TITLE 22.EXAMINING BOARDS

Part 18. TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS

Chapter 379. FEES AND LICENSE RENEWAL

22 TAC §379.1

The Texas State Board of Podiatric Medical Examiners adopts on an emergency basis an amendment to §379.1, concerning Fees.

The board must adopt this on an emergency basis due to the fact that they must raise the renewal fee to cover costs mandated by the 2002 - 2003 Appropriations Bill. The bill states that we must raise additional revenue above and beyond what we already collect in order to receive the funding. The renewal for the Board begins in September and ends November 1st. We must have that increase in effect in order to raise the needed revenue in fiscal year 2002.

The amendments are adopted on an emergency basis under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the law of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry. This rule is also authorized by and affects Texas Occupations Code §202.153 which authorizes the board by rule to establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.

§379.1.Fees.

(a) The fees set by the Board and [ an ] collected by the Board must be sufficient to meet the expenses of administering the Podiatric Medical Practice Act, subsequent amendments, and the applicable rules and regulations.

(b) Fees are as follows:

(1) - (6) (No change.)

(7) Renewal-- $425 [ $335 ]

(8) Renewal Penalty--as specified in Texas Occupations Code, Chapter 202, §301(d) [ Texas Civil Statutes, Article 4571,§1(e)-(h) ].

(9) Non certified podiatric technician registration--$25

(10) Non certified podiatric technician renewal--$25

(11) Duplicate License--$50

(12) - (15) (No change.)

This agency hereby certifies that the emergency adoption has been reviewed 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 August 20, 2001.

TRD-200104851

Janie Alonzo

Staff Services Officer III

Texas State Board of Podiatric Medical Examiners

Effective Date: September 1, 2001

Expiration Date: December 30, 2001

For further information, please call: (512) 305-7002


Part 23. TEXAS REAL ESTATE COMMISSION

Chapter 535. PROVISIONS OF THE REAL ESTATE LICENSE ACT

Subchapter E. REQUIREMENTS FOR LICENSURE

22 TAC §535.51

The Texas Real Estate Commission (TREC) adopts on an emergency basis an amendment to §535.51, concerning requirements for a real estate license. The amendment is necessary to implement House Bill 695, 77th Legislature (2001) which is effective September 1, 2001. House Bill 695 alters the process by which a person becomes licensed as a real estate salesperson. A sponsoring broker will no longer be required in the original application, and all applications must be for an inactive salesperson license. After an applicant has qualified for an inactive license, the person may then enter the sponsorship of a broker and engage in business. The amendment to §535.51 adopts by reference revised application forms which may be used by a person seeking a license as a real estate salesperson. The forms have been modified to remove the identification and signature of a sponsoring broker. The amendment also deletes references to a sponsoring broker where they appear in the section.

TREC has determined that adoption of the amendment on an emergency basis is necessary to prevent confusion and disruption in the filing of applications by prospective real estate salespersons and to prevent delays in licensing persons to begin real estate brokerage work. If the new application forms are not revised to be available for use on September 1, 2001, TREC would have no appropriate application forms for use by salesperson applicants in compliance with House Bill 695. TREC finds that these circumstances constitute an imminent peril to the public welfare requiring adoption of the amendment on fewer than 30 days' notice. TREC also has proposed adoption of the amendment on a permanent basis; the proposal appeared in the June 29, 2001, issue of the Texas Register (26 TexReg 4822).

The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties, and under the Texas Government Code, §2001.034, which authorizes a state agency to adopt a rule on an emergency basis with less than 30 days' notice in the event of an imminent peril to the public health, safety, or welfare.

§535.51.General Requirements.

(a) (No change.)

(b) If the commission develops a system whereby a person may electronically file an application for a license, a person who has previously satisfied applicable education requirements and obtained an evaluation from the commission also may apply for a license by accessing the commission's Internet web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. Within 60 days after paying the fee, the applicant must complete the application process by submitting a printed copy of the application signed by the applicant [ and any sponsoring broker ] and including a photograph of the applicant. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application.

(c) The commission shall return applications to applicants [ or the sponsoring broker (in the case of an application for an active salesperson license) ] when it has been determined that the application fails to comply with one of the following requirements.

(1) - (6) (No change.)

(d) (No change.)

(e) The commission adopts by reference the following forms approved by the commission which are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188:

(1) - (4) (No change.)

(5) Application for Real Estate Salesperson License, TREC Form SL-7 [ SL-6 ];

(6) Application for Late Renewal of Real Estate Salesperson License, TREC Form SLR-6 [ SLR-5 ];

(7) - (8) (No change.)

(9) Application of Currently Licensed Real Estate Broker for Salesperson License, TREC Form BSL-3 [ BSL-2 ]; and

(10) (No change.)

This agency hereby certifies that the emergency adoption has been reviewed 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 August 17, 2001.

TRD-200104806

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Effective Date: September 1, 2001

Expiration Date: December 30, 2001

For further information, please call: (512) 465-3900


Subchapter J. FEES

22 TAC §535.101

The Texas Real Estate Commission (TREC) adopts on an emergency basis an amendment to §535.101, concerning fees. The amendment is necessary to implement House Bill 695, 77th Legislature (2001) which is effective September 1, 2001. House Bill 695 increases the fee from $15 to $20 for a person to obtain an evaluation of the person's educational coursework. Under TREC rules, a person must obtain this evaluation prior to filing an application for a license. The amendment to §535.101 makes the fee schedule listed in the section consistent with House Bill 695.

TREC has determined that adoption of the amendment on an emergency basis is necessary to prevent confusion and disruption in the filing of applications by prospective real estate salespersons and brokers and to prevent delays in licensing persons to begin real estate brokerage work. TREC finds that these circumstances constitute an imminent peril to the public welfare requiring adoption of the amendment on fewer than 30 days' notice. TREC also has proposed adoption of the amendment on a permanent basis; the proposal appeared in the June 29, 2001, issue of the Texas Register (26 TexReg 4824).

The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties, and under the Texas Government Code, §2001.034, which authorizes a state agency to adopt a rule on an emergency basis with less than 30 days' notice in the event of an imminent peril to the public health, safety, or welfare.

§535.101.Fees.

(a) (No change.)

(b) The commission shall charge and collect the following fees:

(1) - (10) (No change.)

(11) a fee of $20 [ $15 ] for transcript evaluation;

(12) - (13) (No change.)

This agency hereby certifies that the emergency adoption has been reviewed 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 August 17, 2001.

TRD-200104807

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Effective Date: September 1, 2001

Expiration Date: December 30, 2001

For further information, please call: (512) 465-3900


Subchapter R. REAL ESTATE INSPECTORS

22 TAC §535.208, §535.210

The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to §535.208, concerning applications for an inspector license, and §535.210, concerning fees. Adoption of the amendments is necessary to implement House Bill 695, 77th Legislature (2001) which is effective September 1, 2001. House Bill 695 alters fees which are paid by real estate inspectors licensed by TREC and those persons applying for an inspector license.

The amendment to §535.208 adopts by reference revised application forms used by a person to obtain a license as a real estate inspector or as a professional inspector. Under current law, a person who was previously licensed as an inspector by TREC is required to pay additional fees in connection with an application for a license. The additional fees range from $16.50 to $35, depending on the length of time since the person was last licensed. House Bill 695 repeals the requirement for these additional fees effective September 1, 2001.

The amendment to §535.210 concerns fees paid by licensed inspectors. House Bill 695 requires TREC to charge a fee when an inspector requests a new license certificate due to a change of name, return to active status, or change in sponsoring broker. TREC must set the fee, which may not exceed $20. Also, TREC presently charges $10 when an inspector licensee requests a new license due to a change of address or replacement of a lost or destroyed license. TREC has determined that this fee should be increased to $20 to be consistent with the fees being paid by other TREC licensees to obtain new license certificates.

TREC has determined that adoption of the amendments on an emergency basis is necessary to prevent confusion and disruption in the filing of applications by prospective inspector licensees and the reporting of changes which require issuance of new license certificates. If the application forms are not revised to be available for use on September 1, 2001, TREC would have no appropriate application forms for use by inspector applicants in compliance with House Bill 695. It is also necessary that TREC set statutory fees in appropriate amounts to recover the costs of issuing licenses. TREC finds that these circumstances constitute an imminent peril to the public welfare requiring adoption of the amendment on fewer than 30 days' notice. TREC also has proposed adoption of the amendment on a permanent basis; the proposal appeared in the June 29, 2001, issue of the Texas Register (26 TexReg 4825).

The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties, and under the Texas Government Code, §2001.034, which authorizes a state agency to adopt a rule on an emergency basis with less than 30 days' notice in the event of an imminent peril to the public health, safety, or welfare.

§535.208.Application for a License.

(a) - (b) (No change.)

(c) The Texas Real Estate Commission adopts by reference the following forms approved by the commission. These forms are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188:

(1) - (2) (No change.)

(3) Application for a License as a Real Estate Inspector, Form REI 4-8 [ 4-7 ]; and

(4) Application for a License as a Professional Inspector, Form REI 6-8 [ 6-7 ].

(d) - (f) (No change.)

§535.210.Fees.

(a) The commission shall charge and collect the following fees:

(1) - (7) (No change.)

(8) a fee of $20 [ $10 ] for requesting a change of address or replacement of a lost or destroyed license certificate; [ and ]

(9) a fee of $20 for requesting issuance of a license because of a change of name, return to active status, or change in sponsoring professional inspector; and

(10) [ (9) ] a fee of $100 for deposit in the real estate inspection recovery fund upon an applicant's successful completion of an examination.

(b) (No change.)

This agency hereby certifies that the emergency adoption has been reviewed 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 August 17, 2001.

TRD-200104808

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Effective Date: September 1, 2001

Expiration Date: December 30, 2001

For further information, please call: (512) 465-3900