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Clarification Regarding Adopted Rules

On September 1, 2023, adopted rules amending Texas Administrative Code Chapter 68 became effective. Two sections that were amended require clarification:

  • Subsection 68.40(d) references the corrective modifications response that an owner must submit to the Registered Accessibility Specialist. There is a typographical error that cites the requirements as being in section 68.53; these requirements actually are found in section 68.52. The typographical error does not invalidate any owner responsibility for responding to an inspection report on the prescribed form within 30 days of the inspection report, nor does it invalidate the requirement to correct the violations by the 270th day of the inspection report date.
  • In subsection 68.53(b), paragraphs (6), (7), and (8) identify the department-required paragraph types to be included within each transmittal letter issued by the Registered Accessibility Specialist for the applicable circumstance. The language for these paragraphs was previously located in the 2018 RAS Procedures as transmittal templates. The department had intended to provide the language in the new rules, but they were omitted. RAS Bulletin 2023-05 provides the required paragraphs.

TDLR will correct both errors in the programโ€™s next round of rulemaking.

If you have questions, please contact techinfo@tdlr.texas.gov or TDLR customer service.