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Texas Register Preamble


The Texas Real Estate Commission (TREC) proposes amendments to §543.1, concerning timeshare registration, §543.2, concerning registration amendments, §543.3, concerning fees, a registration, §543.4, concerning forms, §543.5, concerning violations, and §546.6, concerning hearings.

These amendments are proposed in connection with TREC's on-going review of its rules. The amendments are intended to bring the sections into conformity with the language used in other TREC rules, up-date statutory citations, and adopt by reference revised forms to be used by timeshare developers when registering a timeshare property or amending a registration.

The amendments to §543.1 and §543.2 restate the sections language that is used in other TREC rule and up-dates a citation to the Texas Administrative Procedures Act, Texas Government Code, §2001. The amendment to §543.3 clarifies that fees may also be paid in the form of a check, not only by a cashier's check or money order. The amendment to §543.4 adopts by reference revised application forms for the registration and amendment of registration of a timeshare property. The forms have been revised to eliminate unnecessary questions, determine that limited liability companies are permitted to engage in business in Texas, and rearrange the order of the information provided by the timeshare developer. The amendments to §543.5 and §543.6 make the language used consistent with the language used in other TREC rules and up-dates statutory citations to the Texas Timeshare Act and the Texas Administrative Code.

Mark A. Moseley, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Mr. Moseley also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be the use of consistent language and current statutory citations in the rules affecting the agency's licensees and registrants. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Government Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act. The statute which is affected by this proposal is The Texas Government Code, Chapter 221.



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