16 TAC §§77.10, 77.70, 77.80
The Texas Department of Licensing and Regulation adopts new §77.10
and amendments to §77.70 and §77.80 of the Service Contract Providers
administrative rules without changes to the proposed text as published in
the November 10, 2000 issue of the
Texas Register
(25 TexReg 11219) and will not be republished.
New §70.10 clarifies that only service contracts sold in Texas are
under the Department's jurisdiction.
The amendment to §77.70 ensures that service contract holders are
made aware in a timely manner of their rights and obligations under the service
contracts.
The amendment to §77.80 specifies that the tiered registration fee
structure applies to companies that have no service contracts and those that
have exactly 500 contracts in force prior to registration.
One comment was received from Akin, Gump, Strauss, Hauer & Feld, L.L.P.
on behalf of their client, The Texas Retailers Association, in support of
the proposed rules.
The new rule and amendments are adopted under Texas Revised Civil
Statutes Annotated, Article 9034, which authorizes the Commissioner of the
Texas Department of Licensing and Regulation to adopt rules as necessary to
implement the intent and purpose of the article.
The new section and amendments affect Texas Revised Civil Statutes Annotated,
Article 9034 and Texas Occupations Code, Chapter 51.
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 January 17, 2001.
TRD-200100335
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 6, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 463-7348