(a)If a payment to the Commission [commission ] is dishonored by a bank or depository for insufficient funds [payor], the Commission [commission ] shall charge the fee to the drawer or endorser for processing the dishonored payment required by §535.101(b)(23) of this title (relating to Fees). The Commission [commission] shall notify the drawer or endorser of the fee by sending a request for payment of the dishonored payment and the processing fee by certified mail to the last known mailing address of the person as shown in the records of the Commission [commission]. If the Commission [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 [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 [commission] from proceeding under Texas Occupations Code, §1101.652(a)(4), against a license holder [licensee] who has [within a reasonable time] failed to make good a payment issued to the Commission within a reasonable time [commission ].
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the
state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on February 18, 2014
TRD-201400731 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 6, 2014
For further information, please call: (512) 936-3092
|