Part 23.
TEXAS REAL ESTATE COMMISSION
Chapter 535.
GENERAL PROVISIONS
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
22 TAC §535.64
The Texas Real Estate Commission (TREC) proposes amendments
to §535.64, concerning Accreditation of Schools and Approval of Courses
and Instructors. Section 535.64(g)(7) adopts by reference Form Ed 7-1 Instructor
Manual Guidelines for Core Real Estate and Real Estate Related Courses. The
amendments add to the rule a cite to the TREC's web site to download the form,
and change the cites in the form to the relevant statutory provisions of Chapter
1101, Texas Occupations Code. The revisions also update the Instructor Manual
for style and clarity and remove obsolete sections.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
the state as a result of enforcing or administering the amended section. There
are no anticipated fiscal implications for units of local government. There
is no anticipated impact on small businesses, micro businesses or local or
state employment as a result of implementing the amended section.
Ms. DeHay also has determined that for each year of the first five years
the amendments as proposed are in effect the public benefit anticipated as
a result of enforcing the amended section will be clarification of the underlying
statutory authority for the rule and increased readability. There is no anticipated
economic cost to persons who are required to comply with the proposed amendments.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 statute affected by this proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§535.64.Accreditation of Schools and Approval of Courses and Instructors.
(a) - (f)
(No change.)
(g)
Forms. The Texas Real Estate Commission adopts by reference
the following forms approved by the commission. These documents are published
by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188
, www.trec.state.tx.us
.
(1) - (6)
(No change.)
(7)
Form ED
7-1
[
(h) - (o)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 15, 2006.
TRD-200600814
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2006
For further information, please call: (512) 465-3900
22 TAC §535.91, §535.92
The Texas Real Estate Commission (TREC) proposes amendments
to §535.91, concerning Renewal Applications and §535.92, concerning
Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements.
The proposed amendments to §535.91 change the name of the "renewal application
form" to "renewal notice" to make it clear that the commission will be notifying
real estate salespersons and brokers of renewal requirements with a notice
rather than with a form. The amendments to §535.91 also delete the subsection
that adopts by reference the renewal application form as the form will no
longer be used to renew a license. Presently, licensees return the form to
the commission with the required fee to renew a license. The commission will
notify licensees with a postcard that contains substantially the same information
that is currently on the renewal form.
Under the proposed amendments to §535.92 all licensees will be required
to renew online at the commission's web site with an appropriate payment method.
All information required of the licensee to renew the license may be entered
online. Currently, licensees have the option of renewing online or by mail.
If a licensee is unable to renew online, they can obtain a renewal form by
contacting the commission and a form will be mailed to them or they will be
given directions on how to download a form from the TREC's web site.
The commission will continue to notify licensees of the renewal requirements
three months before the expiration of the current license. The commission
will also continue to notify licensees subject to Mandatory Continuing Education
(MCE) of the hours the licensee has completed and the hours that are required
for an active renewal.
The commission is mandating online renewals to save costs associated with
mailing renewal notices and to meet statewide performance measures associated
with online renewals required of all similarly situated licensing agencies.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the proposed amendments to the sections are in effect there will be
no fiscal implications for the state as a result of enforcing or administering
the amended sections. There are no anticipated fiscal implications for units
of local government. There will be no impact on small businesses, micro businesses
or local or state employment as a result of implementing the amended sections.
Ms. DeHay also has determined that for each year of the first five years
the amendments as proposed are in effect the public benefit anticipated as
a result of enforcing the amended sections will be an easier renewal process
for licensees and decreased costs to the agency associated with mailing renewal
notices. There is no anticipated economic cost to persons who are required
to comply with the proposed amendments.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 statute affected by this proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§535.91.Renewal Notices [
(a) - (b)
(No change.)
(c)
The commission shall mail a renewal
notice
[
[(d)
The Texas Real Estate Commission adopts
by reference Renewal Application Forms SR 1-0 and BR 1-0, approved by the
commission in 2004. These forms are published by and available from the Texas
Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.]
§535.92.Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements.
(a) - (b)
(No change.)
(c)
The commission shall advise each licensee of the time period
for filing a renewal application and paying the renewal fee by mailing an
appropriate notice to the licensee as prescribed by §535.91 of this chapter
(relating to Renewal
Notices
[
(d)
A licensee
shall
[
(e) - (k)
(No change.)
(l)
If a licensee is unable to renew a license
on the commission's Internet website, the licensee may renew an unexpired
license by obtaining a renewal application form from the Texas Real Estate
Commission, P.O. Box 12188, Austin, Texas 78711-2188 and complying with the
requirements of this section and §535.91 of this chapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 15, 2006.
TRD-200600815
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2006
For further information, please call: (512) 465-3900
22 TAC §535.144
The Texas Real Estate Commission (TREC) proposes amendments
to §535.144, concerning When Acquiring or Disposing of Own Property.
The amendments are proposed to implement revisions to Texas Occupations Code
Chapter 1101 enacted during the 79th Legislative Session, Regular Session,
by Senate Bill 810 (2005).
In part, Senate Bill 810 revised §1101.652(a)(3), Texas Occupations
Code, to authorize the commission to take disciplinary action against a licensee
if the licensee engages in misrepresentation or fraud when selling, buying,
trading or leasing real property in the name of the license holder's spouse
or a person related to the license holder within the first degree by consanguinity.
Prior to September 1, 2005, §1101.652(a)(3) applied only when a license
holder engaged in misrepresentation or fraud when acting in his or her own
name. Section 535.144, which is based on §1101.652(a)(3), requires a
licensee to disclose in writing that he or she is a real estate salesperson
or broker acting on his or her own behalf. The amendment to §535.144
would define "first degree of consanguinity" to mean a child or parent of
the licensee; and would require a similar written disclosure when a licensee
buys, sells, trades or leases real property in the name of the licensee's
spouse, child or parent.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
the state as a result of enforcing or administering the amended section. There
are no anticipated fiscal implications for units of local government. There
is no anticipated impact on small businesses, micro businesses or local or
state employment as a result of implementing the amended section.
Ms. DeHay also has determined that for each year of the first five years
the amendments as proposed are in effect the public benefit anticipated as
a result of enforcing the amended section will be clarity in the implementation
of the statutory provisions regarding the commission's authority to take disciplinary
action against a licensee who fails to disclose his or her license status
under limited circumstances. There is no anticipated economic cost to persons
who are required to comply with the proposed amendments.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 statute affected by this proposal is Texas Occupations Code, Chapter
1101 and Senate Bill 810, 79th Legislature, Regular Session (2005). No other
statute, code or article is affected by the proposed amendments.
§535.144.When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child .
(a)
For purposes of §1101.652(a)(3),
Texas Occupations Code, "a person related to the license holder within the
first degree by consanguinity" means a license holder's parent or child.
(b)
A licensee, when engaging in a real estate transaction
on his or her own behalf, [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 15, 2006.
TRD-200600816
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2006
For further information, please call: (512) 465-3900
22 TAC §535.210
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.210, concerning Fees. The amendment is proposed to implement
revisions to Texas Occupations Code Chapter 1102 enacted during the 79th Legislative
Session, Regular Session (2005), by Senate Bill 810. Chapter 1102 was revised
to required licensing and renewal of corporations and limited liability companies
that engage in professional home inspecting for buyers and sellers in Texas.
The proposed amendment to §535.210 adds a $5 fee to be charged to
corporations and limited liability companies licensed as Texas professional
inspectors for the annual renewal of the license. Given that the home inspector
license renewal period will change to a 2-year cycle in April, 2006, the total
amount due for each renewal would be $10 to parallel an existing $10 application
fee for those business entity licenses.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the amendment is in effect there will be no fiscal implications for
the state as a result of enforcing or administering the amended section. There
are no anticipated fiscal implications for units of local government. There
is no anticipated impact on small businesses, micro businesses or local or
state employment as a result of implementing the amended section except to
the extent that a licensed corporation or limited liability company that engages
in professional home inspecting for buyers and sellers in Texas would be required
to pay the $10 fee every two years to renew its professional inspector license.
Ms. DeHay also has determined that for each year of the first five years
the amendment as proposed is in effect the public benefit anticipated as a
result of enforcing the amended section will be clarity in the implementation
of the statutory requirements for licensing and renewal, and to assist interested
person in the application process. The anticipated economic cost to persons
who are required to comply with the proposed amendment is the $10 fee every
two years to renew a license.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed 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 proposal are Texas Occupations Code, Chapters
1101 and 1102 and Senate Bill 810, 79th Legislature, Regular Session. No other
statute, code or article is affected by the proposed amendment.
§535.210.Fees.
(a)
The commission shall charge and collect the following fees:
(1) - (9)
(No change.)
(10)
a fee of $5 for the annual renewal of
the license of a professional inspector by a corporation or limited liability
company;
(11)
[
(12)
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 15, 2006.
TRD-200600817
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2006
For further information, please call: (512) 465-3900
Subchapter H. MISCELLANEOUS FORMS
22 TAC §539.71
The Texas Real Estate Commission (TREC) proposes amendments
to §539.71, concerning Miscellaneous Forms. The amendment changes the
cites in Form RSC 2-3, Residential Service Company Bond to the relevant statutory
provisions in Chapter 1303, Texas Occupations Code. House Bill 2813, 77th
Legislature (2001), added Chapter 1303, a nonsubstantive codification of The
Residential Service Company Act, and repealed Article 6573b, Texas Civil Statutes
effective June 1, 2003.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the amendments are in effect there will be no fiscal implications for
the state as a result of enforcing or administering the amended section. There
are no anticipated fiscal implications for units of local government. There
is no anticipated impact on small businesses, micro businesses or local or
state employment as a result of implementing the amended section.
Ms. DeHay also has determined that for each year of the first five years
the amendments as proposed are in effect the public benefit anticipated as
a result of enforcing the amended section will be clarification of the underlying
statutory authority for the rule. There is no anticipated economic cost to
persons who are required to comply with the proposed amendments.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1303.051,
which authorizes the Texas Real Estate Commission to adopt rules necessary
to implement Chapter 1303.
The statute affected by this proposal is Texas Occupations Code, Chapter
1303. No other statute, code or article is affected by the proposed amendments.
§539.71.Miscellaneous Forms.
The Texas Real Estate Commission adopts by reference the following
forms approved by the commission [
(1)
Residential Service Company Bond, Form RSC
2-3
[
(2)
Application to Approve Evidence of Coverage/Schedule of
Charges, Form RSC 3-1.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 15, 2006.
TRD-200600818
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2006
For further information, please call: (512) 465-3900
Chapter 661.
GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
7-0
], Instructor Manual
Guidelines.
Subchapter I. LICENSES Applications ].
application form
] for an active broker or an inactive licensee to the
last known permanent mailing address of the broker or licensee as shown in
the commission's computerized records. The commission shall mail a renewal
notice
[
application form
] for an active salesperson to the
permanent mailing address of the salesperson's sponsoring broker. The commission
shall mail the
notice
[
form
] three months before the
expiration of the current license. Each licensee shall furnish a permanent
mailing address to the commission and report all subsequent address changes
within 10 days after a change of address. If a licensee fails to provide a
permanent mailing address, the last known mailing address provided by the
licensee will be deemed to be the licensee's permanent mailing address. [
Applications must be made on the current renewal application form approved
by the commission accompanied by the required fee.
] Failure to receive
a license renewal
notice
[
application form
] does not
relieve a licensee of the obligation to
renew
[
obtain the
appropriate form and to apply for renewal of
] a license. A licensee
shall provide information requested by the commission in connection with an
application to renew a license within 30 days after the commission requests
the information. Failure to provide information requested by the commission
in connection with a renewal application within the required time is grounds
for disciplinary action under the Act, §1101.656.
Applications
]). If the
licensee is subject to mandatory continuing education (MCE) requirements,
the notice must also contain the number of MCE hours for which the licensee
has been given credit and the number of additional MCE hours required for
renewal of the license. The commission shall have no obligation to so notify
an inactive licensee who has failed to furnish the commission with the person's
permanent mailing address or a corporation, limited liability company or partnership
that has failed to designate an officer, manager or partner who meets the
requirements of the Real Estate License Act (the Act).
may
] renew an unexpired
license by accessing the commission's Internet web site, entering the required
information on the renewal application form, satisfying applicable education
requirements and paying the appropriate fee in accordance with the instructions
provided at the site by the commission.
Subchapter N. SUSPENSION AND REVOCATION OF LICENSURE
or
] on behalf of a business entity in
which the licensee is more than a 10% owner,
or on behalf of the licensee's
spouse, parent, or child,
is obligated to inform any person with whom
the licensee deals that he or she is a licensed real estate broker or salesperson
acting on his or her own behalf
or on behalf of the licensee's spouse,
parent, or child
either by disclosure in any contract of sale or rental
agreement, or by disclosure in any other writing given prior to entering into
any contract of sales or rental agreement. A licensee shall not use the licensee's
expertise to the disadvantage of a person with whom the licensee deals.
Subchapter R. REAL ESTATE INSPECTORS
(10)
] a fee of $20 for requesting
issuance of a license because of a change of name, return to active status,
or change in sponsoring professional inspector; and
(11)
] a fee of $100 for deposit
in the real estate inspection recovery fund upon an applicant's successful
completion of an examination. This fee does not apply to application for a
license as a professional inspector by a corporation or limited liability
company.
Chapter 539.
PROVISIONS OF THE RESIDENTIAL SERVICE COMPANY ACT
in 2001
]. These forms are published
and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188
, www.trec.state.tx.us
.
2-2
]; and
Part 29.
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING