Part XXIII.
Texas Real Estate Commission
Chapter 537.
Professional Agreements and Standard Contracts
Professional Agreements and Standard Contracts
22 TAC §537.11, §537.42
The Texas Real Estate Commission (TREC) proposes amendments
to §537.11, concerning use of standard contract forms, and §537.42,
which adopts by reference an agreement for mediation. The amendment to §537.11
would modify the list of standard contract forms promulgated by TREC to include
a revised version of an agreement for mediation. The agreement for mediation
has been revised by the Texas Real Estate Broker-Lawyer Committee to clarify
that the agreement survives the closing of the real estate transaction, enabling
the parties to rely upon the agreement before resorting to litigation. The
agreement for mediation also has been rewritten to reflect nonsubstantive
changes in voice and style used in more recently promulgated contract forms.
The amendment to §537.42 adopts the revised agreement for mediation by
reference. Adoption of the amendments is necessary to clarify that the agreement
for mediation also applies to disputes which may arise after closing and to
make the agreement for mediation consistent with other forms promulgated by
TREC.
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
state or local government as a result of enforcing or administering the sections.
There is no anticipated impact on 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 a possible increase in the use of
mediation in real estate transactions as an alternative to litigation. There
will be no effect on small businesses. 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 that is affected by these sections is Texas Civil Statutes,
Article 6573a.
§537.11.Use of Standard Contract Forms.
(a)
Standard Contract Form TREC Number 9-3 is promulgated
for use in the sale of unimproved property where intended use is for one to
four family residences. Standard Contract Form TREC Number. 10-2 is promulgated
for use as an addendum concerning sale of other property by a buyer to be
attached to promulgated forms of contracts. Standard Contract Form TREC Number
11-3 is promulgated for use as an addendum to be attached to promulgated forms
of contracts which are second or "back-up" contracts. Standard Contract Form
TREC Numbere 12-1 is promulgated for use as an addendum to be attached to
promulgated forms of contracts where there is a Veterans Administration release
of liability or restoration entitlement. Standard Contract Form TREC Number
13-1 is promulgated for use as an addendum concerning new home insulation
to be attached to promulgated forms of contracts. Standard Contract Form TREC
Number 15-2 is promulgated for use as a residential lease when a seller temporarily
occupies property after closing. Standard Contract Form TREC Number. 16-2
is promulgated for use as a residential lease when a buyer temporarily occupies
property prior to closing. Standard Contract Form 20-3 is promulgated for
use in the resale of residential real estate where there is all cash or owner
financing, an assumption of an existing loan, or a conventional loan. Standard
Contract Form TREC Number 21-3 is promulgated for use in the resale of residential
real estate where there is a Veterans Administration guaranteed loan or a
Federal Housing Administration insured loan. Standard Contract Form TREC Number
23-2 is promulgated for use in the sale of a new home where construction is
incomplete. Standard Contract Form TREC Number 24-2 is promulgated for use
in the sale of a new home where construction is completed. Standard Contract
Form TREC Number 25-2 is promulgated for use in the sale of a farm or ranch.
Standard Contract Form TREC Number 26-2 is promulgated for use as an addendum
concerning seller financing. Standard Contract Form TREC Number 28-0 is promulgated
for use as an addendum to be attached to promulgated forms of contracts where
reports are to be obtained relating to environmental assessments, threatened
or endangered species, or wetlands. Standard Contract Form TREC Number 29-0
is promulgated for use as an addendum to be attached to promulgated forms
of contracts where an abstract of title is to be furnished. Standard Contract
Form TREC Number 30-1 is promulgated for use in the resale of a residential
condominium unit where there is all cash or seller financing, an assumption
of an existing loan, or a conventional loan. Standard Contract Form TREC Number
31-1 is promulgated for use in the resale of a residential condominium unit
where there is a Veterans Administration guaranteed loan or a Federal Housing
Administration insured loan. Standard Contract Form TREC Number 32-0 is promulgated
for use as a condominium resale certificate. Standard Contract Form TREC Number
33-0 is promulgated for use as an addendum to be added to promulgated forms
of contracts in the sale of property adjoining and sharing a common boundary
with the tidally influenced submerged lands of the state. Standard Contract
Form TREC Form Number 34-0 is promulgated for use as an addendum to be added
to promulgated forms of contracts in the sale of property located seaward
of the Gulf Intracoastal Waterway. Standard Contract Form TREC Number
35-1
[
(b)-(j)
(No change.)
§537.42. Standard Contract Form TREC Number 35-1 [
The Texas Real Estate Commission adopts by reference standard contract
form TREC No.
35-1
[
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
January 8, 1998.
TRD-9800273
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 23, 1998
For further information, please call: (512) 465-3900
Part XXV.
Structural Pest Control Board
Chapter 595.
Compliance and Enforcement
22 TAC §595.16
The Texas Structural Pest Control Board proposes new §595.16,
concerning Approval of Products. The rule establishes an approval procedure
for products and devices used by licensees of the agency. It defines what
must be included in a request for approval, exempts mechanical traps, glue
devices and insect monitoring stations from the approval process and sets
out a procedure for appeal of an agency decision.
Benny M. Mathis, Executive Director has determined that there will be fiscal
implications as a result of enforcing or administering the rule. The effect
on state government for the first five-year period the rule will be in effect
is an estimated additional cost of $30,000,000, no estimated reduction in
cost and an estimated loss in revenue as there is currently no source of revenue
for this proposal. There will be no effect on local government for the first
five-year period the rule will be in effect.
Roger B. Borgelt, General Counsel has determined that for each year of
the first five years the rule as proposed is in effect, the public benefits
anticipated as a result of enforcing the rule will be that licensees will
only be using products or devices that have been determined to be effective
for control of pest problems. The anticipated economic cost to individuals
who are required to comply with the rule as proposed will be the delay in
use while awaiting approval and the cost of compiling a request for approval.
Comments on the proposal may be submitted to Roger B. Borgelt, General
Counsel, Structural Pest Control Board, 1106 Clayton Lane #100LW, Austin,
Texas 78723.
The new section is proposed under Article 135b-6, which provides
the Structural Pest Control Board with the authority to license and regulate
persons who provide structural pest control services.
The following is the (statutes, articles, or code) that are affected by
this rule: Rule Number Statute, Article or Code, Texas Civil Statutes Annotated,
Article 135b-6.
§595.16 Approval of Products
It will be illegal to use materials, products and/or methods for structural
pest control that are not approved by the Board.
(1)
Each pesticide product or device registered by the United
States Environmental Protection Agency and/or the Texas Department of Agriculture
for structural pest control may be approved by the Board as long as the product
is applied according to the instructions on the label or labeling and efficacy
has been demonstrated.
(2)
Products or devices not subject to the Environmental
Protection Agency or Texas Department of Agriculture registration may be
approved by the Board if the manufacturer or a licensee submits a request
for approval by the Board. The request should contain the following information:
(A)
the name and address of the applicant and the name and
address of the person whose name shall appear on the product label or device,
if not the applicant's;
(B)
the name of the product or device;
(C)
a complete copy of all labeling or use instructions to
accompany the product or device and a statement of all claims to be made
for it, including directions for use;
(D)
the complete formula of the product, including active and
inert ingredients; if any;
(E)
a full description of all tests known to the applicant
and the results of the tests on which product efficacy claims are based.
These tests should be made by a recognized testing agency or institution
and support, to the Board's satisfaction, the efficacy and safety of the
product or device when used as directed; and
(F)
all available toxicological and safety information, including
any antidotes or effective treatments for problems associated with use of
the product.
(3)
The following types of devices are exempt from
this regulation: mechanical traps and glue-based devices used for rodent
or small animal control, insect monitoring stations which may provide incidental
control.
(4)
Requests for approval must be filed with the Executive
Director of the Structural Pest Control Board. Not later than 60 days after
a complete request is filed, the Executive Director shall make a recommendation
to the Board regarding approval. The Executive Director may consult with
academic institutions, governmental authorities and industry experts regarding
the recommendation. The recommendation may include modifications or limitations
on the use of the product or device. Upon receipt of the Director's recommendation,
the Board may approve, deny or modify the request for approval. If the requestor
disagrees with the Board's action, the requestor may request a hearing before
the State Office of Administrative Hearings (SOAH). The request for hearing
must be submitted within 30 days of the date of the Board's action on the
request. The hearing will be governed by the Administrative Procedures Act
(APA) and the regulations adopted by SOAH and the Structural Pest Control
Board for conduct of administrative hearings. This agency hereby certifies
that the proposal has been reviewed by legal counsel and found to be within
the agency's authority to adopt. Issued in Austin, Texas December 9, 1997
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
January 9, 1998.
TRD-9800374
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: February 23, 1998
For further information, please call: (512) 451-7200
Chapter 661.
General Rules of Procedure and Practices
Applications, Examinations, and Licensing
35-0
] is promulgated for use as an addendum to be added
to promulgated forms of contracts as an agreement for mediation. Standard
Contract Form TREC Form Number 36-0 is promulgated for use as an addendum
to be added to promulgated forms in the sale of property subject to mandatory
membership in an owners' association. Standard Contract Form TREC Form Number
37-0 is promulgated for use as a resale certificate when the property is subject
to mandatory membership in an owners' association.
35-0 ].
35-0
] approved by the Texas Real
Estate Commission in
1998
[
1994
]. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188.
Part XXIX.
Texas Board of Professional Land Surveying