: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 539	PROVISIONS OF THE RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER O	ADMINISTRATIVE PENALTIES
RULE §539.140	Schedule of Administrative Penalties
ISSUE	10/26/2007
ACTION	Proposed

Preamble

No Rule Available

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

(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 §539.137(b);

(2)§1303.202(a);

(3)§1303.202(b);

(4)§1303.052; and

(5)§1303.352(a)(1).

(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)§1303.101;

(2)§1303.151;

(3)22 TAC §539.81;

(4)§1303.153;

(5)§1303.352(a)(2);

(6)§1303.352(a)(3); and

(7)§1303.352(6).

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

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 October 15, 2007

TRD-200704870

Loretta R. DeHay

General Counsel and Assistant Administrator

Texas Real Estate Commission

Earliest possible date of adoption: November 25, 2007

For further information, please call: (512) 465-3900

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