Texas Register, Volume 34, Number 26, Pages 4231-4380, June 26, 2009 Page: 4,331
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William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: July 1, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-7348
SUBCHAPTER I. CONTESTED CASES
16 TAC 60.300 - 60.311
The new rules are adopted as the result of a rule review con-
ducted in accordance with Texas Government Code 2001.039.
The new rules are adopted under Texas Occupations Code,
51.201 (b) and 51.203, which authorize the Commission, the
Department's governing body, to adopt rules as necessary to
implement Chapter 51 and any other law establishing a program
regulated by the Department. In addition, the new rules are
adopted in accordance with Texas Occupations Code, Chapters
53 and 55; Texas Government Code, Chapters 551, 552, 2001,
2008, 2009, and 2110; and Texas Civil Practice and Remedies
Code, Chapter 154.
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 June 11, 2009.
TRD-200902362
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: July 1, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-7348
4+ 4SUBCHAPTER J.
CONTESTED CASIMEDIATION FOR
16 TAC 60.400 - 60.409
The new rules are adopted as the result of a rule review con-
ducted in accordance with Texas Government Code 2001.039.
The new rules are adopted under Texas Occupations Code,
51.201 (b) and 51.203, which authorize the Commission, the
Department's governing body, to adopt rules as necessary to
implement Chapter 51 and any other law establishing a program
regulated by the Department. In addition, the new rules are
adopted in accordance with Texas Occupations Code, Chapters
53 and 55; Texas Government Code, Chapters 551, 552, 2001,
2008, 2009, and 2110; and Texas Civil Practice and Remedies
Code, Chapter 154.
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 June 11, 2009.
TRD-200902363William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: July 1, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 463-7348
CHAPTER 81. RENTAL PURCHASE
AGREEMENTS
16 TAC 81.1, 81.10, 81.21, 81.70, 81.80, 81.90
The Texas Commission of Licensing and Regulation ("Com-
mission") adopts new rules at 16 Texas Administrative Code,
("TAC") Chapter 81, 81.1, 81.10, 81.21, 81.70, 81.80, and
81.90 regarding rental-purchase agreements, without changes
to the proposed text as published in the March 27, 2009, issue
of the Texas Register (34 TexReg 2070) and will not be repub-
lished. The adoption takes effect July 1, 2009.
The former rules at 16 TAC Chapter 58 implemented the current
statutory requirements under Texas Business and Commerce
Code, Chapter 35, Subchapter F. As the result of a rule re-
view conducted in accordance with Texas Government Code
2001.039 (see the October 19, 2007, issue of the Texas
Register (32 TexReg 7511)) and House Bill 2278, passed by
the 80th Legislature, which recodified the Texas Business and
Commerce Code, Chapter 35, Subchapter F, to Texas Business
and Commerce Code, Chapter 92, effective April 1, 2009, the
Department proposed that the former rules be repealed and
replaced with new 16 TAC Chapter 81. New Chapter 81 is
adopted in conjunction with the repeal of former rules at 16 TAC
Chapter 58, which are published in the Adopted Rules section
of this issue of the Texas Register.
The Department determined that the new rules are necessary
to update statutory citations, clarify statutory and administrative
rule requirements, and reflect current Department procedures.
There are no substantive changes to the rules.
The proposed new rules were published in the Texas Registeron
March 27, 2009, for a 30-day public comment period. The De-
partment received one comment letter in support of the new rules
from the Texas Association of Rental Agencies, Inc. (TARA), a
non-profit trade association of rent-to-own dealers.
The new rules are adopted as the result of a rule review con-
ducted in accordance with Texas Government Code 2001.039.
The new rules are adopted under Texas Occupations Code,
51.201 (b) and 51.203, which authorize the Commission, the
Department's governing body, to adopt rules as necessary to
implement Chapter 51 and any other law establishing a program
regulated by the Department. In addition, the new rules are
adopted in accordance with Texas Business and Commerce
Code, Chapter 35, Subchapter F.
The statutory provisions affected by the new rules are those
set forth in Texas Occupations Code, Chapter 51, the Commis-
sion's and Department's enabling statute and pursuant to House
Bill 2278, passed by the 80th Legislature, which recodified the
Texas Business and Commerce Code, Chapter 35, Subchapter
F, to Texas Business and Commerce Code, Chapter 92, effective
April 1, 2009. No other statutes, articles, or codes are affected
by the adoption.June 26, 2009 34 TexReg 4331
ADOPTED RULES
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Texas. Secretary of State. Texas Register, Volume 34, Number 26, Pages 4231-4380, June 26, 2009, periodical, June 26, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90858/m1/99/?q=%222009%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.