Part 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
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 agency task forces. The amendments are proposed to eliminate references in the rule to the Arbitration Task Force, which has completed its statutory responsibilities and the statutory section requiring the task force expires on September 1, 2007. Further, the current rule language provides for the abolition of the Arbitration Task Force at the conclusion of its statutory duties on September 1, 2007. In addition, the commission is reviewing the necessity of this rule under the requirements of Government Code §2001.39, which requires each state agency to periodically review its rules. Government Code §2110.005 requires an agency that establishes an advisory committee, which is defined to include a task force, to adopt rules for the establishment of those committees. The amendments will strike the term "task force" and replace it with "advisory committee" throughout in order to use the same language as in the Government Code, now that all three task forces required by the commission's enabling Act have expired.
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 task force.
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 this task force. There will be no 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 rule is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §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 comments@trcc.state.tx.us. For comments submitted electronically, please include "Task Force Rule" in the subject line. Please include any comments on whether the initial reason for the rule still exists. The deadline for submission of comments is twenty (20) 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 amendments are 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 §436.004, which provides for the creation of a Arbitration Task Force, and which expires by operation of law on September 1, 2007; Government Code §2001.39, which requires state agency's to periodically review their rules, and Government Code Chapter 2110, regarding the establishment of agency advisory committees.
No other statute, articles or codes are affected by this section.
§300.5. Advisory Committees [ Task Forces ].
(a) The commission may establish
advisory committees
[
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 Residential Arbitrators and Arbitration Task Force.
]
(b) Composition. The commission shall appoint a reasonable number of
advisory committee
[
task force
] members to
each
advisory committee
[
task force
] established not
to exceed twenty-four members. The commission may appoint one or more commissioners
to participate as a non-voting member of
an advisory committee.
[
a task force.
] The membership of
an advisory committee
[
a 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
advisory committee
[
task force
] appointed shall select a presiding officer from among its
voting members.
(c) Duration.
[
(1)
]
The commission shall establish the date for
abolishing each
advisory committee
[
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
advisory committee
[
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
an advisory committee
[
a task force
] is voluntary.
Advisory committee
[
Task
force
] members shall serve without compensation. Travel reimbursement
and per diem incurred in the performance of their official duties will be
paid only if authorized by the Texas Legislature in the General Appropriations
Act.
(e) Responsibilities.
[
(1)
]
An advisory committee
[
A task force
] will study issues and provide advice to the commission, as charged
by the commission.
[
(2)
The Residential Arbitrators and Arbitration
Task Force shall study and advise the commission regarding residential arbitrators
and arbitration as statutorily required.
]
(f) Meetings.
Advisory committee
[
Task force
] meetings may be conducted by telephone conference. Each
advisory
committee
[
task force
] shall be subject to meeting at the
call of the presiding member. A quorum shall consist of a majority of the
advisory committee
[
task force
] membership.
(g) Reports. The presiding member shall regularly prepare a report to the commission regarding its activities and recommendations.
(1) The presiding member shall file with the commission, a report containing:
(A) the minutes of meetings;
(B) a memo summarizing the meetings; and
(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 by the commission.
(h) Evaluation of costs and effectiveness. The commission shall
evaluate each
advisory committee
[
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
[
each
]
advisory committee's
[
task force's
] work;
(2)
Each
[
each
]
advisory committee's
[
task force's
] usefulness; and
(3)
The
[
the
] costs related to each
advisory committee's
[
task force's
] existence, including
the cost of agency staff time spent in support of each
advisory committee's
[
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 June 15, 2007.
TRD-200702439
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886
The Texas Residential Construction Commission (commission) proposes new rule 10 TAC §300.6 regarding fees adopted by the commission. The proposed new section provides that the commission will adopt fees to implement Title 16 of the Property Code and will review those rules at least annually. The new rule is proposed as a part of a rule review pursuant to Texas Government Code, §2001.39. The new rule is proposed as a part of a plan to consolidate Chapters 300, 301, and 302 of Title 10, Part 7 of the Texas Administrative Code, because all three chapters currently contain rules related to general agency administration. Current rule 10 TAC §302.1 will be repealed as a part of the overall plan, and the proposed repeal is published in the same issue of the Texas Register as this proposed new rule. The proposed new rule includes current provisions of §302.1 and amendments based on changes to Title 16 adopted during the 80th Regular Session of the Legislature. The initial need for the rule continues to exist because the commission has statutory authority to collect certain fees and to impose late fees. In addition, the commission has new statutory language related to the adoption of those fees; and the rules will assist the public by providing a single cite for information regarding those rules and the agency's plan to review its fee rules at least annually.
Ms. Susan K. Durso, General Counsel for the commission, has determined that, for each year of the first five-year period that the new section 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.
Ms. Durso has also determined that, for the first five years the proposed new section is in effect, the public will benefit from having a rule summarizing general rules about the fees imposed and collected by the commission. There will be no effect on individuals or large, small, or micro businesses as a result of the new section because the proposed rule reflects the current practices of the commission.
Ms. Durso has also determined that, for each year of the first five-year period the proposed new section is in effect, there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Comments on the proposed new rules 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. As part of the rule review, the public may include comments on whether the rule is still necessary. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Revised Fee Rule" in the subject line. The deadline for submission of comments is twenty (20) days from the date of publication of the proposed new rule in the Texas Register . Comments should be organized in a manner consistent with the organization of the rule under consideration.
The new rule 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, Chapters 416, 426, and 427 and Property Code, §408.002, regarding the adoption of fees by the commission; §408.005, regarding the collection of amounts due the commission; and §417.003 regarding fees for registration as an arbitrator. In addition, the new rule is proposed as part of an agency rule review plan pursuant to Government Code, §2001.39.
No other statutes, articles, or codes are affected by this section.
§300.6.Adoption of Fees.
(a) At least annually, the commission shall review and consider for adoption fees that are reasonable and necessary to provide sufficient revenue to cover the costs of administering the Act.
(b) The commission shall publish fees adopted on its website and make the information available to the public upon request.
(c) The fees collected for application and renewal of builder or remodeler registration certificates will be no greater than the maximum amount set by statute.
(d) The commission may adopt late fees for late payment of any fee due to the commission; however, the amount of the late fee shall not exceed the amount of the fee due.
(e) The commission may charge a requestor a reasonable fee for the submission of a request under Subtitle D of Title 16 of the Property Code as required by the commission to cover the expense of the third-party inspector, and the commission shall provide a waiver or reduction of a fee for a homeowner who submits a request and demonstrates an inability to pay the required fee.
(f) The commission may seek reimbursement of any amounts due to the commission and shall seek restitution for any dishonored payment instrument submitted to the commission for payment of any amount due to the commission.
(g) All fees paid to the commission for registration, certification or renewal of a registration or certification issued by the commission are non-refundable.
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, 2007.
TRD-200702440
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886
The Texas Residential Construction Commission (commission) proposes new 10 TAC §300.7 regarding Fees for Public Information. The proposed new section will provide that the commission will charge fees for providing responses to requests for information pursuant to the Public Information Act in accordance with applicable law. The new section refers to the rules adopted by the Office of the Attorney General found in Title 1 of the Texas Administrative Code in §§70.1 - 70.11. The Attorney General's new rules became effective February 22, 2007.
In addition the new section will include changes to the commission's enabling Act exempting from charges agency information provided in response to a request under Property Code §409.001. The new section is proposed as a part of a rule review plan undertaken by the commission pursuant to Government Code §2001.39, which requires state agencies to periodically review adopted rules to determine if the initial reason for the rule still exists. Chapter 552 of the Government Code governs the charges for responding to requests for public information and assigns by rule the task of setting those fees to the Office of the Attorney General. The agency's rule plan moves the current agency fee rule for public information from 10 TAC §302.2 to 10 TAC §300.7 as part of an overall scheme to consolidate agency administrative rules into one chapter. The commission believes that the initial reason for adopting a rule regarding charges for responding to requests for public information continues to exist.
Ms. Susan Durso, General Counsel for the commission, has determined that for each year of the first five year period that the new section 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.
Ms. Durso has also determined that for the first five years the new section is in effect the public will benefit from knowing the correct references to the rules governing charges under the Public Information Act. There will be no effect on individuals, or large, small or micro businesses.
Ms. Durso has also determined that for each year of the first five-year period the new section is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Comments on the proposed new section 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. Please include any comments on whether the initial need for the rule continues to exist. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Public Information Fee Rule" in the subject line. The deadline for submission of comments is twenty (20) 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 new rule 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 and §408.002, regarding charges for certain information provided by the commission under §409.001; Texas Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Copies of Public Information) and Government Code §2001.39, which requires that agencies periodically review their rules.
No other statute, article, or code was affected by this section.
§300.7.Fees for Public Information.
(a) The commission's fees for providing public information will be determined in accordance with the rules promulgated by the Office of the Attorney General under Title 1, Texas Administrative Code, §§70.1 - 70.11 (Cost of Public Information).
(b) Information describing commission functions, the limited statutory warranty and building and performance standards, the state-sponsored inspection and dispute resolution process, and complaint and request filing procedures provided pursuant to a request under §409.001 of the Property Code is not subject to fees charged pursuant to subsection (a) of this section, unless the request is made by a builder or remodeler for an agency publication to be distributed by that builder or remodeler.
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, 2007.
TRD-200702464
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Residential Construction Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Residential Construction Commission ("commission") proposes to repeal 10 TAC §301.1, concerning definitions used in construing agency rules promulgated to implement the Texas Residential Construction Commission Act ("Act"), Title 16, Property Code. The repeal is proposed pursuant to an overall scheme to consolidate agency administrative rules into a single chapter under the agency’s rule review plan. The agency is currently reviewing its rules pursuant to the requirements of Government Code §2001.39. The definitions currently contained in 10 TAC §301.1 will be proposed for adoption with any necessary amendments to the text resulting from recent legislation, prior to the effective date of the repeal.
Ms. Susan K. Durso, General Counsel for the commission, has determined that for each year of the first five year period that the proposed repeal 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.
Ms. Durso has also determined that for the first five years the proposed repeal is in effect the public will benefit from the overall rule reorganization that will place all of the agency administrative rules in the same chapter. There will not be an effect on individuals, large, small or micro businesses. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.
Ms. Durso has also determined that for each year of the first five-year period the proposed repeal is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Comments on the proposed repeal 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 comments@trcc.state.tx.us. For comments submitted electronically, please include "301.1 repeal" 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 section under consideration. Comments not timely received or that are submitted electronically but do not have "301.1 repeal" in the subject line may not be considered.
The repeal 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 and Government Code §2001.30, which requires state agencies to periodically review their rules to determine whether there is a continued need for their existence. No other statute, article, or code is affected by this section.
§301.1.Definitions.
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, 2007.
TRD-200702476
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Residential Construction Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Residential Construction Commission (commission) proposes to repeal 10 Texas Administrative Code §302.1 (10 TAC §302.1) regarding fees adopted by the commission. The proposed repeal is part of an overall plan to consolidate rules found in 10 Texas Administration Code Chapters 300, 301, and 302 as a part of an agency rule review undertaken pursuant to Texas Government Code §2001.39. In this same issue of the Texas Register, a new rule is proposed that will incorporate the current language of §302.1 with amendments to the rule language as a result of legislative changes to the commission's enabling Act passed during the 80th Regular Session of the Texas Legislature.
Ms. Susan Durso, General Counsel for the commission, has determined that for each year of the first five year period that the repeal 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.
Ms. Durso has also determined that for the first five years the repeal is in effect the public will benefit from having all rules related to agency administration consolidated into a single chapter of the Administrative Code. There will be no effect on individuals, or large, small or micro businesses as a result of the repeal because the rule language is being moved to another administrative rule chapter and the legislative changes reflect the current practices of the commission.
Ms. Durso has also determined that for each year of the first five-year period the repeal is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Comments on the proposed repeal 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 should include any comments on the agency rule review plan to consolidate agency administrative rules into a single chapter of the Texas Administrative Code and to determine whether this rule is still needed. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Fee Rule Repeal" in the subject line. The deadline for submission of comments is thirty (30) days from the date of publication of the proposed repeal in the Texas Register. Comments should be organized in a manner consistent with the organization of the rule under consideration.
The repeal 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 and Government Code §2001.39, requiring periodic agency review of rules.
No other statutes, articles, or codes are affected by this section.
§302.1.Adoption of Fees.
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, 2007.
TRD-200702441
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Residential Construction Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Residential Construction Commission (commission) proposes to repeal 10 Texas Administrative Code §302.2 (10 TAC §302.2) regarding fees charged for public information. The proposed repeal is part of an overall plan to consolidate rules found in 10 Texas Administration Code Chapters 300, 301, and 302 as a part of an agency rule review undertaken pursuant to Texas Government Code §2001.39. In this same issue of the Texas Register, a new rule is proposed that will incorporate the current language of §302.2 with amendments to the rule language as a result of legislative changes to the authority of the Texas Building and Procurement Commission and the Office of the Attorney General passed during the 79th Regular Session of the Texas Legislature and commission's enabling Act passed during the 80th Regular Session of the Texas Legislature.
Ms. Susan Durso, General Counsel for the commission, has determined that for each year of the first five year period that the repeal 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.
Ms. Durso has also determined that for the first five years the repeal is in effect the public will benefit from having all rules related to agency administration consolidated into a single chapter of the Administrative Code. There will be no effect on individuals, or large, small or micro businesses as a result of the repeal because the rule language is being moved to another administrative rule chapter and the legislative changes reflect the current practices of the commission and the new duties of the Office of the Attorney General.
Ms. Durso has also determined that for each year of the first five-year period the repeal is in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under the Administrative Procedure Act, §2001.022.
Comments on the proposed repeal 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 should include any comments on the agency rule review plan to consolidate agency administrative rules into a single chapter of the Texas Administrative Code and to determine whether this rule is still needed. Comments may also be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Public Information Fee Rule Repeal" in the subject line. The deadline for submission of comments is thirty (30) days from the date of publication of the proposed repeal in the Texas Register. Comments should be organized in a manner consistent with the organization of the rule under consideration.
The repeal 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; Government Code Chapter 552, which determines the fees that at agency can charge for responding to requests for public information and Government Code §2001.39, requiring periodic agency review of rules.
No other statutes, articles, or codes are affected by this section.
§302.2.Fees for Public Information.
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, 2007.
TRD-200702443
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Proposed date of adoption: August 8, 2007
For further information, please call: (512) 463-2886