ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS PART XXIII. Texas Real Estate Commission CHAPTER 535. Provisions of the Real Estate License Act Licenses 22 TAC sec.535.91 The Texas Real Estate Commission adopts an amendment to sec.535.91, concerning renewal applications by real estate licensees, without changes to the proposed text as published in the April 23, 1996, issue of the Texas Register ( 21 TexReg 3500). The amendment adopts by reference a revised application form used by a person renewing a license. Adoption of the amendment is necessary to revise the form to replace archaic language referring to license certification with current language referring to status of license. No comments were received regarding the proposed amendment. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. 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. Issued in Austin, Texas, on June 25, 1996. TRD-9609088 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: July 16, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 465-3900 Residential Rental Locators 22 TAC sec.535.300 The Texas Real Estate Commission adopts an amendment to sec.535.300, concerning residential rental locators, without changes to the proposed text as published in the April 23, 1996, issue of the Texas Register (21 TexReg 3500). The amendment clarifies the scope of the advertising guidelines applicable to residential rental locators by defining the term "advertising" to include advertising in printed form, signs or advertising using radio, television or personal computers. The amendment also clarifies that locators are required to obtain the consent of the owner of the unit or the owner's authorized agent prior to advertising the unit . The penalties for violation of the advertising guidelines have been added to the section to emphasize the importance of locators complying with the section. Adoption of the amendment is necessary to ensure that residential rental locators understand the scope of the advertising guidelines established by the section and the consequences of non-compliance. One comment was received from a locator opposing adoption of the amendment requiring locators to obtain the consent of a unit's owner or the owner's agent before advertising the unit. The commenter contended that the regulation would be expensive and unnecessary. The commission adopted the section with the consent requirement because licensed real estate brokers and salesmen are already obligated by law to obtain consent of the owner or the owner's agent, and the amendment is necessary to clarify the obligations of licensees acting as residential rental locators. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.24(c), which authorize the Texas Real Estate Commission to adopt regulations relating to permissible forms of advertising by residential rental locators. 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. Issued in Austin, Texas, on June 25, 1996. TRD-9609089 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 1, 1996 Proposal publication date: April 23, 1996 For further information, please call: (512) 465-3900 PART VII. Texas Commission on Law Enforcement Officer Standards and Education CHAPTER 211. Administration Division 37 TAC sec.211.9 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts amendments to sec.211.9, concerning contested cases and hearings before the commission, without changes to the proposed text as published in the April 19, 1996, edition of the Texas Register (21 TexReg 3419). These amendments incorporate references to the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001, which governs administrative procedures for state agencies, and removes references to Texas Civil Statutes, Article 6252-13a, which has been superseded. No comments were received regarding adoption of the amendments. These amendments are adopted under Texas Government Code Annotated, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; under sec.415.009, which subjects the commission to the requirements of the administrative procedure law; and under Texas Government Code Annotated, Chapter 2001 et seq., which establishes the rulemaking requirements for the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 26, 1996. TRD-9609045 Don Perry Chief, Field Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: July 15, 1996 Proposal publication date: April 19, 1996 For further information, please call: (512) 450-0188 37 TAC sec.211.20 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts amendments to sec.211.20, concerning rulemaking procedures, without changes to the proposed text as published in the April 19, 1996, edition of the Texas Register (21 TexReg 3420). These amendments incorporate references to the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001 et seq., which governs administrative procedures for state agencies; remove references to Texas Civil Statutes, Article 6252-13a, which has been superseded; and clarify language relating to submission of requests for the adoption of rules. No comments were received regarding adoption of the amendments. These amendments are adopted under Texas Government Code Annotated, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; under sec.415.009, which subjects the commission to the requirements of the administrative procedure law; and under Texas Government Code Annotated, Chapter 2001 et seq., which establishes the rulemaking requirements for the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 26, 1996. TRD-9609046 Don Perry Chief, Field Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: July 15, 1996 Proposal publication date: April 19, 1996 For further information, please call: (512) 450-0188 37 TAC sec.211.86 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.211.86, concerning revocation of licenses issued by the commission, without changes to the proposed text as published in the April 19, 1996, edition of the Texas Register (21 TexReg 3420). The provisions of this section are incorporated into new sec.223.7. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Government Code Annotated, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415, and under Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001 et seq., which establishes the rulemaking requirements for the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 26, 1996. TRD-9609048 Don Perry Chief, Field Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: July 15, 1996 Proposal publication date: April 19, 1996 For further information, please call: (512) 450-0188 CHAPTER 213. Law Enforcement Management Institute 37 TAC sec.sec.213.1, 213.3, 213.10, 213.20, 213.50, 213.60 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts the repeal of sec.sec. 213.1, 213.3, 213.10, 213.20, 213.50, 213.60, concerning the Law Enforcement Management Institute, without changes to the proposed text as published in the April 19, 1996, edition of the Texas Register (21 TexReg 3421). Responsibility for the Institute has been transferred to another state agency, and these sections are no longer necessary. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Government Code Annotated, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; and under Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001 et seq., which establishes the rulemaking requirements for the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 26, 1996. TRD-9609049 Don Perry Chief, Field Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: July 15, 1996 Proposal publication date: April 19, 1996 For further information, please call: (512) 450-0188 CHAPTER 223. Enforcement and Compliance Matters Division 37 TAC sec.223.7 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts new sec.223.7, concerning the revocation of licenses issued by the commission, without changes to the proposed text as published in the April 19, 1996, edition of the Texas Register (21 TexReg 3421). The new section clarifies the provisions of sec.211.86, which is being repealed, and incorporates legislative requirements concerning the immediate revocation of licenses based on felony conviction. No comments were received regarding the adoption of the new section. The new section is adopted under Texas Government Code Annotated, Chapter 415, sec.415.010, which authorizes the commission to promulgate rules for the administration of Chapter 415; under sec.415.058 and sec.415.060 as amended, which define the circumstances under which a license issued by the commission may be revoked and the procedure for effecting such revocation; and under the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001 et seq., which establishes the rulemaking requirements for the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 26, 1996. TRD-9609044 Don Perry Chief, Field Operations Texas Commission on Law Enforcement Officer Standards and Education Effective date: July 15, 1996 Proposal publication date: April 19, 1996 For further information, please call: (512) 450-0188