Part 23. TEXAS REAL ESTATE COMMISSION
Chapter 535. GENERAL PROVISIONS
Subchapter N. SUSPENSION AND REVOCATION OF LICENSURE
The Texas Real Estate Commission (TREC) adopts amendments to §535.141, concerning Initiation of Investigation without changes to the proposed text as published in the December 28, 2007, issue of the Texas Register (32 TexReg 9906) and will not be republished.
The amendments to §535.141(a) and (b) are adopted to comply with new legislation that amended Texas Occupations Code Chapters 1101 and 1102 enacted during the 80th Legislative Session, Regular Session, by Senate Bill 914. Senate Bill 914 in part amends Texas Occupations Code §1101.204 to authorize commission staff to file complaints and conduct investigations as necessary to enforce Chapter 1101 and Chapter 1102. The amendment to §535.141(a) clarifies that the section applies to all persons licensed or registered by the Texas Real Estate Commission, including persons licensed under Chapter 1102. The amendment to §535.141(b) deletes references that are redundant or conflict with the recent amendments to §1101.204.
The new text in §535.141(b) is adopted to comply with new legislation that included amendments to Texas Government Code §402.031 enacted during the 80th Legislative Session, Regular Session, by House Bill 716 relating to mortgage fraud. The amendments to §535.141(b) recognize that while Texas Occupations Code §1101.204(e) does not permit staff to conduct convert investigations except as authorized by the commission, such investigations may be conducted if they relate to a report of fraudulent activity as defined in §402.031. Similarly, the amendments reflect that while Texas Occupations Code §1101.204(d) requires TREC to provide notice to a licensee who is the subject of an investigation, new Texas Government Code §402.031 requires TREC to withhold such information from the subject of the report if it is a report of fraudulent activity as defined in §402.031.
The reasoned justification for the rule as adopted is compliance with recent statutory revisions as described above.
No comments were received regarding the amendments as proposed.
The amendments to the rule 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 statutes affected by the amendments are Texas Occupations Code, Chapters 1101 and 1102, and Texas Government Code, Chapter 402. No other statute, code or article is affected by the 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 March 3, 2008.
TRD-200801272
Loretta R. DeHay
Assistant Administrator and General Counsel
Texas Real Estate Commission
Effective date: March 23, 2008
Proposal publication date: December 28, 2007
For further information, please call: (512) 465-3900