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) adopts amendments
to §535.64 concerning Accreditation of Schools and Approval of Courses
and Instructors without changes to the proposed text and form as published
in the March 3, 2006, issue of the
Texas Register
(31 TexReg 1404) and will not be republished. 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 website to download the form, and change the cites in the form
to the relevant statutory provisions of Chapter 1101, Texas Occupations Code.
The reasoned justification for the amendments is to update the Instructor
Manual for style and clarity and to remove obsolete sections.
No comments were received regarding the rule as proposed.
The amendments are 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 statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
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 May 4, 2006.
TRD-200602499
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: May 24, 2006
Proposal publication date: March 3, 2006
For further information, please call: (512) 465-3900
22 TAC §535.91, §535.92
The Texas Real Estate Commission (TREC) adopts amendments
to §535.91 concerning Renewal Notices and §535.92 concerning Renewal:
Time for Filing; Satisfaction of Mandatory Continuing Education Requirements
without changes to the proposed text as published in the March 3, 2006, issue
of the
Texas Register
(31 TexReg 1404) and
will not be republished. The 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. Before amendment,
the rule required licensees to return the form to the commission with the
required fee to renew a license. Once effective, the rule will require the
commission to notify licensees about renewals with a postcard that contains
substantially the same information that is currently on the renewal application
form.
Under the revisions to §535.92, all licensees will be required to
renew online at the commission website with an appropriate payment method.
All information required of the licensee to renew the license may be entered
online. Before amendment, licensees had the option of renewing online or by
mail. According to the amendments, 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 website.
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 reasoned justification for the amendments is 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.
No comments were received regarding the rule as proposed.
The amendments are 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 statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
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 May 4, 2006.
TRD-200602500
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: July 1, 2006
Proposal publication date: March 3, 2006
For further information, please call: (512) 465-3910
22 TAC §535.144
The Texas Real Estate Commission (TREC) adopts amendments
to §535.144 concerning When Acquiring or Disposing of Own Property without
changes to the proposed text as published in the March 3, 2006, issue of the
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. Before adoption of the amendments, §535.144, which is based on §1101.652(a)(3),
required 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 amendments to §535.144
define "first degree of consanguinity" to mean a child or parent of the licensee;
and 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.
The reasoned justification for the amendments is to conform existing rules
to recent statutory revisions.
No comments were received regarding the rule as proposed.
The amendments are 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 statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
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 May 4, 2006.
TRD-200602504
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: May 24, 2006
Proposal publication date: March 3, 2006
For further information, please call: (512) 465-3900
22 TAC §535.210
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.210 concerning Fees without changes to the proposed text as published
in the March 3, 2006, issue of the
Texas Register
(31 TexReg 1406) and will not be republished. The amendment is adopted
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 require licensing and renewal of corporations
and limited liability companies that engage in professional home inspecting
for buyers and sellers in Texas.
The 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 July, 2006, the total amount
due for each renewal is $10 to parallel an existing $10 application fee for
those business entity licenses.
The reasoned justification for the amendment is to conform existing rules
to recent statutory revisions.
No comments were received regarding the rule as proposed.
The amendment 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 statute affected by this adoption is Texas Occupations Code, Chapters
1101 and 1102. No other statute, code or article is affected by the adopted
amendments.
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 May 4, 2006.
TRD-200602503
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Effective date: May 24, 2006
Proposal publication date: March 3, 2006
For further information, please call: (512) 465-3900
Subchapter H. MISCELLANEOUS FORMS
Subchapter I. LICENSES
Subchapter N. SUSPENSION AND REVOCATION OF LICENSURE
Subchapter R. REAL ESTATE INSPECTORS
Chapter 539.
PROVISIONS OF THE RESIDENTIAL SERVICE COMPANY ACT