Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
Chapter 300.
ADMINISTRATION
10 TAC §300.5
The Texas Residential Construction Commission adopts amendments
to 10 TAC Chapter 300, §300.5, regarding agency task forces, with no
changes to the proposed text as published in the February 17, 2006, issue
of the
Texas Register
(31 TexReg 953).
The amendments eliminate references to the Mold Reduction and Remediation
Task Force and the Rain Harvesting and Water Recycling Task Force, which were
dissolved by the commission on December 31, 2005.
The commission received no comments on the proposed amendments.
The amendments are adopted under Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16, Property Code; §430.003, regarding
use of a mold reduction and remediation task force; and §430.004, regarding
use of a rain harvesting and water recycling task force; and Government Code
Chapter 2110, regarding a state agency's use of an advisory committee or task
force.
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.
Filed with the Office of
the Secretary of State on May 23, 2006.
TRD-200602877
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 12, 2006
Proposal publication date: February 17, 2006
For further information, please call: (512) 463-2886
Subchapter A. REGISTRATION OF BUILDERS
10 TAC §§303.1, 303.5, 303.7, 303.9, 303.13, 303.15, 303.17, 303.19
The Texas Residential Construction Commission adopts amendments
to 10 TAC Chapter 303, Subchapter A, §§303.1, 303.5, 303.7, 303.9,
303.13, 303.15, 303.17, and 303.19, relating to the registration of builders.
Sections 303.1, 303.5, 303.7, 303.13, 303.15, and 303.17 are adopted without
changes to the proposed text as published in the April 7, 2006, issue of the
The amendments are adopted to clarify procedures and intent and to add
additional requirements for registration to the current rules.
The commission received no comments on the proposed amendments.
The amendments are adopted pursuant to Chapter 416, Property
Code, which provides for the registration of builders and, generally, pursuant
to Property Code §408.001, which provides authority for the commission
to adopt rules necessary for the implementation of Title 16, Property Code.
§303.9.Eligibility Requirements.
(a)
At the time the application for registration is filed with
the commission:
(1)
individual applicants must be at least 18 years of age
and a citizen of the United States or a lawfully admitted alien and must demonstrate
to the satisfaction of the commission that the applicant is honest, trustworthy
and has integrity.
(2)
individuals who apply as the designated agents of a corporation,
limited liability company, partnership, limited partnership, limited liability
partnership or other entity must be at least 18 years age and citizen of the
United States or a lawfully admitted alien and must demonstrate to the satisfaction
of the commission that the individual is honest, trustworthy and has integrity.
(3)
a corporation, limited liability company, partnership,
limited partnership, limited liability partnership or other entity must demonstrate
that it is properly registered and in good standing with the Secretary of
State and must demonstrate to the satisfaction of the commission that the
entity has acted honestly, with trustworthiness and with integrity in its
business dealings.
(b)
The commission may consider a registered builder's complaint
history, history of homeowner-filed requests for participation in the SIRP,
compliance with state and federal law, compliance with the commission rules
and requests for information, history of unsatisfied judgments and unpaid
arbitration awards, history of bankruptcies, compliance history with the Secretary
of State regulations and payment of taxes, and history of use of corporate
and partnership structures as a means to avoid liability in evaluating whether
an applicant is honest, trustworthy and has integrity.
§303.19.Renewal.
(a)
After March 1, 2004, a person operating as a builder in
this state must keep a current certificate of registration and must timely
renew its certificate of registration.
(b)
A builder that has been issued an even-numbered builder
registration certificate must renew its registration by the last day of February
of each even-numbered year. A builder that has been issued an odd-number certificate
of registration must renew its registration by February 28 of each odd-numbered
year.
(c)
A builder who fails to maintain a current certificate of
registration may be subject to a late fee and either an administrative penalty
or other disciplinary action, as determined by the commission.
(d)
In order to renew a certificate of registration, a builder
shall submit a completed application for renewal of a certificate of registration
and the required fee to the commission not later than thirty (30) days prior
to the end of the applicable registration period as provided in subsection
(b) of this section.
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.
Filed with the Office of
the Secretary of State on May 23, 2006.
TRD-200602879
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 12, 2006
Proposal publication date: April 7, 2006
For further information, please call: (512) 463-2886
10 TAC §303.3, §303.11
The Texas Residential Construction Commission repeals §303.3
and §303.11, relating to provisional registration of builders and information
on past criminal history of builders. The provisional registration rule is
repealed because the statutory authorization expired on January 1, 2005. The
criminal history information section of §303.11 has been subsumed into
other amendments to Chapter 303.
No comments were received regarding the proposed repeal of these sections,
which was published in the April 7, 2006, issue of the
Texas Register
(31 TexReg 2959).
The repeal of these sections are ordered 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 and
Property Code, §416.003, which provided for a provisional registration
but expired by operation of law on January 1, 2005.
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.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602870
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 11, 2006
Proposal publication date: April 7, 2006
For further information, please call: (512) 463-2886
10 TAC §§303.110, 303.115, 303.140
The Texas Residential Construction Commission adopts amendments
to 10 TAC Chapter 303, Subchapter B, §§303.110, 303.115, and 303.140,
relating to registration of homes by a builder. Section 303.110 and §303.115
are adopted without changes to the proposed text as published in the February
17, 2006, issue of the
Texas Register
(31
TexReg 955). Section 303.140 is adopted with non-substantive changes to the
proposed text as published.
The adopted amendments identify appropriate forms to be used for home registration.
The change to the text of §303.140 does not affect any persons not affected
by the published proposed text of the rule.
The commission received no comments on the proposed amendments.
The amendments are adopted under Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16; and §426.003, which requires the
commission to adopt rules to specify the information that a registrant must
provide in order to register a home.
§303.140.Home Registration Process.
(a)
A person registering a home under this subchapter shall
use the Home Registration Form.
(b)
A completed home registration form must be submitted to
the commission with the appropriate fee by first class mail, personal delivery
or via the commission's secure Web portal provided for online home registrations
by builders.
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.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602871
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 11, 2006
Proposal publication date: February 17, 2006
For further information, please call: (512) 463-2886
10 TAC §303.205
The Texas Residential Construction Commission adopts amendments
to 10 TAC §303.205, relating to denial of registration of a third-party
inspector, with no changes to the proposed text as published in the February
24, 2006, issue of the
Texas Register
(31
TexReg 1137).
The amendments provide additional grounds for which the commission may
deny an application to be a third party inspector.
The commission received no comments on the proposed amendments.
The section is adopted under Property Code §408.001 which
provides general authority for the commission to adopt rules necessary for
the implementation of Title 16, Property Code and Property Code §427.001,
regarding third-party inspector qualifications.
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.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602867
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 11, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 463-2886
Subchapter C. PROCEEDINGS AT SOAH
10 TAC §305.33
The Texas Residential Construction Commission adopts new
section 10 TAC Chapter 305, Subchapter C, §305.33 without changes to
the text as published in the February 24, 2006, issue of the
Texas Register
(31 TexReg 1138). The new section clarifies the agency's
post-settlement dismissals of actions at the State Office of Administrative
Hearings (SOAH), giving the Executive Director the authority to request a
dismissal from the SOAH docket once certain criteria are met by the builder.
Subchapter D was incorrectly cited in the preamble for the proposed version
(31 TexReg 1138), February 24, 2006. Subchapter C is the correct chapter.
The commission received no comments on the proposed new section.
The new section is adopted under Property Code §408.001,
which provides general authority for the commission to adopt rules, Property
Code Chapters, 418 and 419 and Government Code, Chapter 2001.
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.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602868
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 11, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 463-2886
10 TAC §305.42, §305.43
The Texas Residential Construction Commission adopts new
10 TAC Chapter 305, Subchapter D, §305.42, regarding the imposition of
expenses and costs incurred in a contested case when a violation or denial
is upheld. There were no changes in the text.
The commission also adopts new 10 TAC Chapter 305, Subchapter D, §305.43,
regarding injunctive relief, with non-substantive changes to the proposed
text. Both new sections were published in the February 24, 2006, issue of
the
Texas Register
(31 TexReg 1138). The changes
from the proposed text for §305.43 further clarify the commission's procedure
for seeking injunctive relief against a person acting as builder or remodeler
without proper registration. The changes do not affect any persons not previously
notified of the substance of the regulation in the published version of the
text.
The commission received no comments on either section.
The new sections are adopted under Property Code, §408.001,
which provides general authority for the commission to adopt rules, Property
Code, Chapters 418 and 419 and Government Code, Chapter 2001.
§305.43.Injunction.
(a)
Prior to seeking injunctive relief, the commission will
inform unregistered builders and remodelers in writing of the requirements
to register and of the potential consequences of failing to do so.
(b)
The commission may seek the assistance of the Attorney
General to bring an action in district court to enjoin the person from engaging
in or continuing a violation of the Act or commission rules or doing an act
that furthers a violation of the Act or commission rules. In the action, the
court may enter as proper an order awarding a preliminary or final injunction.
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.
Filed with the Office of
the Secretary of State on May 22, 2006.
TRD-200602869
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: June 11, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 463-2886
Chapter 303.
REGISTRATION
Subchapter B. REGISTRATION OF HOMES
Subchapter C. REGISTRATION OF THIRD-PARTY INSPECTORS
Chapter 305.
PRACTICE AND PROCEDURES FOR HEARINGS AND DISCIPLINARY ACTIONS
Subchapter D. POST-SETTLEMENT AND POST-HEARING MATTERS
Chapter 306.
COMPLAINTS