PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 80. PROFESSIONAL CONDUCT
The Texas Board of Chiropractic Examiners (Board) adopts new §80.11, concerning a Code of Ethics. The new rule is adopted to address a gap in the Board's rules by codifying a standard of ethics and professional responsibility. The rule is modeled on the Code of Ethics of the American Chiropractic Association.
The rule is adopted with changes to the proposed text as published in the October 3, 2008, issue of the Texas Register (33 TexReg 8278).
The Board received one comment on the rule from an individual.
The commenter asked whether §80.11(a) might limit a patient's ability to complain after they have signed an informed consent. The Board does not read this rule that way. This rule would only require that a licensee employ their best good faith effort to provide a patient with information and attempt to see that a patient understands a proposed chiropractic treatment. No change was made in response to this comment.
The commenter asked whether §80.11(a) could be construed to bind the patient financially to have consented to all services provided. This rule would not apply to financial commitments. The Board would assume that a licensee would have already discussed financial commitments prior to discussing a proposed treatment. No change was made in response to this comment.
The Board did make one non-substantive and editorial change to §80.11(a), changing it to read "informed choice with regard to proposed chiropractic treatment" as opposed to "in regard."
The commenter asked whether §80.11(b) would impose a dangerous and time-consuming burden on licensees by potentially requiring that they consult with every other health care provider seen by a patient where there might be some relationship between the treatment provided by the licensee and the health care services from another provider. The commenter also suggested that it would be better to give licensees some discretion as to when such consultations are warranted. The Board disagrees that the rule as proposed would have imposed a burden as described by the commenter. However, the Board does agree with the comment that licensees should be allowed more discretion regarding such consultations. In response to these comments, the Board has modified the rule to make it a more narrow recommendation rather than a mandatory requirement. The revised rule reads as follows: "Licensees should willingly seek consultation with other health care professionals when such consultation would benefit their patients and when such consultation is considered to be appropriate."
The commenter also asked whether, in a situation where a patient requests the consultation described under §80.11(b), a licensee would have an absolute duty to perform the consultation. Yes, under the rule as proposed, a licensee would be expected to make a good faith effort at consultation when requested by a patient. However, as discussed above the Board has modified the rule to allow licensees more discretion. No further change was made in response to this comment.
The commenter asked whether §80.11(c) would require that a licensee have a staff member of the same sex as the patient in the exam room. This rule requires only that a licensee not deny treatment as a result of discrimination. It does not establish rules on how treatment should be provided. No change was made in response to this comment.
The commenter also asked whether, under §80.11(c), a licensee could potentially be subject to a gender discrimination complaint if they denied treatment to a female patient because they did not have a female staff person who could observe the treatment. Where there is a reason to have female staff present for the treatment of female patients, such as an order from the Board or clinic policy, then denying treatment at time when female staff cannot be present would not be a basis for a discrimination claim. No change was made in response to this comment.
The commenter suggested that §80.11(d) is overly broad and does not clarify what is expected or required of a doctor. The Board disagrees. This rule sets the expectation that licensees should recognize their responsibility to promote public health. No change was made in response to this comment.
The commenter also suggested that §80.11(d) should describe the type of collaboration/cooperation that would be required. This rule sets the general expectation that licensees should recognize their responsibility to promote public health. The Board does not see that it is necessary to describe how a licensee might collaborate or cooperate with others in the promotion of public health. No change was made in response to this comment.
The commenter also suggested that the mandate for collaboration under §80.11(d) could increase health care costs. This rule addresses a licensee's responsibilities to the profession and the community rather than for patient care. In the absence of more specific information as to how this rule could potentially increase costs, the Board does not see how it could affect the health care costs for patients. No change was made in response to this comment.
The commenter suggested that the language of proposed §80.11(e) is unconstitutionally vague in that it fails to adequately define the conduct that might give the appearance of professional impropriety or might be deemed to cause a detriment to the profession; specific criteria is needed. Upon further reflection, the Board agrees with this comment. The Board has rules that prohibit specific unprofessional conduct, such as the conduct described under §75.1 of this title, relating to grossly unprofessional conduct. Proposed §80.11(e) has been deleted in response to this comment.
The commenter suggested that §80.11(f) is vague as to what it requires of a licensee or what obligations it imposes. The purpose of this rule is to call attention to the responsibility of licensees to assist in the advancement of chiropractic in Texas through the education and training of others. No change was made in response to this comment.
This new rule is adopted under Texas Occupations Code §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
No other statutes, articles, or codes are affected by the adopted rule.
§80.11.Code of Ethics.
(a) Licensees shall employ their best good faith efforts to provide information and facilitate understanding to enable the patient to make an informed choice with regard to proposed chiropractic treatment. Licensees shall allow the patient to make his or her own determination on such treatment.
(b) Licensees should willingly seek consultation with other health care professionals when such consultation would benefit their patients and when such consultation is considered appropriate.
(c) Licensees shall not discriminate as to which patients they choose to serve on the basis of race, religion, ethnicity, nationality, creed, gender, handicap or sexual preference.
(d) Licensees shall conduct themselves as members of a learned profession and as members of the greater healthcare community dedicated to the promotion of health, the prevention of illness and the alleviation of suffering. As such, licensees should collaborate and cooperate with other health care professionals to protect and enhance the health of the public with the goals of reducing morbidity, increasing functional capacity, increasing the longevity of the U.S. population and reducing health care costs.
(e) Licensees shall recognize their obligation to help others acquire knowledge and skill in the practice of the profession. They shall maintain the highest standards of scholarship, education and training in the accurate and full dissemination of information and ideas.
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 December 19, 2008.
TRD-200806624
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: January 8, 2009
Proposal publication date: October 3, 2008
For further information, please call: (512) 305-6901
CHAPTER 534. GENERAL ADMINISTRATION
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §534.2, concerning Processing Fees for Dishonored Payments, with one change to the published text as proposed in the November 14, 2008, issue of the Texas Register (33 TexReg 9194).
The change from the amendments as proposed is as follows: the remaining reference to a "check" in the second sentence of subsection (a) is changed to read "payment." The revision to the rule as adopted does not change the nature or scope so much that it could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed rule and does not materially alter the issues raised in the proposed rule. The change reflects a non-substantive variation from the proposed rule to clarify its intent and to improve readability.
The amendments to §534.2 change the title to the section and amend the rule to clarify that the processing fee for dishonored payments does not only apply only to dishonored checks but to any other types of dishonored payments such as a charge back to a credit card.
The reasoned justification for the amendments is consistency with how the agency treats dishonored payments of all kinds whether they are dishonored checks or credit card charge backs.
The Commission received one comment on the proposed amendment, as follows.
Comment: One commenter suggested changing the remaining reference to a "check" to say "payment," consistent with the other proposed changes to the rule.
Response: In response to the comment, the Commission changed "check" to "payment" in the second sentence.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
The statutes affected by the adoption of the amendments are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the adoption of the amendments.
§534.2.Processing Fees for Dishonored Payments.
(a) If a payment to the commission is dishonored by a payor, the commission shall charge a fee of $25 to the drawer or endorser for processing the dishonored payment. The commission shall notify the drawer or endorser of the fee by sending a request for payment of the dishonored payment and the processing fee by certified mail to the last known business address of the person as shown in the records of the commission. If the commission has sent a request for payment in accordance with the provisions of this section, the failure of the drawer or endorser to pay the processing fee within 15 days after the commission has mailed the request is a violation of this section.
(b) Collection of the fee imposed under this section does not preclude the commission from proceeding under Texas Occupations Code, §1101.652(a)(4), against a licensee who has within a reasonable time failed to make good a payment issued to the commission.
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 December 18, 2008.
TRD-200806557
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: January 7, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
SUBCHAPTER E. REQUIREMENTS FOR LICENSURE
The Texas Real Estate Commission (TREC) adopts amendments to §535.51, concerning General Requirements, and adopts by reference ten revised application forms without changes to the proposed text as published in the November 14, 2008, issue of the Texas Register (33 TexReg 9194) and will not be republished. The amendments adopt by reference the ten revised forms to clarify and, when possible, simplify certain licensure requirements for applicants and renewing licensees. All ten forms revise the language of the question regarding the criminal background of the applicant, designated manager, or designated officer to clarify that deferred adjudication must be disclosed to the Commission. Form BLC-6, Application for a Real Estate Broker License by a Corporation, is also updated to reflect current terminology regarding corporate records as amended by the Texas Business Organizations Code. Form BLR-9, Application for Late Renewal of a Real Estate Broker License, is also updated to simplify the fee structure by eliminating a separate category of fees for expired licensees who are applying for late renewal after the license expired under a previous fee structure. Form BLRC-6, Application for Late Renewal of Real Estate Broker License by a Corporation, is also updated both to incorporate the corporate terminology changes of form BLC-6 and to eliminate the separate category of fees as in form BLR-9. Form SLR-10, Application for Late Renewal of Real Estate Salesperson License, is also updated to eliminate the separate category of fees as in form BLR-9. Form BLLLC-6, Application for Real Estate Broker License by a Limited Liability Company, is also updated to reflect current terminology regarding records of limited liability companies as amended by the Texas Business Organizations Code. Form BLRLLC-6, Application for Late Renewal of a Real Estate Broker License by a Limited Liability Company, is also updated both to incorporate the limited liability company terminology changes of form BLLLC-6 and to eliminate the separate category of fees as in form BLR-9.
The reasoned justification for the rule as adopted is greater clarity for applicants and renewing licensees regarding the fees, required documentation, and questions relating to honesty, integrity, and trustworthiness.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees and certificate holders in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this adoption are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.
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 December 18, 2008.
TRD-200806558
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: January 7, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.52, concerning Individuals, without changes to the published text as proposed in the November 14, 2008, issue of the Texas Register (33 TexReg 9195) and will not be republished.
The amendments to §535.52 clarify the conduct that the commission believes tends to demonstrate that an applicant for a license or registration with the commission does not meet the requisite honesty, trustworthiness, and integrity required by Texas Occupations Code Chapters 1101 and 1102.
The reasoned justification for the amendments is consistent application of statutory requirements for application for a license or registration filed with the commission.
No comments were received on the amendment as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
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 December 18, 2008.
TRD-200806559
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: January 7, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) adopts amendments to §535.400, concerning Registration of Easement or Right-of-Way Agents, and adopts by reference two revised application forms. Section 535.400 is adopted without changes to the proposed text as published in the November 14, 2008, issue of the Texas Register (33 TexReg 9196) but with changes to one of the forms submitted to the Texas Register; therefore, the text of the rule will be republished. Form ERW 1-3, Application For Easement Or Right-of-Way Agent Registration For An Individual, has been changed from the proposed form to reflect the correction of three typos and the updated acronym and address for the Texas Guaranteed Student Loan Corporation. The revisions to the form as adopted does not change the nature or scope so much that it could be deemed a different form. The form as adopted does not affect individuals other than those contemplated by the form as proposed. The form as adopted does not impose more onerous requirements than the proposed version and does not materially alter the issues raised in the proposed form. Changes in the adopted form reflects non-substantive variations from the proposed form to clarify the intent and improve style and readability.
The amendments are adopted to clarify certain licensure requirements for applicants. Both forms revise the language of the question regarding the criminal background of the applicant, designated manager, or designated officer to clarify that deferred adjudication must be disclosed to the Commission. Form ERW 2-3, Application For Easement Or Right-of-Way Agent Registration For A Business, is also updated to reflect current terminology regarding corporate records as amended by the Texas Business Organizations Code.
The reasoned justification for the rule as adopted is greater clarity for applicants regarding required fees and supporting documentation.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees and certificate holders in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statute affected by the adopted amendments is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the adopted amendments.
§535.400.Registration of Easement or Right-of-Way Agents.
(a) The Texas Real Estate Commission adopts by reference the following forms approved by the Texas Real Estate Commission in 2000. These forms are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
(1) ERW 1-3, Application For Easement Or Right-of-Way Agent Registration For An Individual; and
(2) ERW 2-3, Application For Easement Or Right-of-Way Agent Registration For A Business.
(b) An individual desiring to be registered by the commission as an easement or right-of-way agent must file form ERW 1-3 with the commission. If the applicant is a business, the applicant must file form ERW 2-3. All applicants must submit the applicable fees set forth in The Real Estate License Act, Texas Occupations Code, Chapter 1101, (the Act). The commission will not accept an application which has been submitted without the correct filing fees or which has been submitted in pencil. A person also may apply for registration by accessing the commission's Internet web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. If the person is an individual, the person must provide the commission with the person's photograph and signature prior to issuance of a registration certificate. The person may provide the photograph and signature prior to the submission of an electronic application. If the applicant does not complete the application process as required by this subsection, the commission shall terminate the application.
(c) After the commission has accepted an application for filing, the commission shall process the application and promptly issue a certificate of registration, request any information required to complete the registration, or advise the applicant that the application has been terminated or disapproved, as the case may be.
(d) The commission shall assign a registration number to each registrant and shall provide each registrant with a certificate of registration. Each registration issued by the commission is valid until the last day of the month one year from the day the registration was issued. Each registrant shall display the certificate of registration issued by the commission in a prominent location in the registrant's place of business, as required by the Act, §1101.507. If the registrant maintains more than one place of business, the registrant shall display either the certificate or a copy of the certificate in each place of business.
(e) The commission may terminate an application with written notice to the applicant for failure to submit information or documentation within 60 days after the commission makes written request for the information or documentation.
(f) The commission may disapprove an application for registration with written notice to the applicant if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title (relating to Criminal Offense Guidelines) or the applicant has engaged in conduct prohibited by the Act. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, §1101.364, an applicant whose application for registration has been disapproved is entitled to a hearing. The hearing on the application will be conducted in accordance with the provisions of the Act, §1101.364, and Chapter 533 of this title (relating to Practice and Procedure).
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 December 18, 2008.
TRD-200806562
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: January 7, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) adopts new §537.51, concerning Standard Contract Form TREC No. 44-0, and new §537.52, concerning Standard Contract Form TREC No. 45-0, without changes to the proposed text as published in the November 14, 2008, issue of the Texas Register (33 TexReg 9197) but with changes to the forms as submitted to the Texas Register; therefore, the text of the rules will be republished.
New §537.51 adopts by reference a new TREC addendum for reservation of oil, gas, and other minerals. The addendum would be used in situations where a seller in a real estate transaction wishes to reserve all or an identified percentage interest in the mineral estate owned by the seller, as defined in the addendum.
New §537.52 adopts by reference a new TREC short sale addendum. The addendum would be used in transactions where the seller requires the consent of the lienholder to sell the property and the lienholder agrees to accept the seller's net proceeds in full satisfaction of seller's liability under the mortgage loan.
The changes to the forms as adopted from those that were originally proposed are detailed below and include the following: The Commission made typographical corrections to the forms adopted by reference and made other changes to the text of the forms in response to comments and further review and recommendation by staff and the Broker Lawyer Committee. A number of comments did not result in changes to the text of the forms. All comments regarding this adoption, including any not specifically referenced herein, were fully considered by the Commission and the Broker Lawyer Committee.
The revisions to the forms as adopted do not change the nature or scope so much that they could be deemed different forms. The forms as adopted do not affect individuals other than those contemplated by the forms as proposed. The forms as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed forms. Changes in the forms adopted by reference reflect non-substantive variations from the proposed rules and forms to clarify their intent and improve style and readability.
The reasoned justification for the amendments to the rules and contract forms adopted by reference is to maintain consistency, reduce controversy and misunderstanding, reduce redundancy, and address significant new issues relative to real estate contract forms.
The contract forms are published by TREC and available at the TREC web site (www.trec.state.tx.us) or at the Texas Real Estate Commission, P.O. Box 12188, 1101 Camino La Costa, Austin, Texas 78711-2188. Texas real estate licensees are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. The two new forms may be used on a voluntary basis upon adoption; licensees will be required to use the forms on a mandatory basis as of March 1, 2009. These forms are drafted by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and a public member appointed by the governor.
Drafts of the contract forms were released for comment and displayed on the TREC web site during the notice and comment period after posting in the Texas Register. Approximately 7 comments were received during the notice and comment period
The comments and Commission responses to those comments are summarized as follows.
Comment: One commenter suggested addressing the conveyance or reservation of surface substances such as sand, dirt, gravel, iron ore, lignite and coal in the mineral rights addendum.
Response: The Commission respectfully disagrees with the suggestion as the primary purpose of the addendum is to address the conveyance and reservation of the mineral estate and surface rights related thereto. If the conveyance or reservation of surface substances is at issue in a real estate transaction, licensees should advise the parties to discuss the matter with an attorney.
Comment: One commenter suggested adding another check box in paragraph B of the mineral rights addendum for situations in which the seller is conveying all of the mineral estate owned by the seller.
Response: The Commission partially agrees with the commenter and in response, has moved the note which states in part that "The Mineral Estate owned by Seller, if any, will be conveyed unless reserved" from the bottom of the addendum to the beginning of paragraph B to emphasize the statement rather than adding another checkbox.
Comment: Two commenters suggested adding a provision to the mineral rights addendum to clarify that, in situations where the seller owns only part of the mineral estate, the percentage reserved in paragraph B(2) is only a percentage of the part interest owned by the seller and not a percentage of the entire mineral estate.
Response: The Commission agrees with the commenters and added the following note at the end of paragraph B(2): If Seller does not own all of the Mineral Estate, Seller reserves only this percentage of Seller's interest.
Comment: Two commenters suggested adding another paragraph to the mineral rights addendum to address situations in which the seller may lease the mineral estate and keep the bonus after execution of the contract.
Response: The commission respectfully disagrees with the commenters as paragraph 10 of the contract promises delivery of the property at closing in its present condition.
Comment: One commenter suggested changing the phrase "provide evidence to" in the first sentence of paragraph D of the short sale addendum to "notify."
Response: The Commission agrees with the commenter and has changed the addendum as recommended.
Comment: Two commenters suggested changing paragraph F of the short sale addendum regarding the time period in which the buyer may terminate the contract under the option period in paragraph 23 of the contract.
Response: In response to the commenters, the Commission has added "under Paragraph 23" to the end of paragraph F to clarify that the unrestricted right to terminate the contract is pursuant to paragraph 23 of the contract.
Comment: One commenter suggested changing paragraph D of the short sale addendum to provide that instead of the contract terminating if the seller fails to obtain the lienholders consent before the specified date, the buyer may terminate the contract by notifying the seller, thereby putting the burden on the buyer to notify the seller that the contract is terminated rather than the contract automatically terminating under that condition.
Response: The Commission respectfully disagrees with the commenter as the buyer may easily amend the contract if in fact the buyer wishes to extend the deadline for the seller to provide evidence of the lienholder's consent.
Comment: Two commenters suggested adding the following three sentences to further clarify the existing proposed provisions of the short sale addendum: "Seller shall apply promptly for and make every reasonable effort to obtain Lienholder's Consent and Agreement, and shall furnish all information and documents required by the lienholder. Seller shall promptly notify Buyer of any lienholder's refusal to provide or withdrawal of a Lienholder's Consent and Agreement. Seller authorizes any lienholder to furnish to Buyer or Buyer's representatives information relating to the status of the request for a Lienholder's Consent and Agreement.
Response: The Commission agrees with the suggestions and added the sentence requiring the seller to promptly obtain the lienholder's consent to paragraph C. The Commission added the sentence requiring seller to promptly notify the buyer of the lienholder's refusal or withdrawal to paragraph E. The Commission added the sentence authorizing the lienholder to furnish information to the buyer as a new paragraph H and moved paragraph H of the proposed addendum to new paragraph I.
The new rules are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
The statute affected by the adoption of the new rules is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the new rules.
§537.51.Standard Contract Form TREC No. 44-0.
The Texas Real Estate Commission adopts by reference standard contract form TREC No. 44-0 approved by the Texas Real Estate Commission in 2008 for use as an addendum to be added to promulgated forms of contacts for the reservation of oil, gas, and other minerals. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us.
§537.52.Standard Contract Form TREC No. 45-0.
The Texas Real Estate Commission adopts by reference standard contract form TREC No. 45-0 approved by the Texas Real Estate Commission in 2008 for use as an addendum to be added to promulgated forms of contracts in the short sale of property. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us.
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 December 18, 2008.
TRD-200806565
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective date: March 1, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §541.1 concerning Criminal Offense Guidelines without changes to the published text as proposed in the November 14, 2008, issue of the Texas Register (33 TexReg 9197) and will not be republished.
The amendments to §541.1 clarify the types of criminal offenses that the commission believes relate to the duties and responsibilities of a real estate broker, salesperson, easement or right-of-way agent, professional inspector, real estate inspector or apprentice inspector in that the offenses tend to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness and integrity required by Texas Occupations Code Chapters 1101 and 1102.
The reasoned justification for the amendments is consistent application of criminal offense guidelines.
No comments were received on the amendment as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
The statutes affected by the adoption of the amendments are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the adoption of the amendments.
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 December 18, 2008.
TRD-200806566
Loretta R. DeHay
Assistant Administrator and General Counsel
Texas Real Estate Commission
Effective date: January 7, 2009
Proposal publication date: November 14, 2008
For further information, please call: (512) 465-3900
CHAPTER 661. GENERAL RULES OF PROCEDURES AND PRACTICES
SUBCHAPTER D. APPLICATIONS, EXAMINATIONS, AND LICENSING
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.44, concerning rejected applications. The amendment is adopted with changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9047) and will be republished.
The amendment will clarify Board policy by adding deadline dates to receipt of information lacking in rejected applications. The changes made to the published text are to correct punctuation as directed by our legal representative.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
§661.44.Rejections.
Should the board reject the application of any applicant, the fee accompanying the application will be retained by the board. If an application is rejected for any reason, the applicant will be notified by first class mail. The applicant may thereafter file with the board any further evidence or reason to support a claim for reconsideration on or before the next application deadline date (§661.41(b) of this title relating to Applications), either July 15 or January 15. It is the policy and intention of the board to give a rejected applicant every reasonable opportunity to support a claim for reconsideration and to consider such evidence as may have been omitted from or overlooked in the original application. An applicant may timely apply for a hearing pursuant to Title 2, Occupations Code, Chapter 53.
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 December 18, 2008.
TRD-200806579
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §661.45, concerning examinations. The amendment is adopted without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9048) and will not be republished.
The amendment will clarify Board policy for examination candidates that have been called to active duty by the military.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
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 December 18, 2008.
TRD-200806582
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts §661.53, concerning exemptions from penalty regarding late renewals. The new section is adopted without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9048) and will not be republished.
The new section will add language to comply with §55.002 (Exemption From Penalty for Failure to Renew License) of Occupation Code Chapter 55 (Renewal of License While on Military Duty).
No comments were received regarding adoption of this new section.
The new section is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
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 December 18, 2008.
TRD-200806584
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §664.4, concerning types of acceptable continuing education. The amendment is adopted without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9049) and will not be republished
The amendment will clarify Board policy regarding authorship of technical papers in professional land surveying publications.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
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 December 18, 2008.
TRD-200806580
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts an amendment to §664.7, concerning determining the number of credit hours for continuing education. The amendment is adopted without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9409) and will not be republished.
The amendment will clarify the number of hours a registrant may earn for authorship of a technical paper in an approved professional land surveying publication.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
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 December 18, 2008.
TRD-200806581
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263
The Texas Board of Professional Land Surveying (TBPLS) adopts new §664.13, concerning exemptions from the requirements to obtain continuing education. The new section is adopted with changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9050) and will be republished.
The new section will add language to comply with §55.003 (Extension of Certain Deadlines for Active Duty Military Personnel) of Occupation Code Chapter 55 (Renewal of License While on Military Duty). The only change made to the proposal was a punctuation correction that our legal counsel requested be made.
No comments were received regarding adoption of this section.
The new section is adopted pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
§664.13.Exemptions.
A Registrant may be exempt from the professional development educational requirements for one of the following reasons:
(1) New Registrant by way of examination shall be exempt for their first renewal period.
(2) A license holder serving on active duty and deployed outside Texas in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year.
(3) Registrants who list their status as "Inactive."
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 December 18, 2008.
TRD-200806583
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 239-5263