Texas Register
. Thereafter, the comments will not
be considered as timely filed. Comments may also be submitted electronically
to comments@trcc.state.tx.us. For comments submitted electronically, please
include "303.7 rule correction" in the subject line.
The amendments are proposed pursuant to Chapter 416, Property
Code, which provides for the designation of registered agents for 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.
The statutory provisions affected by these proposed amendments adoption
of these rules are those set forth in Property Code, Chapters 408 and 416.
No other statutes, articles, or codes are affected by the proposed amendments.
§303.7.Designated Agents.
(a)
To be eligible to receive a certificate of registration
under this subchapter all applicants must designate an individual as the primary
designated agent.
(b)
Each designated agent must adhere to the same registration
requirements and meet the same eligibility requirements as any person applying
for builder registration under this subchapter. There is no separate builder
registration application form or fee required to register the primary agent
designated by a registered builder.
(c)
The primary designated agent of a sole proprietorship is
limited to the individual proprietor.
(d)
A corporation must designate one
of its officers
as
the primary designated agent.
(e)
A limited liability company must designate one
of
its managers or members
as the primary designated agent.
(f)
A partnership, limited partnership or limited liability
partnership must designate one of its managing partners as the primary designated
agent or, if there are no individuals serving as a managing partner, a partnership,
limited partnership or limited liability partnership must designate an individual
officer from among its managing partner entities as the designated agent.
(g)
A corporation, limited liability company, partnership,
limited partnership or limited liability partnership is not eligible for registration
as a builder and may not act as a builder unless the entity's primary designated
agent is individually eligible for registration as a builder.
(h)
Individuals who are approved as registered designated agents
of a corporation, limited liability company, partnership, limited partnership,
limited liability partnership or other entity registered as builder, are registered
builders.
(i)
A corporation, limited liability company, partnership,
limited partnership or limited liability partnership may submit a Secondary
Agent Registration Form and fee to register one or more qualified individuals
to serve as a secondary registered agent(s).
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 15, 2006.
TRD-200603289
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 463-2886