: Texas Register

Texas Register

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 539	RULES RELATING TO THE RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER O	ADMINISTRATIVE PENALTIES
RULE §539.140	Schedule of Administrative Penalties
ISSUE	02/28/2020
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 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) [~~§539.137(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 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 13, 2020

TRD-202000606

Chelsea Buchholtz

Executive Director

Texas Real Estate Commission

Earliest possible date of adoption: March 29, 2020

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

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