Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Funeral Service Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Funeral Service Commission proposes to
repeal §201.2, concerning Agreements To Be in Writing.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period this section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
O.C. "Chet" Robbins, Executive Director, has determined that the public
benefit is that the repeal of this section will get rid of obsolete rules.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Comments on the repeal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The repeal is proposed under Section 651.152 of the Texas Occupation
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed repeal.
§201.2.Agreements To Be in Writing.
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103300
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
22 TAC §201.3
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Funeral Service Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Funeral Service Commission proposes to
repeal §201.3, concerning Appearances.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
O.C. "Chet" Robbins, Executive Director, has determined that the public
benefit is that the repeal of this section will get rid of obsolete rules.
There will be no effect on small businesses. There is no anticipated cost
to persons who are required to comply with the proposed section.
Comments on the repeal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704. (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The repeal is proposed under Section 651.152 of the Texas Occupation
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed repeal.
§201.3.Appearances.
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103301
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
22 TAC §201.4
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Funeral Service Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Funeral Service Commission proposes to
repeal §201.4, concerning Motions for Consideration; Exceptions.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
O.C. "Chet" Robbins, Executive Director, has determined that the public
benefit is that the repeal of this section will get rid of obsolete rules.
There will be no effect on small businesses. 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 O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The repeal is proposed under Section 651.152 of the Texas Occupation
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed repeal.
§201.4.Motions for Consideration; Exceptions.
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103302
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
22 TAC §201.6
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Funeral Service Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Funeral Service Commission proposes to
repeal §201.6, concerning Place and Nature of Hearings.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
O.C. "Chet" Robbins, Executive Director, has determined that the public
benefit is that the repeal of this section will get rid of obsolete rules.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Comments on the repeal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The repeal is proposed under Section 651.152 of the Texas Occupation
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed repeal.
§201.6.Place and Nature of Hearings.
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103303
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
22 TAC §201.7
The Texas Funeral Service Commission proposes an amendment
to §201.7, concerning Allegations and Investigations.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Robbins has also determined that for the first five-year period this
section is in effect the public benefit will be that it defines consumer protection
of licensing and enforcement. There will be no effect on small businesses.
There is no anticipated cost to persons who are required to comply with the
proposed section.
Comments on the amendment may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206 Austin, Texas 78704. (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The amendment is proposed under §651.152 of the Texas Occupations
Code, as amended by Section 18 of House Bill 3516, 76th Legislature which
authorizes the Commission to issue such rules and regulations as may be necessary
to effect the provisions of this section.
No other statutes, articles, or codes are affected by the proposed amendment.
§201.7.Allegations and Investigations.
(a)
Any person may file allegations with the commission concerning
any licensee's violation of Texas
Occupations Code, Chapter 651,
[
(1)-(5)
(No change.)
(b)
The executive director shall supervise all investigations
by the commission. The executive director shall [
(1)
the items in this subsection have been
requested by the commission, but have not been furnished; or
(2)
a subpoena or subpoena duces tecum may
be issued when there is fear that such items in this subsection may be deliberately
destroyed or hidden, evidenced by the failure or refusal of a licensee to
produce demanded documents voluntarily.
This agency hereby certifies that the proposal 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 June 13, 2001.
TRD-200103343
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
22 TAC §201.8
The Texas Funeral Service Commission proposes an amendment
to §201.8, concerning Procedures for the Petition for Adoption of Rules.
The Texas Funeral Service Commission proposes an amendment to change some
of the language. The wording has changed although the meanings are equivalent.
Delete the words commission chairman and add presiding officer. Delete the
words task a standing committee and add assign the task to staff. Delete the
words tasked committee and add appropriate group.
O.C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the proposed section.
Mr. Robbins has also determined that for the first five-year period this
section is in effect the public benefit will be that it defines procedures
on behalf of the consumer for the petition for adoption of rules.
Comments on the proposal may be submitted to O.C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The amendment is proposed under Section 651.152 of the Texas
Occupation Code, as amended by Section 18 of House Bill 3516, 76th Legislature
which authorizes the Commission to issue such rules and regulations as may
be necessary to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed amendment.
§201.8.Procedures for the Petition for Adoption of Rules.
(a)-(c)
(No change.)
(d)
When a petition is received that meets the requirements
of subsection (c) of this section, the executive director will forward the
petition to the
presiding officer
[
(e)
The
appropriate group
[
(f)
(No change.)
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103304
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 936-2474
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.51, concerning general requirements for a real estate license.
The amendment is proposed in connection with the passage of House Bill
695 by the 77th Legislature (2001), modifying the process by which a person
becomes a real estate salesperson. Under the current law, a broker files an
application together with a prospective salesperson and an active license
is issued to the salesperson upon completion of the examination and other
requirements for a license. Effective September 1, 2001, House Bill 695 will
require a person to file an application for an inactive salesperson license,
and a sponsoring broker will not be applying for the license with the salesperson.
Before an inactive salesperson may practice real estate brokerage, however,
the salesperson must be sponsored by an active real estate broker. The amendment
to §535.51 would delete language in the section referring to a sponsoring
broker and adopt revised forms used by applicants to obtain an initial salesperson
license, to obtain another salesperson license after expiration of a prior
license, or to obtain a salesperson license after being previously licensed
as a real estate broker. The forms have been revised to reflect the statutory
change in procedure regarding sponsorship by a broker. Minor changes also
have been made in the forms to make them easier to read and to eliminate unnecessary
questions.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the section.
Mr. Moseley 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 the availability of application forms to
comply with statutory changes. 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 Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed 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.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§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 [
(c)
The commission shall return applications to applicants
[
(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
[
(6)
Application for Late Renewal of Real Estate Salesperson
License, TREC Form
SLR-6
[
(7) - (8)
(No change.)
(9)
Application of Currently Licensed Real Estate Broker for
Salesperson License, TREC Form
BSL -3
[
(10)
(No change.)
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103314
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 465-3900
22 TAC §535.91, §535.92
The Texas Real Estate Commission (TREC) proposes amendments
to §535.91, concerning renewal applications and §535.92, concerning
satisfaction of mandatory continuing education requirements by real estate
licensees.
The amendment to §535.91 is intended to enable TREC to communicate
more effectively with its real estate licensees. Under the current section,
only inactive licensees are required to provide permanent mailing addresses,
and TREC uses a business street address as the mailing address for active
licensees. The amendment would require each licensee to provide a permanent
mailing address to TREC and report any change in that address within 10 days
after the change occurs. No fee is charged for changing the mailing address.
Requiring each licensee to provide a permanent mailing address permits the
licensee to select the address that is best suited to delivery of official
communications from TREC. The amendment also would require TREC to mail license
renewal notices for brokers and inactive licensees to the broker or licensee's
permanent mailing address. If the licensee is an active salesperson, the renewal
notice would be mailed to the permanent mailing address of the salesperson's
sponsoring broker. TREC would be obligated to mail the renewal notice three
months before the expiration of the current license. In the event a licensee
fails to provide a permanent mailing address, the last known mailing address
of the licensee would be presumed to be the permanent mailing address for
the licensee.
The amendment to §535.92 would delete provisions relating to mailing
of the renewal notice which are being moved to §535.91 and provide a
reference to the latter section.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
the state or for units of local government as a result of enforcing or administering
the sections. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the sections.
Mr. Moseley also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be clarification of license renewal
procedures and improved communications between licensees and TREC. There is
no anticipated economic cost to persons who are required to comply with the
proposed sections.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.91.Renewal Applications.
(a)
Each real estate license expires on the date shown on the
face of the license certificate issued to the licensee. The licensee has the
responsibility to apply for renewal of a license by making proper application,
paying the fee set by the commission and completing mandatory continuing education
(MCE) courses within the time periods required by the Act, §7A. The commission
shall mail a renewal application form
for an active broker or an inactive
licensee
to the [
(b)
(No change.)
§535.92.Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements.
(a) - (b)
(No change.)
(c)
The commission shall advise each licensee of the time period
for filing a renewal application and paying the renewal fee by mailing an
appropriate notice to the
licensee as prescribed by §535.91 of this
title (Relating to Renewal Applications)
[
(d) - (j)
(No change.)
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103316
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes an amendment
to §535101, concerning fees paid by licensees and applicants.
The amendment is proposed in connection with the passage of H.B. 695 by
the 77th Legislature (2001), increasing the fee for evaluation of a transcript
from $15 to $20. Prior to filing an application with TREC for a license for
which there is an education requirement, the applicant must first obtain an
evaluation of the applicant's course work from TREC and pay the fee set by
the law. Section 535.101 would be amended to reflect the fee that would be
effective for requests for evaluations filed on or after September 1, 2001.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the section is in effect there will be fiscal implications for the
state. Revenue from fees received for transcript evaluations is anticipated
to increase $70,000 for Fiscal Year 2002 and for each year of the five year
period following adoption of the amendment. No fiscal implications are anticipated
for units of local government as a result of enforcing or administering the
section. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the section.
Mr. Moseley 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 conforming TREC rules with statutory changes.
The anticipated economic cost to persons who are required to comply with the
proposed section is an additional $5 fee for having a transcript evaluated
by TREC.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed 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.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§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
[
(12) - (13)
(No change.)
This agency hereby certifies that the proposal 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 June 12, 2001.
TRD-200103317
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 465-3900
Civil Statutes, Article 4582b, or
] the rules promulgated by the
commission
, or the Texas Health and Safety Code Chapters 193, 361, 711-715,
or Texas Finance Code Chapter 154. A form will be furnished for the purpose
of filing the allegation in writing and will include space for
[
. The allegations must be in writing and include
] the following information:
have the power to
]
issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses
and the production of books, records, [
and
] documents
and/or
other material pertinent to an investigation or any hearing requested by a
licensee in the appeal of a decision by the commission; or any investigation,
arbitration, or prosecution of a violation of the statutes and rules within
the jurisdiction of the commission in circumstances where:
commission chairman
]
who will either
assign the
task
to staff
[
a standing
committee
] or appoint an ad hoc committee to study the petition and
make a recommendation to the commission.
tasked committee
] will report all petitions out of committee with a recommendation to
the commission regarding its adoption.
Part 23.
TEXAS REAL ESTATE COMMISSION
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.
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.
SL-6
] ;
SLR-5
];
BSL-2
]; and
Subchapter I. LICENSES
licensee's
] last known
permanent mailing
[
business
] address
of the broker or licensee
[
or, if the licensee is in an inactive status, to the licensee's last
known permanent mailing address
] as shown in the commission's computerized
records.
The commission shall mail a renewal application form for an
active salesperson to the permanent mailing address of the salesperson's sponsoring
broker. The commission shall mail the form three months before the expiration
of the current license. Each licensee
[
An inactive licensee
]
shall furnish a permanent mailing address
to the commission
[
at the time the licensee becomes inactive
] and report all subsequent
address changes within 10 days after a change of address. If a licensee fails
to provide a permanent mailing address [
at the time the licensee's license
status becomes inactive
], the last known mailing address provided by
the licensee will be deemed to be the licensee's permanent mailing address.
Applications must be made on the current renewal application form approved
by the commission accompanied by the required fee. Failure to receive a license
renewal application form does not relieve a licensee of the obligation to
obtain the appropriate form and to apply for renewal of a license. A licensee
shall provide information requested by the commission in connection with an
application to renew a license within 30 days after the commission requests
the information. Failure to provide information requested by the commission
in connection with a renewal application within the required time is grounds
for disciplinary action under the Act, §15B(b).
licensee's last known
business address, or if the licensee is in an inactive status, to the licensee's
last known permanent mailing address. The notice shall be mailed three months
before expiration of the current license
]. If the licensee is subject
to mandatory continuing education (MCE) requirements, the notice must also
contain the number of MCE hours for which the licensee has been given credit
and the number of additional MCE hours required for renewal of the license.
The commission shall have no obligation to so notify an inactive licensee
who has failed to furnish the commission with the person's permanent mailing
address or a corporation, limited liability company or partnership that has
failed to designate an officer, manager or partner who meets the requirements
of the Real Estate License Act (the Act).
Subchapter J. FEES
$15
] for transcript
evaluation;
Subchapter R. REAL ESTATE INSPECTORS