Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 539RULES RELATING TO THE RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER OADMINISTRATIVE PENALTIES
RULE §539.140Schedule of Administrative Penalties
ISSUE 06/12/2020
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The administrative penalties set forth in this section take into consideration all of the criteria listed in §1303.355(c) of the Act.

(b)An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Texas Occupations and Administrative Codes:

  (1)22 TAC §539.91(b);

  (2)§1303.352(a)(1);

  (3)§1303.352(a)(7);

  (4)22 TAC §539.64;

  (5)22 TAC §539.65;

  (6)22 TAC §539.66; and

  (7)22 TAC §539.82.

(c)An administrative penalty range of $500 - $5,000 per violation per day may be assessed for the following violations of the Texas Occupations and Administrative Codes:

  (1)§1303.052

  (2)§1303.101;

  (3)§1303.151;

  (4)§1303.153;

  (5)§1303.352(a)(2) - (6);

  (6)§1303.202(a);

  (7)§1303.202(b);

  (8)§1303.052; and

  (9)22 TAC §539.81.

(d)The Commission may assess an additional administrative penalty of up to two times that assessed under subsections (b) and (c) of this section if the residential service company has a history of previous violations.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 27, 2020

TRD-202002186

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: June 16, 2020

Proposal publication date: February 28, 2020

For further information, please call: (512) 936-3284



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