents