TITLE 22. EXAMINING BOARDS

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER N. SUSPENSION AND REVOCATION OF LICENSURE

22 TAC §535.154

The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to 22 TAC §535.154, Advertising, in Chapter 535, General Provisions.

The amendments are adopted on an emergency basis to align the rules with statutory changes in SB 2212 adopted by the 85th Legislature to be effective September 1, 2017.

The amendments eliminate the current requirement that the advertiser be identified as a broker or sales agent in all advertising.

The amendments are adopted on an emergency basis 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 statute affected by these emergency amendments is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the emergency amendments.

§535.154.Advertising.

(a) - (e) (No change.)

[(f) An advertisement placed by a license holder must include a designation such as "agent," "broker" or a trade association name that serves clearly to identify the advertiser as a real estate agent.]

(f) [(g)] A broker or salesperson may not place an advertisement that in any way:

(1) implies that a salesperson is the person responsible for the operation of a real estate brokerage business; or

(2) causes a member of the public to believe that a person not authorized to conduct real estate brokerage is personally engaged in real estate brokerage.

(g) [(h)] Except as provided by subsections (c) and (f) [(g)] of this section, a business entity licensed as a real estate broker may do business in the name in which it was chartered or registered by the Office of the Secretary of State.

(h) [(i)] A license holder may not use a copyrighted trade name unless the license holder has legal authority to use the name.

(i) [(j)] A real estate license holder placing an advertisement on the Internet, electronic bulletin board, or the like must include on each page on which the license holder's advertisement appears any information required by this section and §1101.652(b)(23) of the Act. For purposes of this subsection, "page" means each html document of a website, which may include several screens of information that are viewed by scrolling down to the end of the document.

(j) [(k)] A real estate license holder placing an advertisement by using an electronic communication, including but not limited to email and email discussion groups, text messages, and social networking websites must include in the communication and in any attachment which is an advertisement, the information required by this section and §1101.652(b)(23) of the Act. For purposes of advertising on social networking websites that limit the number of characters in a communication and the required information would consume more than 10% of the available character limit, a license holder may include a direct hyperlink containing the words "TREC DISCLOSURE" which links to the information required by this section and §1101.652(b)(23) of the Act. If the site does not allow a hyperlink, the link may be spelled out with the words "TREC DISCLOSURE" stated before the link.

(k) [(l)] An advertisement placed where it is likely to attract the attention of passing motorists or pedestrians must contain language that clearly and conspicuously identifies the person publishing the advertisement as a real estate broker or agent. This subsection does not apply to signs placed on or providing directions to real property listed for sale, rental or lease with the broker who has placed the sign, provided the signs otherwise comply with this section and the Act.

(l) [(m)] An advertisement containing an offer to rebate a portion of a license holder's commission must disclose that payment of the rebate is subject to the consent of the party the license holder represents in the transaction. If payment of the rebate is contingent upon a party's use of a selected service provider, the advertisement also must contain a disclosure that payment of the rebate is subject to restrictions.

(m) [(n)] If an advertisement offers, recommends or promotes the use of services of a real estate service provider other than the license holder and the license holder expects to receive compensation if a party uses those services, the advertisement must contain a disclosure that the license holder may receive compensation from the service provider.

(n) [(o)] A license holder may not advertise information regarding service providers that ranks the providers unless the ranking is based on disclosed objective criteria.

(o) [(p)] A license holder may not advertise that the license holder offers, sponsors, or conducts Commission approved courses in conjunction with an approved school or other approved organization unless the license holder is approved by the Commission to offer the courses.

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

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

TRD-201702989

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: September 1, 2017

Expiration date: December 29, 2017

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


SUBCHAPTER S. RESIDENTIAL RENTAL LOCATORS

22 TAC §535.300

The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to 22 TAC §535.300, Advertising by Residential Rental Locators, in Chapter 535, General Provisions.

The amendments are adopted on an emergency basis to align the rules with statutory changes in SB 2212 adopted by the 85th Legislature to be effective September 1, 2017.

The amendments eliminate the current required reference to the Commission in all advertising.

The amendments are adopted on an emergency basis 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 statute affected by these emergency amendments is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the emergency amendments.

§535.300.Advertising by Residential Rental Locators.

(a) - (b) (No change.)

(c) Advertisements in a printed publication comply with subsection (b) of this section if the publication in which an advertisement appears contains this notice at the beginning of the section in which the advertisement appears: Notice: Residential rental locators [are required to be licensed by the Texas Real Estate Commission (P.O. Box 12188, Austin, Texas 78711-2188, (512) 936-3000 or (512) 936-3005). Locators] may advertise apartment units in general terms, and all units may not have the same features. The amount of rent quoted in an advertisement may be the starting rent for a basic unit or for a unit which does not have all advertised features.

(d) - (f) (No change.)

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

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

TRD-201702990

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: September 1, 2017

Expiration date: December 29, 2017

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