Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,824
7777-8060 p. ; 28 cm.View a full description of this periodical.
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Filed with the Office of the Secretary of State on October 22,
2007.
TRD-200705042
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: December 2, 2007
For further information, please call: (512) 463-2886
CHAPTER 305. PRACTICE AND
PROCEDURES FOR HEARINGS AND
DISCIPLINARY ACTIONS
SUBCHAPTER A. GENERAL PROVISIONS
10 TAC 305.10
The Texas Residential Construction Commission ("commission")
proposes new 305.10 regarding a person's false statement,
misrepresentation, or refusal to provide information to the com-
mission. The new rule implements the provisions of House Bill
1168 of the 80th Texas Legislature, which applies to all licensing
agencies. Under House Bill 1168, a "license" means a license,
certificate, registration, permit, or other authorization. The com-
mission issues registrations and certificates that fall within the
scope of House Bill 1168. Accordingly, the new rule implements
House Bill 1168 for the commission's regulatory purposes.
The new rule provides that a person commits a violation if the
person makes a false statement in connection with applying for
or renewing a registration or certification with the commission;
makes a material misrepresentation to the commission, includ-
ing a material omission of information, in connection with apply-
ing for or renewing the registration or certification; fails or refuses
to provide information requested by the commission; or fails or
refuses to provide all of the person's criminal history information
in response to the commission's request for the information. The
new rule defines a request by the commission to include an ap-
plication form, letter, e-mail, facsimile transmission, or other form
of communication.
If a person violates the new rule, the commission could deny the
person's application for registration or certification and may sus-
pend or revoke the person's registration or certification, within
the confines of the commission's authority under Title 16 of the
Property Code. A person subject to the new section would be
entitled to the same administrative procedures that govern other
denials, suspensions, and revocations by the commission.
The new rule will aid the commission in obtaining complete and
accurate information in its application process for persons who
wish to become registered and certified as a builder, a des-
ignated agent for a builder, a third-party inspector, or arbitra-
tor. It will permit the commission to better protect the public
by making sure that all applicants are truthful in their applica-
tions and provide full information regarding their criminal back-
grounds. The new rule also will aid the commission's complaint
resolution process, by requiring timely responses from regis-
tered builders to complaints filed against them by homeowners
and other persons.
Susan Durso, General Counsel, has determined that for each
year of the first five-year period that the new section is in effectthere will be no fiscal implications for state or local governments
as a result of enforcing or administering the proposed section.
Ms. Durso has also determined that for each year of the first
five-year period the proposed section is in effect the public will
benefit from more complete, accurate, and truthful applications
for registration and certification being filed with the commission
and by greater responsiveness to the commission's complaint
resolution process.
Ms. Durso has also determined that for each year of the first
five-year period the proposed section is in effect there will be
no significant effect on individuals or large, small, and micro-
businesses as a result of the adoption of the new rule.
Ms. Durso has also determined that for each year of the first
five-year period the proposed section is in effect there should
be no effect on a local economy; therefore, no local employment
impact statement is required under Administrative Procedure Act
2001.022.
Ms. Durso has also determined that for each year of the first
five year period the proposed section is in effect there will be
no adverse economic effect on small businesses. Therefore, no
regulatory flexibility analysis is necessary.
Interested persons may submit written comments (12 copies) on
the proposed rule to Susan K. Durso, General Counsel, Texas
Residential Construction Commission, P.O. Box 13509, Austin,
Texas 78711. The deadline for submission of comments is 30
days from the date of publication of the proposed section in the
Texas Register. Comments received after that date will not be
considered. Comments should be organized in a manner con-
sistent with the organization of the new rule. Comments may
be submitted electronically to comments@trcc.state.tx.us. For
comments submitted electronically, please include "False State-
ments" in the subject line. Comments submitted electronically
that are sent to a different address or that do not have "False
Statements" in the subject line may not be considered.
The new rule is proposed under Property Code 408.001, which
provides general authority for the commission to adopt rules nec-
essary for the implementation of Title 16 of the Property Code,
Property Code Chapters 418 and 419, and legislative revisions
to Government Code Chapter 2005, which establish the new
statutory authority for denial, suspension, or revocation for false
statements, misrepresentation, or refusal to provide information
to licensing agencies.
No other statutes, articles, or codes are affected by the proposal.
305.10. False Statements, Misrepresentations, or Refusal to Provide
Information.
(a) A person commits a violation of this section if the person:
(1) makes a false statement in connection with applying for
or renewing a registration or certification with the commission;
(2) makes a material misrepresentation to the commission,
including a material omission of information, in connection with ap-
plying for or renewing the registration or certification;
(3) fails or refuses to provide information requested by the
commission; or
(4) fails or refuses to provide all of the person's criminal
history information in response to the commission's request for the in-
formation.32 TexReg 7824 November 2, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/46/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.