TITLE 22.EXAMINING BOARDS

Part 23. TEXAS REAL ESTATE COMMISSION

Chapter 534. GENERAL ADMINISTRATION

22 TAC §534.3

The Texas Real Estate Commission (TREC) adopts amendments to Chapter 534, General Administration by adding §534.3, concerning employee training and education without changes to the proposed text as published in the March 18, 2005, issue of the Texas Register (30 TexReg 1563) and will not be republished.

The purpose of the rule is to comply with Texas Government Code §§656.041 - 656.049, which require that state agencies adopt rules addressing employee training and education.

The reasoned justification for the rule will be a better understanding by employees of agency policy and procedures regarding compensation for employee training.

No comments were received regarding the rule as proposed.

The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this rule are Texas Occupations Code, Chapter 1101 and Texas Government Code, Chapter 656. No other statute, code or article is affected by the rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2005.

TRD-200501723

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: May 17, 2005

Proposal publication date: March 18, 2005

For further information, please call: (512) 465-3900


22 TAC §534.4

The Texas Real Estate Commission (TREC) adopts amendments to Chapter 534, General Administration by adding §534.4, concerning historically underutilized businesses without changes to the proposed text as published in the March 18, 2005, issue of the Texas Register (30 TexReg 1563) and will not be republished.

The purpose of the rule is to comply with Texas Government Code §2161.003. Section 2161.003 of the Government Code requires the Commission to adopt the Texas Building and Procurement Commission's rules on Historically Underutilized Businesses.

The reasoned justification for the rule will be to decrease confusion among the vendor community regarding agency rules and procedures for historically underutilized businesses. This should result in a more efficient agency purchasing process.

No comments were received regarding the rule as proposed.

The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this rule are Texas Occupations Code, Chapter 1101 and Texas Government Code, Chapter 2161. No other statutes, articles, or codes are affected by the rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2005.

TRD-200501724

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: May 17, 2005

Proposal publication date: March 18, 2005

For further information, please call: (512) 465-3900


22 TAC §534.5

The Texas Real Estate Commission (TREC) adopts amendments to Chapter 534, General Administration by adding §534.5, concerning bid opening and tabulation without changes to the proposed text as published in the March 18, 2005, issue of the Texas Register (30 TexReg 1563) and will not be republished.

The purpose of the rule is to comply with Texas Government Code §2156.005. Section 2156.005 of the Government Code requires the Commission to adopt the Building and Procurement Commission's rules on Bid Opening and Tabulation.

The reasoned justification of the rule will be to decrease confusion among the vendor community regarding agency rules and procedures for bid opening and tabulation. This should result in a more efficient agency purchasing process.

No comments were received regarding the rule as proposed.

The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this rule are Texas Occupations Code, Chapter 1101 and Chapter 2156, Texas Government Code. No other statutes, articles, or codes are affected by the rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2005.

TRD-200501725

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: May 17, 2005

Proposal publication date: March 18, 2005

For further information, please call: (512) 465-3900


22 TAC §534.6

The Texas Real Estate Commission (TREC) adopts amendments to Chapter 534, General Administration by adding §534.6, concerning negotiation and mediation of certain contract disputes without changes to the proposed text as published in the March 18, 2005, issue of the Texas Register (30 TexReg 1564) and will not be republished.

The purpose of the rule is to comply with Texas Government Code §2260.052. Section 2260.052 of the Government Code authorizes the Commission to adopt the Office of the Attorney General's rules on negotiation and mediation of certain contracts.

The reasoned justification for the rule will be to decrease confusion among the vendor community regarding agency rules and procedures for negotiation and mediation of certain contract disputes. This should result in a more efficient agency purchasing process.

No comments were received regarding the rule as proposed.

The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this rule are Texas Occupations Code, Chapter 1101 and Chapter 2260, Texas Government Code. No other statutes, articles, or codes are affected by the rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2005.

TRD-200501726

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: May 17, 2005

Proposal publication date: March 18, 2005

For further information, please call: (512) 465-3900


22 TAC §534.7

The Texas Real Estate Commission (TREC) adopts amendments to Chapter 534, General Administration by adding §534.7, concerning vendor protest procedures with changes to the proposed text as published in the March 18, 2005, issue of the Texas Register (30 TexReg 1565).

The purpose of the rule is to comply with Texas Government Code §2155.076. Section 2155.076 of the Government Code requires that the agency's rules for vendor protest procedures must be consistent with rules adopted by the Building and Procurement Commission.

The reasoned justification for the rule will be to decrease confusion among the vendor community regarding agency rules and procedures for vendor protest procedures. This should result in a more efficient agency purchasing process.

No comments were received regarding the rule as proposed.

The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this rule are Texas Occupations Code, Chapter 1101 and Chapter 2155, Texas Government Code. No other statutes, articles, or codes are affected by the rule.

§534.7.Vendor Protest Procedures.

(a) The commission adopts by reference the rules promulgated by the Texas Building and Procurement Commission regarding purchasing protest procedures as set forth in Subchapter A of 1 TAC §111.3.

(b) The commission shall maintain documentation about the purchasing process to be used in the event of a protest by maintaining current information regarding applicable statutory law, administrative rules, and guidelines affecting the purchasing process.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2005.

TRD-200501727

Loretta DeHay

General Counsel

Texas Real Estate Commission

Effective date: May 17, 2005

Proposal publication date: March 18, 2005

For further information, please call: (512) 465-3900