Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
Chapter 300.
ADMINISTRATION
10 TAC §300.5
The Texas Residential Construction Commission (commission)
proposes amendments to 10 TAC §300.5, regarding Task Forces. The section
establishes the responsibilities, composition, and terms for three separate
task forces. The amendments are proposed to eliminate references in the rule
to the Mold Reduction and Remediation Task Force and the Rain Harvesting and
Water Recycling Task Force, which the commission has determined to dissolve
as of December 31, 2005.
Ms. Susan Durso, General Counsel for the commission, has determined that
for each year of the first five year period that the amended rule is in effect
there will be no increase in expenditures or revenue for state government
and no fiscal impact for local government as a result of enforcing or administering
the section. There will be a reduction in costs to the agency because there
will be no expenditure of staff resources in support of the two additional
task forces.
Ms. Durso has also determined that for the first five years the amended
rule is in effect the public will benefit from a reduced expenditure of staff
resources supporting these task forces. There will not be an effect on individuals
or large, small or micro businesses. There is no anticipated economic cost
to persons who are required to comply with the proposed section.
Ms. Durso has also determined that for each year of the first five-year
period the proposed rules are in effect there should be no effect on a local
economy; therefore, no local employment impact statement is required under
the Administrative Procedure Act, Section 2001.022.
Comments on the proposed amendments may be submitted to Susan K. Durso,
General Counsel, Texas Residential Construction Commission, 311 E. 14th Street,
Austin, Texas 78701 or by fax to (512) 475-2453. Comments may also be submitted
electronically to susan.durso@trcc.state.tx.us. For comments submitted electronically,
please include "Task Force Rule" in the subject line. The deadline for submission
of comments is thirty (30) days from the date of publication of the proposed
rules in the
Texas Register
. Comments should
be organized in a manner consistent with the organization of the rule under
consideration.
The amendment is proposed pursuant to Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16, Property Code, Property Code §430.003,
which provides for the creation of a Mold Remediation Task Force, Property
Code §430.004, which provides for the creation of a Rainwater Harvesting
and Water Recycling Task Force, and Government Code Chapter 2110, regarding
the establishment of agency advisory committees.
The proposed amendments reflect the commission's decision to allow the
Mold Remediation Task Force and the Rainwater Harvesting and Water Recycling
Task Force to expire effective December 31, 2005. They also reflect the incorporation
of Government Code Chapter 2110 provisions for the appointment of any task
force that the commission may later decide to create.
§300.5.Task Forces.
(a)
The commission
may establish
[
(b)
Composition. The commission shall appoint a reasonable
number of task force members to each task force[
(c)
Duration. [
(1)
The commission shall establish
the date for abolishing each task force by rule.
(2)
The Residential Arbitrators and Arbitration
Task Force shall be abolished on September 1, 2007, as prescribed by the Act.
(d)
Conditions of
task force
membership.
(1)
The term of office for each member shall be
two years. A member whose term has expired shall continue to serve until a
qualified replacement is appointed by the commission. In the event a member
cannot complete his or her term, the commission shall appoint a qualified
replacement to serve the remainder of the term.
(2)
Participation in a task force is voluntary.
Task force members shall serve without compensation
. Travel reimbursement
[
(e)
Responsibilities.
(1)
A
[
[
[
(2)
[
(f)
Meetings. Task force meetings may be conducted by telephone
conference. Each task force shall be subject to meeting at the call of the
presiding member. A quorum shall consist of a majority of the task force membership.
(g)
Reports. [
(1)
The presiding member shall file with the commission, a
report containing:
(A)
the minutes of
meetings
[
(B)
a memo summarizing the
meetings
[
(C)
a list of its recommendations, if any.
(2)
Within 20 days after a report is filed, any commissioner
may request that one or more items described in the report be placed on an
agenda to be discussed during an open meeting of the commission. If no commissioner
requests that the list be placed on an agenda for an open meeting, the report
is deemed
accepted
[
(h)
Evaluation of costs and effectiveness. The commission shall
evaluate each task force annually. Evaluation shall be conducted by an evaluation
team appointed by the Executive Director. The evaluation team will report
to the commission in open meeting each August of its findings regarding:
(1)
each task force's work;
(2)
each task force's usefulness; and
(3)
the costs related to each task force's existence, including
the cost of agency staff time spent in support of each task force's activities.
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 February 2, 2006.
TRD-200600556
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: March 19, 2006
For further information, please call: (512) 463-2886
Subchapter B. REGISTRATION OF HOMES
shall appoint
three separate
] task forces
in accordance with Government Code
Chapter 2110 and shall appoint at least one task force in accordance with
Property Code §436.004
to be referred to as the [
Mold Reduction
and Remediation Task Force, the Rain Harvesting and Water Recycling Task Force
and
] Residential Arbitrators and Arbitration Task Force.
,
]
established
not to exceed twenty-four members [
on each task force
].
The commission may appoint one or more commissioners to participate as a
non-voting
member of
a
[
any
] task force. The membership
of
a
[
each
] task force must reflect a balanced representation
between the affected industry and consumers and include any express statutory
membership representations as further described in this section. Each task
force
appointed
shall select a presiding officer from among its
voting
members. [
Notwithstanding the above provisions of this subsection,
the Mold Reduction and Remediation Task Force must include representation
by public health officers of this state, health and medical experts, mold
abatement experts and representatives of affected consumers and industries.
]
The Rain Harvesting and Water Recycling
Task shall be abolished on the fourth anniversary of the date of creation,
unless the commission affirmatively votes to continue the task force in existence.
The Mold Reduction and Remediation Task Force shall be abolished on December
31, 2005.
]
, but shall be entitled to reimbursement at rates established
for state employees for travel
] and per diem incurred in the performance
of their official duties
will be paid only if
[
, provided
such reimbursement is
] authorized by the Texas Legislature in the General
Appropriations Act.
Each
] task force
will study issues and provide advice to the commission, as charged by the
commission
. [
shall undertake the following responsibilities as
statutorily required:
]
(1)
the Mold Reduction and Remediation
Task Force shall advise the commission regarding the adoption of standards
that are designed to reduce the general population's exposure to mold and
shall consider the feasibility of adopting permissible limits for exposure
to mold in indoor environments;]
(2)
the Rain Harvesting and Water
Recycling Task Force shall advise the commission and assist in the development
of design recommendations for residential construction that encourages rain
harvesting and water recycling; and]
(3)
] The Residential Arbitrators
and Arbitration Task Force shall study and advise the commission regarding
residential arbitrators and arbitration
as statutorily required
.
After each task force meeting,
]
The
[
the
] presiding member shall
regularly
prepare
a report to the commission regarding its activities and recommendations.
the meeting
];
meeting
]; and
approved
] by the commission.
Chapter 303.
REGISTRATION