Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 534GENERAL ADMINISTRATION
RULE §534.2Processing Fees for Dishonored Payments [Checks]
ISSUE 11/14/2008
ACTION Proposed
Preamble Texas Admin Code Rule
(a)If a payment [check drawn] 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 [check]. The commission shall notify the drawer or endorser of the fee by sending a request for payment of the dishonored check 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) [Civil Statutes, Article 6573a, §15(a)(4) ], against a licensee who has within a reasonable time failed to make good a payment [check] issued to the commission.

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 28, 2008

TRD-200805687

Loretta R. DeHay

Assistant Administrator and General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: December 14, 2008

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

 

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