Did you say you had a claim?
Tue 8/31/2021 8:15 AM
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Sec. 1001.107. PER DIEM. Each board member, other than the commissioner of the General Land Office, is entitled to receive a per diem as set by the General Appropriations Act for each day that the member engages in the business of the board.
From p. 66 (See 1001.066):
“…The revised law substitutes “reimbursement” for “compensation” because, in reference to payment of a board member’s travel cost, the terms have the same meaning, and the former is more commonly used.”
“…In 1991, the legislature enacted Section 403.094, Government Code, now repealed, under which many funds were merged into the general revenue fund in 1993 and many funds, accounts and dedications of revenue were abolished on Sept. 1, 1995. The revised law omits part of Section 5 referring to the professional engineers’ fund because that fund ceased to exist as a result of actions taken under the former Government Code provision. The former law read:…”
What DOES Sec. 1001.006 say?
Sec. 1001.066. CERTAIN NASA-RELATED ACTIVITIES. This chapter does not:
(1) apply to a business entity or the business entity's employees to the extent that the entity's products or services consist of space vehicles or space services provided to, or space technology transfer programs required by, the National Aeronautics and Space Administration; or
(2) prohibit the use of the term "engineer" or "engineering" in a job title or personnel classification by an employee described by Subdivision (1) to the extent that the use of the title or classification is related to activities described by that subdivision.
The University of Chicago did NOT have an engineering department. It DID have a theoretical and applied physics department. The school itself did not begin to accept students for the 1995 academic year regarding Class of 1999 until after Oct. 1, 1995, but by that time I had already been onsite as a resident of the International House, which did house graduate students from other countries, and worked at the official book store for the university for the summer prior to commencing college. It was BEFORE Sept. 1, 1995 that I refused to commit to being the “secretary” for who I understood would have been my academic advisor were I to have chosen physics as my major. My diploma was dispossessed of me by Oct. 1, 1995. I also did, what, “tech” work in lighting and sound for the college theater group before Sept. 1, 1995.
I understand that the instructor for my “college course” at Northern Virginia Community College that was attended ABOARD Quantico Marine Base in evening sessions was also active duty with the Army Corps of Engineers.
Did they “absorb me into the general fund” and then “abolish” the specific fund by Sept. 1, 1995?
So, what, I was supposed to do what instead?
What about those “scholarships” by Chase Bank for the “petroleum” sector in 1986?
So, by the year-and-a-day standard, what would have been my ten-year contribution?
Was it an option for a Marine Corps veteran who also happened to be a Congressman?
For, cocaine?
Transported in coolers labelled “vaccines?”
There is more…much more.
This is enough.
For now.
8:15 pm CST
Aug. 31, 2021
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Tue 8/31/2021 8:16 AM
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“You are not worth it.”
Sec. 1001.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board by rule shall prescribe standards for compliance with Subchapter A, Chapter 2254, Government Code.
(b) Except as provided by Subsection (a), the board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices.
(c) In its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of the person's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the person; or
(4) restricts the person's advertisement under a trade name.
See Air Trans World v. Morales – the full version.
8:16 am CST
Aug. 31, 2021
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Tue 8/31/2021 8:21 AM
Ah, emerging technology of the (Charity) Central Counter Party SWAP:
Sec. 1001.2035. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules and guidelines as necessary to comply with Chapter 53.
And Chapter 53?
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does not apply to:
(1) the Supreme Court of Texas, a person licensed under the court's authority on behalf of the judicial department of government, or an applicant for a license issued under the court's authority on behalf of the judicial department of government;
(2) a person licensed or an applicant for a license under Chapter 1701;
(3) an applicant for certification as emergency medical services personnel under Chapter 773, Health and Safety Code; or
(4) a person who:
(A) is licensed by the Texas Medical Board, the Texas State Board of Pharmacy, the State Board of Dental Examiners, or the State Board of Veterinary Medical Examiners; and
(B) has been convicted of a felony under Chapter 481 or 483 or Section 485.033, Health and Safety Code.
With:
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1149 (H.B. 2845), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 754 (H.B. 1402), Sec. 1, eff. September 1, 2011.
But “consequences” under Engineering:
Added by Acts 2003, 78th Leg., ch. 1168, Sec. 14, eff. Sept. 1, 2003.
What would be an analysis of specific sorts of increases in acts of police brutality reported that result in fatalities between police and people of African-American descent since the case involving the accusations that then Attorney General John Cornyn engaged in specific racial profiling when it came to criminal convictions in Texas?
What timeframe would that have with the implementation of the standards associated with the Engineering license code?
You know…because I never paid for my “long distance phone calls” to “Africa” from the summer of 1995?
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Tue 8/31/2021 8:27 AM
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Was it retaliation?
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 3, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.27, eff. September 1, 2019.
What was added on Sept. 1, 2019?
Sec. 1001.252. GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules that permit the board to receive and investigate a confidential complaint against a person who may have violated this chapter or Chapter 1071. The board shall maintain the confidentiality of the complaint during the investigation.
Hmm…What is 1071 that was added?
Sec. 1071.001. SHORT TITLE. This chapter may be cited as the Professional Land Surveying Practices Act.
Let me just say, that after finding what I did about the Texas Senate and BRAC from 2007, and after what was exposed as a result of the response by the State of Texas to MY investigation and reporting efforts concerning the vents of 2017, this is…not available to be smoothed out.
This shows premeditation – protracted premeditation.
It also makes those changes to the Office of Comptroller of Currency reports regarding a) rates of amortization on mortgages that were set to come out of the period for their repayment of principal versus interest and b) the short-term loans taken out by the gas and oil sector. How that was reflected in the later Semi-Annual Risk perspective regarding “distressed assets” would mean what about “land surveying practices?”
This also brings up my arguments regarding the Unconstitutionality of SB 89 and the misrepresentation of “support for Israel” as being about violations of the Constitution of Texas regarding “religious tests” and “privileging of sects.”
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Tue 8/31/2021 8:29 AM
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Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless:
(1) the engineering plans, specifications, and estimates have been prepared by an engineer; and
(2) the engineering construction is to be performed under the direct supervision of an engineer.
That means that EVERYTHING done during Hurricane Harvey had to be approved in regards to presentation of formal engineering plans. Those plans, insofar as they would have to do with “public health” would have to be kept in the office of the place that was responsible for authorizing them for at least seven years.
They can be subpoenaed today.
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Tue 8/31/2021 8:31 AM
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Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2025.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 4.01, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.07, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 31 (H.B. 1311), Sec. 1, eff. September 1, 2019.
Where is the closeout report and Sunset Review report for Sept. 1, 2015?
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Tue 8/31/2021 8:33 AM
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Sec. 1002.160. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENTS EXIST. The board shall maintain a list of each state or foreign country in which the requirements and qualifications for licensure or registration are comparable to those established in this state and with which a reciprocity agreement exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Where is this now?
Did those countries agree to SWAP or proxies?
Where is the formal written agreement?
I will check on laws changed in or around 2016, which would have been after the 2015 review period for this commission.
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Tue 8/31/2021 8:35 AM
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Sec. 1002.258. TEMPORARY LICENSE. (a) The board may issue a temporary license to a person who:
(1) is not a resident of this state and does not have an established place of business in this state but who seeks to engage in the public practice of geoscience in this state for a temporary period; or
(2) applies for a reciprocal license and seeks to engage in the public practice of geoscience pending a determination on the application for the reciprocal license.
(b) An applicant for a temporary license must:
(1) apply to the board for a temporary license, provide proof of licensure or registration in another state or a foreign country and pay the required fees;
(2) agree to comply with the signature requirements of Section 1002.263(b) and to affix the person's seal from the jurisdiction in which the person is licensed or registered on all work completed while practicing under the temporary license; and
(3) file the required information and reports and comply with other requirements established by the board concerning the person's temporary practice.
(c) A temporary license issued under Subsection (a)(1) expires on the 90th day after the date of issuance. A temporary license issued under Subsection (a)(2) expires on the date the reciprocal license is issued or denied.
I do hope there is no abuse…
Remember my “sigil?”
8:35 am CST
Aug. 31, 2021
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Tue 8/31/2021 8:37 AM
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Sec. 1002.264. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED LICENSE. The board shall issue a new license to replace a license that has been lost, destroyed, or mutilated, subject to the rules and fees adopted by the board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Like, “mutilated securities?”
See arguments for 3/6/2019 case.
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Tue 8/31/2021 8:39 AM
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SUBCHAPTER K. OTHER ENFORCEMENT PROVISIONS
Sec. 1002.501. INJUNCTION. The board may seek an injunction against a violation of this chapter or a rule adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
But
Sec. 1002.456. JUDICIAL REVIEW. The order of the board is subject to judicial review.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.004(a), eff. Sept. 1, 2003.
Judicial Review?
Which “Judiciary?”
Are we supposed to be “reciprocating?”
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Tue 8/31/2021 8:42 AM
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“…Even if the amendments cannot be harmonized the results are the same…”
“The last legislative vote on Chapter 537 was taken on May 26, 1991. The last legislative vote on Chapter 561 was taken on May 25, 1991. Because Chapter 537 is the later enactment, the revised law omits Section 7(a) as amended by Chapter 561. The omitted law reads:…”
p. 108
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Tue 8/31/2021 8:43 AM
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Sec. 1101.0055. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. A service contract that a license holder enters into for services governed by this chapter is not a good or service governed by Chapter 601, Business & Commerce Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.154(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.27, eff. April 1, 2009.
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Tue 8/31/2021 8:44 AM
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Sec. 1101.103. CODE OF ETHICS; STANDARDS OF CONDUCT. Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Sec. 1101.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide, as often as necessary, to its members and employees information regarding their:
(1) qualifications for office or employment under this chapter and Chapter 1102; and
(2) responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
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Tue 8/31/2021 8:45 AM
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Sec. 1101.155. RULES RELATING TO CONTRACT FORMS. (a) The commission may adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the commission.
(b) The commission may not prohibit a license holder from using for the sale, exchange, option, or lease of an interest in real property a contract form that is:
(1) prepared by the property owner; or
(2) prepared by an attorney and required by the property owner.
(c) A listing contract form adopted by the commission that relates to the contractual obligations between a seller of real estate and a license holder acting as an agent for the seller must include:
(1) a provision informing the parties to the contract that real estate commissions are negotiable; and
(2) a provision explaining the availability of Texas coastal natural hazards information important to coastal residents, if that information is appropriate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
See securities law regarding forms and considerations of royalties regarding publication of forms as part of educational or reference materials.
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Tue 8/31/2021 8:48 AM
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Sec. 1101.157. SUBPOENA AUTHORITY. (a) The commission may request and, if necessary, compel by subpoena:
(1) the attendance of witnesses for examination under oath; and
(2) the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter.
(b) A subpoena may be issued throughout the state and may be served by any person designated by the commission.
(c) If a person fails to comply with a subpoena issued under this section, the commission, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the commission may be held.
(d) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
“…The revised law omits references to “books,” “accounts,” “papers,” and “correspondence” because those terms are included within the meaning of the phrase “records, documents, and other evidence” used in the revised law.”
“…The revised law omits that language as unnecessary because it duplicates Section 21.002, Government Code, which authorizes a court to punish as contempt the failure to obey a court order.”
p. 125
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Tue 8/31/2021 8:52 AM
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(h) The commission shall ensure that the commission gives priority to the investigation of a complaint filed by a consumer and an enforcement case resulting from the consumer complaint. The commission shall assign priorities and investigate complaints using a risk-based approach based on the:
(1) degree of potential harm to a consumer;
(2) potential for immediate harm to a consumer;
(3) overall severity of the allegations in the complaint;
(4) number of license holders potentially involved in the complaint;
(5) previous complaint history of the license holder; and
(6) number of potential violations in the complaint.
(i) If the commission determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the commission shall dismiss the complaint and no further action may be taken. The commission may delegate to commission staff the duty to dismiss complaints described by this subsection.
“No ex post facto law…”
Shall permit for misrepresentation as “risk-based approach” intentional obstruction of justice in efforts to cover up for crime.
This WOULD I believe qualify as evidence in consideration of the request I made TO CONGRESS in March of 2016.
This is the VERY sort of manner of investigation I had requested with specific and relevant points for context.
That the conspiracy involves “risk-based approaches” to covering up for organized crime, including competing organized crime syndicates, does not mean the conspiracy no longer exists.
This is not repudiation of involvement in a criminal conspiracy. This is evidence of intent to continue promulgating the criminal conspiracy.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 13, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(1), eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 4, eff. September 1, 2019.
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Tue 8/31/2021 8:55 AM
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Sec. 1101.353. DETERMINATION OF FITNESS. (a) If before applying for a license under this chapter a person requests that the commission determine whether the person possesses the fitness to engage in the profession for which the license is required and pays the required fee, the commission shall make its determination of the person's fitness to engage in the profession.
(b) Not later than the 30th day after the date the commission makes its determination, the commission shall notify the person of the determination.
(c) If a person applies for a license after receiving notice of a determination, the commission may conduct a supplemental determination of the person's fitness. The supplemental determination may cover only the period after the date the person requests a determination of fitness under this section.
(d) The commission may issue a provisional determination of fitness. The commission by rule shall adopt reasonable terms for issuing a provisional determination of fitness.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 9, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 10, eff. September 1, 2019.
Originally called “Moral Character Determination” as of Sept. 1, 2005.
That explicitly calls into consideration the question of moral turpitude as opposed to fitness. It also substantiates consideration of allegations of “privileging of sects” and “religious tests” that are Unconstitutional.
This also fits into the timeline and the pattern outlined for consideration of the OCC audits of the Department of Energy, beginning in 1981.
8:55 am CST
Aug. 31, 2021
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Tue 8/31/2021 9:02 AM
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Sec. 1101.604. MANAGEMENT OF TRUST ACCOUNT. (a) The commission shall hold money credited to the trust account in trust to carry out the purpose of the trust account.
(b) Money credited to the trust account may be invested in the same manner as money of the Employees Retirement System of Texas, except that an investment may not be made that would impair the liquidity necessary to make payments from the trust account as required by this subchapter.
(c) Interest from the investments shall be deposited to the credit of the trust account.
(d) If the balance in the trust account on December 31 of a year is more than the greater of $3.5 million or the total amount of claims paid from the trust account during the preceding four fiscal years, the commission shall transfer the excess amount of money in the trust account to the credit of the general revenue fund.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
“…refers to money being “invested” and “reinvested.” The revised law omits “reinvested” because that term is included within the meaning of “invested.”
“…The revised law substitutes “Employees Retirement System of Texas” because that is the name of the entity designated in Subtitle B, Title 8, Government Code.”
See response to Attorney General opinion regarding name changes.
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Tue 8/31/2021 9:15 AM
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Sec. 1101.606. CLAIM FOR PAYMENT FROM TRUST ACCOUNT. (a) Except as provided by Subsections (c) and (c-1), an aggrieved person who obtains a court judgment against a license or certificate holder for an act described by Section 1101.602 may, after final judgment is entered, execution returned nulla bona, and a judgment lien perfected, file a verified claim in the court that entered the judgment.
(b) After the 20th day after the date the aggrieved person gives written notice of the claim to the commission and judgment debtor, the person may apply to the court that entered the judgment for an order for payment from the trust account of the amount unpaid on the judgment. The aggrieved person and the commission may attempt to reach a settlement of the claim before setting a hearing before the court. If the aggrieved person does not schedule a hearing before the first anniversary of the date the application was filed, recovery is waived.
(c) If an aggrieved person is precluded by action of a bankruptcy court from executing a judgment or perfecting a judgment lien as required by Subsection (a), the person shall verify to the commission that the person has made a good faith effort to protect the judgment from being discharged in bankruptcy.
(c-1) If the judgment obtained against the license holder includes multiple defendants who are jointly and severally liable or the judgment against the license holder was severed from a suit with multiple defendants, the aggrieved person may not file a verified claim in the court that entered the judgment until the aggrieved person has obtained a judgment against all defendants and received payment from or obtained a writ of execution returned nulla bona for all defendants.
(d) The commission by rule may prescribe the actions necessary for an aggrieved person to demonstrate that the person has made a good faith effort under Subsection (c) to protect a judgment from being discharged in bankruptcy.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 5, eff. May 12, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 63, eff. January 1, 2016.
“…”that occurred on or after May 19, 1975.” The revised law omits this reference as unnecessary because Section 1101.605 limits recovery from real estate recovery trust account to actions that have accrued within two years preceding the date the action was brought.”
See information on disputation of “valid judgment” that was “revised” and “omitted.”
p. 137
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Tue 8/31/2021 9:15 AM
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Sec. 1101.610. PAYMENT LIMITS; ATTORNEY'S FEES. (a) Payments from the trust account for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a total of $50,000, regardless of the number of claimants.
(b) Payments from the trust account for claims based on judgments against a single license or certificate holder may not exceed a total of $100,000 until the license or certificate holder has reimbursed the trust account for all amounts paid.
(c) If the court finds that the total amount of claims against a license or certificate holder exceeds the limitations in this section, the court shall proportionately reduce the amount payable on each claim.
(d) A person receiving payment from the trust account is entitled to receive reasonable attorney's fees in the amount determined by the court, subject to the limitations prescribed by this section.
(e) For purposes of this section, a business entity and the broker who is the business entity's designated broker are considered a single license holder.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 66, eff. January 1, 2016.
“…The revised law omits the requirement that payments be made “in the manner prescribed by this section” because the provisions of law to which the language references, revised in this chapter, sufficiently establish those requirements without a reference to them in this section.”
p. 138
What about that considerable case work and opinions rendered in regards to explicit interpretation of a statute, including in consideration of the former Attorneys General of Texas in regards to explication of the implied and explicit status of certain statutes?
What about Section 954.001 Exception to Practice of Law which was effective on June 20, 2003?
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Tue 8/31/2021 9:15 AM
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Sec. 1101.555. NOTICE TO BUYER REGARDING ABSTRACT OR TITLE POLICY. When an offer to purchase real estate in this state is signed, a license holder shall advise each buyer, in writing, that the buyer should:
(1) have the abstract covering the real estate that is the subject of the contract examined by an attorney chosen by the buyer; or
(2) be provided with or obtain a title insurance policy.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
I am going to need to see the insurance policy on the trust as well.
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Tue 8/31/2021 9:15 AM
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Sec. 1101.558. REPRESENTATION DISCLOSURE.
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.
(b) A license holder who represents a party in a proposed real estate transaction shall disclose, orally or in writing, that representation at the time of the license holder's first contact with:
(1) another party to the transaction; or
(2) another license holder who represents another party to the transaction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 58, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.
Disclosure was required in advance.
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Tue 8/31/2021 9:17 AM
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Sec. 1101.604. MANAGEMENT OF TRUST ACCOUNT. (a) The commission shall hold money credited to the trust account in trust to carry out the purpose of the trust account.
(b) Money credited to the trust account may be invested in the same manner as money of the Employees Retirement System of Texas, except that an investment may not be made that would impair the liquidity necessary to make payments from the trust account as required by this subchapter.
(c) Interest from the investments shall be deposited to the credit of the trust account.
(d) If the balance in the trust account on December 31 of a year is more than the greater of $3.5 million or the total amount of claims paid from the trust account during the preceding four fiscal years, the commission shall transfer the excess amount of money in the trust account to the credit of the general revenue fund.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Is this at all connected to my letter to the Supreme Court of Texas that was dated for BEFORE Dec. 31, 2019?
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Tue 8/31/2021 9:20 AM
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Sec. 1101.606. CLAIM FOR PAYMENT FROM TRUST ACCOUNT. (a) Except as provided by Subsections (c) and (c-1), an aggrieved person who obtains a court judgment against a license or certificate holder for an act described by Section 1101.602 may, after final judgment is entered, execution returned nulla bona, and a judgment lien perfected, file a verified claim in the court that entered the judgment.
(b) After the 20th day after the date the aggrieved person gives written notice of the claim to the commission and judgment debtor, the person may apply to the court that entered the judgment for an order for payment from the trust account of the amount unpaid on the judgment. The aggrieved person and the commission may attempt to reach a settlement of the claim before setting a hearing before the court. If the aggrieved person does not schedule a hearing before the first anniversary of the date the application was filed, recovery is waived.
Really?
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 5, eff. May 12, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 63, eff. January 1, 2016.
“…The revised law omits the quoted provision as duplicative because Subsection (n), revised in Section 1101.610, sufficiently establishes those limitations without a reference to this section.”
p. 137
There is no Subsection (n) anymore.
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Tue 8/31/2021 9:25 AM
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Sec. 1101.656. ADDITIONAL DISCIPLINARY AUTHORITY OF COMMISSION. (a) In addition to any other authority under this chapter, the commission may suspend or revoke a license, place on probation a person whose license has been suspended, or reprimand a license holder if the license holder violates this chapter or a commission rule.
(b) The commission may probate a suspension, revocation, or cancellation of a license under reasonable terms determined by the commission.
(c) The commission may require a license holder whose license suspension or revocation is probated to:
(1) report regularly to the commission on matters that are the basis of the probation;
(2) limit practice to an area prescribed by the commission; or
(3) continue to renew professional education until the license holder attains a degree of skill satisfactory to the commission in the area that is the basis of the probation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Sec. 1101.703. NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts relating to that violation, the executive director determines that a violation has occurred, the executive director may issue a notice of violation stating:
(1) a brief summary of the alleged violation;
(2) the executive director's recommendation on the imposition of the administrative penalty or another disciplinary sanction, including a recommendation on the amount of the penalty; and
(3) that the respondent has the right to a hearing to contest the alleged violation, the recommended penalty, or both.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 28, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(4), eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 78, eff. January 1, 2016.
“…The revised law omits that provision as duplicatice because Section 19A(c), revised as Section 1101.702(b), sufficiently establishes…”seriousness of the violation determined by the consideration of the factors set forth in Subsection (c ) of this section.””
Sec. 1101.702. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.
…
(c) The commission by rule shall adopt a schedule of administrative penalties based on the criteria listed in Subsection (b) for violations subject to an administrative penalty under this section to ensure that the amount of a penalty imposed is appropriate to the violation. The rules adopted under this subsection must provide authority for the commission to suspend or revoke a license in addition to or instead of imposing an administrative penalty.
Sec. 1101.756. GENERAL CRIMINAL PENALTY. (a) A person commits an offense if the person wilfully violates or fails to comply with this chapter or a commission order.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
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Tue 8/31/2021 9:30 AM
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Sec. 1101.805. LIABILITY FOR MISREPRESENTATION OR CONCEALMENT. (a) In this section, "party" has the meaning assigned by Section 1101.551.
(b) This section prevails over any other law, including common law.
(c) This section does not diminish a broker's responsibility for the acts or omissions of a sales agent associated with or acting for the broker.
(d) A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party:
(1) knew of the falsity of the misrepresentation or concealment; and
(2) failed to disclose the party's knowledge of the falsity of the misrepresentation or concealment.
(e) A license holder is not liable for a misrepresentation or a concealment of a material fact made by a party to a real estate transaction unless the license holder:
(1) knew of the falsity of the misrepresentation or concealment; and
(2) failed to disclose the license holder's knowledge of the falsity of the misrepresentation or concealment.
(f) A party or a license holder is not liable for a misrepresentation or a concealment of a material fact made by a subagent in a real estate transaction unless the party or license holder:
(1) knew of the falsity of the misrepresentation or concealment; and
(2) failed to disclose the party's or license holder's knowledge of the falsity of the misrepresentation or concealment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 90, eff. January 1, 2016.
“…refers to definitions of “licensee” and “subagent.” The revised law omits the references to those definitions as unnecessary because those terms are defined in Section 1101.002, which applies to the entire chapter.”
p. 146
What is this?
Sec. 1102.002. APPLICABILITY OF CHAPTER. (a) This chapter does not apply to a person who repairs, maintains, or inspects improvements to real property, including an electrician, plumber, carpenter, or person in the business of structural pest control in compliance with Chapter 1951, if the person does not represent to the public through personal solicitation or public advertising that the person is in the business of inspecting those improvements.
(b) This chapter does not prevent a person from performing an act the person is authorized to perform under a license or registration issued by this state or a governmental subdivision of this state under a law other than this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
What did I say? Evidence…regarding disclosure on any derivative action, including swap activity?
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Tue 8/31/2021 9:31 AM
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Sec. 1101.759. CEASE AND DESIST ORDER. (a) If it appears to the commission that a person is violating this chapter or Chapter 1102 or a rule adopted under this chapter or Chapter 1102, the commission, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b) A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter O.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 36, eff. September 1, 2007.
I did disclose up front.
9:31 am CST
Aug. 31, 2021
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Tue 8/31/2021 9:33 AM
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This is not an “administrative process.” It not only qualifies for a formal criminal proceeding, but may actually qualify for more.
This was never an “administrative” proceeding. I never agreed to mediation. I never forgoed my rights to due process.
9:32 am CST
Aug. 31, 2021
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Thu 9/2/2021 4:54 PM
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Is THIS really what they are after?
The above was for, what, two days before the alleged original date to vacate?
See the rest of the information herein.
4:54 pm CST
Sept. 2, 2021
This is absolutely unacceptable and extortionate. You already know that I called this out.
Stop trying again to use me for a whole “class” of assets you are trying to undervalue.
Ms. LUMMIS. Madam President, as Americans are trying to enjoy their
last month of summer vacation before the kids go back to school, they
are facing gasoline prices at a near 7-year high.
What is the Biden administration doing about this? They are begging
Russia and the OPEC oil cartels to pump more oil so that U.S. gasoline
prices don't rise any more than they already have under his watch.
Meanwhile, through various Executive actions, such as the Biden ban on
new oil and gas industry drilling and development and canceling
pipelines, this President is attacking American workers and American
energy independence.
The oil and natural gas industry supports 11.3 million jobs across
the country and contributes nearly $1.7 trillion to the American
economy. It makes no sense to send production to other countries when
we could be doing it here, produced cleaner, more efficiently.
The PRESIDING OFFICER. The Senator's time has expired.
Ms. LUMMIS. I yield back.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. MANCHIN. Madam President, Senator Lummis's amendment targets new
oil and gas leases that the administration instituted while the
Department of Interior reviews our Federal and oil gas leasing program.
I, too, am eager to see the results of that review and was hoping we
would have received it by now.
I will continue to be vocal on my advocacy for American energy
independence and addressing climate change through innovation, not
elimination. However, drilling continued on existing leases throughout
the time, and Secretary Haaland testified before the Energy Committee
that the Department is in compliance with the recent court order, which
still allows leasing.
I believe the administration has the responsibility to evaluate these
programs and to make sure that we are getting a reasonable return for
the taxpayers, while using our abundant resources in the most
responsible way. For that reason, I urge my colleagues to reject the
amendment.
Vote on Amendment No. 3104
Mr. THUNE. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. THUNE. The following Senator is necessarily absent: the Senator
from South Dakota (Mr. Rounds).
The result was announced--yeas 49, nays 50, as follows:
[Rollcall Vote No. 320 Leg.]
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