10 TAC §303.115
The Texas Residential Construction Commission (the "commission")
proposes a new Title 10, Part 7, Chapter 303, Subchapter B, §303.115,
regarding the withdrawal of a home registration filed with the commission
pursuant to commission rules.
The new section is proposed in response to comments received on home registration
rules proposed in the January 9, 2004, issue of the
Texas Register
(29 TexReg 274).
New §303.115 allows a builder to withdraw a home registration submitted
if the underlying transaction does not commence; however, the registration
fee is not refundable. Withdrawal must be submitted on a commission-prescribed
form.
Stephen D. Thomas, Executive Director, has determined that for each year
of the first five-year period the new section is in effect there will be no
fiscal implications for state or local government as a result of enforcing
or administering the new section.
Mr. Thomas has also determined that for each year of the first five-year
period the new section is in effect, the public will benefit from the implementation
of the home registration process and the improved accuracy of the registration
records as a result of the withdrawal process.
Mr. Thomas has also determined that large, small and micro-businesses that
fall within the purview of the Act agency will be not be affected by the implementation
of the new section. There is no anticipated economic costs to persons who
are required to comply with the proposed new section.
Mr. Thomas has also determined that for each year of the first five-year
period the proposed section is in effect there will be no effect on local
economies; therefore, no local employment impact statement is required pursuant
to Administrative Procedure Act §2001.022.
Interested persons may submit written comments (16 copies) on the proposed
section to Susan K. Durso, General Counsel, Texas Residential Construction
Commission, P.O. Box 13144, Austin, Texas, 78711. The deadline for submission
of comments with the commission is 30 days from the date of publication of
the proposed section in the
Texas Register
.
Comments should be organized in a manner consistent with the organization
of the proposed section.
The new section is proposed to implement new legislation enacted
during the 78th Legislative Session, Regular Session, including House Bill
730 (Act effective September 1, 2003, 78th Legislature, Regular Session, Chapter
458, §1.01).
The statutory provisions affected by the proposed new section are those
set forth in the Property Code, Chapter 46 and House Bill 730, 78th Legislature.
No other statutes, articles, or codes are affected by the proposed section.
§303.115.Withdrawal of Home Registration.
(a)
A builder may withdraw a home registered under this subchapter
if the transaction governed by the Act is canceled prior to completion of
the work; however, the home registration fee paid will not be refunded.
(b)
A builder who seeks to withdraw a home registered under
this subchapter shall submit the request for withdrawal on a commission-prescribed
form to the commission.
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 May 25, 2004.
TRD-200403561
Susan Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 475-0595