TITLE 22. EXAMINING BOARDS

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 533. PRACTICE AND PROCEDURE

SUBCHAPTER B. GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE

22 TAC §533.8

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §533.8, Motions for Rehearing, in Chapter 533, Practice and Procedure, without changes, as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2660).

The amendments to §533.8 clarify the ways a motion for rehearing may be filed with the Commission.

The reasoned justification for the amendments is better understanding by respondent's and their counsel on how the Commission can be served with a Motion for Rehearing.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this amendment are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2017.

TRD-201702993

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: August 28, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 936-3092


CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER E. REQUIREMENTS FOR LICENSURE

22 TAC §535.53

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.53, Business Entity; Designated Broker, in Chapter 535, General Provisions, without changes, as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2994).

The amendments to §535.53 clarify the authorized positions by type of entity to alleviate confusion for applicants.

The reasoned justification for the amendments is greater clarity in the rule.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this amendment are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2017.

TRD-201702995

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: August 28, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 936-3092


22 TAC §535.56

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.56, Education and Experience Requirements for a Broker License, in Chapter 535, General Provisions, without changes, as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2660).

The amendments to §535.56 relocate the complete list of course options for the 630 related classroom hours for a broker's license from §535.64(c) for greater clarity for applicants and providers.

The reasoned justification for the amendments is greater clarity in the rules to avoid confusion by applicants and providers.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this amendment are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2017.

TRD-201702996

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: August 28, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 936-3092


SUBCHAPTER F. REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION

22 TAC §535.64

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, in Chapter 535, General Provisions, without changes as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2995).

The amendments to §535.64 add course content guidelines for Real Estate Appraisal, Real Estate Investment, Real Estate Law and Residential Inspection for Real Estate Agents and relocates the complete list of course options for the 630 related classroom hours for a broker's license from §535.64(c) to §535.56 for greater clarity for applicants and providers.

The reasoned justification for the amendments is increased standards for the listed courses leading to better educated license holders.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this amendment are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2017.

TRD-201702997

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: August 28, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 936-3092


SUBCHAPTER I. LICENSE RENEWAL

22 TAC §535.91

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.91, Renewal of a Real Estate License, in Chapter 535, General Provisions without changes as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2661).

The amendments to §535.91 establish a deadline for submission of an application and supporting documentation to be considered a timely filing. This will allow time for review by staff and the opportunity for curing any deficiencies by the entity prior to the license expiration date. It also clarifies the authorized positions by type of entity and sets out the statutory requirement that the entity be authorized to transact business in Texas in the list of what is required for renewal of an entity license for greater clarity for the license holder.

The reasoned justification for the amendments is greater clarity in the rule and to allow adequate time to receive and review documentation required to accompany an entity renewal so that the entity will not be in danger of going inactive.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this amendment are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 8, 2017.

TRD-201702998

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: August 28, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 936-3092