TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 133. LICENSING

SUBCHAPTER G. EXAMINATIONS

22 TAC §133.67

The Texas Board of Professional Engineers and Land Surveyors (Board) adopts an amendment to 22 Texas Administrative Code, Subchapter G, Chapter 133, §133.67, regarding examinations on the Principles and Practice of Engineering without changes to the proposed text as published in the January 1, 2021, issue of the Texas Register (46 TexReg 50). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The rules under 22 Texas Administrative Code Chapter 133 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act.

Board rule §133.67 (Related to Examination on the Principles and Practice of Engineering) has a requirement that examinees taking the Principles and Practice of Engineering examination must complete the exam in a specified number of years. The adopted rule extends the examination deadline by one year for applicants for licensure as a professional engineer in Texas who have been unable to take the Principles and Practice of Engineering examination as a result of examination cancellations due to the COVID-19 pandemic.

PUBLIC COMMENT

Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rule. The 30-day public comment period began on January 1, 2021, and ended January 31, 2021. The Board received no comments from the public.

STATUTORY AUTHORITY

The rule is adopted pursuant to Texas Occupations Code §§1001.101 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state. This rule is also adopted under Texas Occupations Code §1001.2721, which authorizes the Board to adopt, recognize, develop, or contract for an examination.

No other codes, articles, or statutes are affected by this adoption.

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 March 1, 2021.

TRD-202100833

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Effective date: March 21, 2021

Proposal publication date: January 1, 2021

For further information, please call: (512) 440-3080


CHAPTER 138. COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS

SUBCHAPTER E. PROFESSIONAL AND TECHNICAL STANDARDS

22 TAC §138.81

The Texas Board of Professional Engineers and Land Surveyors (Board) adopts a new rule to 22 Texas Administrative Code, Chapter 138, specifically §138.81, regarding professional practice requirements for professional land surveyors in Texas without changes to the proposed texas as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8819). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 22 Texas Administrative Code Chapter 138 implement Texas Occupations Code, Chapter 1001, the Texas Engineering Practice Act, and Occupations Code, Chapter 1071, the Professional Land Surveying Practices Act.

The adopted rule implements necessary changes as required by House Bill (HB) 1523, 86th Legislature, Regular Session (2019), related to the merger of operations of the Texas Board of Professional Engineers and the Texas Board of Professional Land Surveying into the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

As required by HB 1523, the operations of the two agencies have been merged into one, including compliance and enforcement and professional practice requirements for Registered Professional Land Surveyors (RPLS) and Licensed State Land Surveyors (LSLS). The Texas Board of Professional Land Surveying's rules (22 Texas Administrative Code, Chapter 663), relating to standards of professional responsibility and rules of conduct for land surveyors, have been merged into Chapter 138 per the guidance of the Secretary of State. These rules have been formatted to be similar to the compliance and professionalism rules for engineers (Chapter 137), and edited for formatting and clarity.

PUBLIC COMMENT

Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The 30-day public comment period began on December 11, 2020, and ended January 10, 2021. The Board received no comments from the public.

STATUTORY AUTHORITY

The rule is adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Act and Texas Occupations Code §1071, as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

No other codes, articles, or statutes are affected by this adoption.

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 March 1, 2021.

TRD-202100832

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Effective date: March 21, 2021

Proposal publication date: December 11, 2020

For further information, please call: (512) 440-3080


PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.15

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.15, Experience Required for Licensing, without changes to the proposed text, as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8447). The rule will not be republished.

The amendments clarify the type of supporting documentation that must be submitted to TALCB to verify an applicant's experience and the circumstances when additional documentation may be requested by TALCB.

The amendments also allow TALCB staff to inform supervisory appraisers of its communications with supervisory appraisers' respective trainee, and to provide supervisory appraisers a better understanding of a trainee's progress in the licensure process and professional development.

No comments were received on the amendments as published.

The amendments are adopted under Occupations Code §1103.151, which allows TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee in this state that are in accordance with Chapter 1103 and consistent with applicable federal law.

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 February 26, 2021.

TRD-202100820

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: March 18, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3652


22 TAC §153.24

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.24, Complaint Processing, without changes to the proposed text as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8448). The rule will not be republished.

The amendments clarify the process in which complaints or allegations that staff determines are not within the TALCB's jurisdiction; found not to exist; or are inappropriate or without merit are investigated and dismissed in accordance with Texas Occupations Code §1103.452.

No comments were received on the amendments as published.

The amendments are adopted under Occupations Code §1103.151, which allows TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

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 February 26, 2021.

TRD-202100821

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: March 18, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3652


22 TAC §153.28

The Texas Appraiser Licensing and Certification Board (TALCB) adopts new rule §153.28, Peer Investigative Committee Review, without changes to the proposed text, as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8453). The rule will not be republished.

The new rule outlines the complaint review process of the Peer Investigative Committee pursuant to Texas Occupations Code §1103.453. The new rule identifies who may serve on the committee, terms of appointment, delineates functions of the committee members and TALCB staff in the review process, and establishes process deadlines. The rule also specifies the types of complaints that are subject or not subject to the review of the Peer Investigative Committee, and the manner committee members and staff may communicate during the review process.

The new rule is intended to more clearly establish the agency's Peer Investigative Committee Review process and identify the roles of both committee members and TALCB staff. This rule also allows the Peer Investigative Committee members to provide TALCB Enforcement Division recommendations on complaints where adverse action is sought.

No comments were received on the new rule as published.

The new rule is adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

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 February 26, 2021.

TRD-202100822

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: March 18, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3652


PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 295. PHARMACISTS

22 TAC §295.13

The Texas State Board of Pharmacy adopts amendments to §295.13, concerning Drug Therapy Management by a Pharmacist under Written Protocol of a Physician. These amendments are adopted without changes to the proposed text as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8822). The rule will not be republished.

The amendments update the notification requirements for a pharmacist who signs a prescription for a dangerous drug pursuant to a written protocol and corrects grammatical errors.

The Board received a comment from Jeenu Phillip with Walgreen Co. expressing concern about requiring a pharmacy to submit a copy of the initial written protocol and any updates to the Board, and suggested that the Board remove these requirements, or alternatively, require a copy of the initial written protocol and any updates to be retained by the pharmacy and made available to the Board upon request. The Board declines to make these changes as §157.101(b-1)(2)(E) of the Texas Occupations Code requires that the pharmacist submit a copy of the protocol to the Board.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 February 22, 2021.

TRD-202100717

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Effective date: March 14, 2021

Proposal publication date: December 11, 2020

For further information, please call: (512) 305-8010


CHAPTER 315. CONTROLLED SUBSTANCES

22 TAC §315.15

The Texas State Board of Pharmacy adopts amendments to 22 TAC §315.15, concerning Access Requirements. These amendments are adopted without changes to the proposed text as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8825). The rule will not be republished.

The amendments clarify that the duty to consult the Prescription Monitoring Program database before dispensing an opioid, benzodiazepine, barbiturate, or carisoprodol is limited to outpatient prescriptions.

No comments were received.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

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 February 22, 2021.

TRD-202100718

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Effective date: March 14, 2021

Proposal publication date: December 11, 2020

For further information, please call: (512) 305-8010


PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 534. GENERAL ADMINISTRATION

22 TAC §534.7

The Texas Real Estate Commission (TREC) adopts the repeal of 22 TAC §534.7, Vendor Protest Procedures, in Chapter 534, General Administration, without changes to the text, as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8470). The rule will not be republished.

The repeal of §534.7 eliminates the agency's use of vendor protest procedures adopted by the Texas Facilities Commission. TREC will replace these vendor protest procedures in rule with a new set of vendor protest procedures that better meet the agency's needs and provide greater transparency to both members of the public and parties seeking to protest.

No comments were received on the repeal as published.

The repeal is 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.

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 February 24, 2021.

TRD-202100798

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: March 16, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3284


22 TAC §534.7

The Texas Real Estate Commission (TREC) adopts new 22 TAC §534.7, Vendor Protest Procedures, in Chapter 534, General Administration, without changes to the proposed text as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8470). The rule will not be republished.

The adopted new §534.7 creates new vendor protest procedures that better meet the agency's needs than the previous version. This new rule also more clearly establishes the agency's protest review and appeal process and identifies the roles and requirements of both TREC staff and the protesting party.

No comments were received on the amendments as published.

The new rule is 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.

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 February 24, 2021.

TRD-202100799

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: March 16, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3284


CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER I. LICENSE RENEWAL

22 TAC §535.91

The Texas Real Estate Commission (TREC) adopts an amendment to 22 TAC §535.91, Renewal of a Real Estate License, in Chapter 535, General Provisions, with non-substantive changes to the proposed text, as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8472). The rule will be republished. The non-substantive changes update "of this chapter" to "of this title" throughout the section to conform to Texas Register referencing preferences.

The amendment to §535.91 corrects a reference within the rule to include the appropriate subsection.

No comments were received on the amendment as published.

The amendment is 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.

§535.91.Renewal of a Real Estate License.

(a) Renewal application.

(1) A real estate license expires on the date shown on the face of the license issued to the license holder.

(2) If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license:

(A) file a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission;

(B) submit the appropriate fee required by §535.101 of this title (relating to Fees);

(C) comply with the fingerprinting requirements under the Act; and

(D) except as provided for in subsection (g) of this section, satisfy the continuing education requirements applicable to that license.

(3) The Commission may request additional information be provided to the Commission in connection with a renewal application.

(4) A license holder is required to provide information requested by the Commission not later than the 30th day after the date the commission requests the information. Failure to provide information is grounds for disciplinary action.

(b) Renewal Notice.

(1) The Commission will deliver a license renewal notice to a license holder three months before the expiration of the license holder's current license.

(2) If a license holder intends to renew a license, failure to receive a license renewal notice from the Commission does not relieve a license holder from the requirements of this subsection.

(3) The Commission has no obligation to notify any license holder who has failed to provide the Commission with the person's mailing address and email address or a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or partner who meets the requirements of the Act.

(c) Timely renewal of a license.

(1) A renewal application for an individual broker or sales agent is filed timely if it is received by the Commission, or postmarked, on or before the license expiration date.

(2) A renewal application for a business entity broker is filed timely if the application and all required supporting documentation is received by the Commission, or postmarked, not later than the 10th business day before the license expiration date.

(3) If the license expires on a Saturday, Sunday or any other day on which the Commission is not open for business, a renewal application is considered to be filed timely if the application is received or postmarked no later than the first business day after the expiration date of the license.

(d) Initial renewal of sales agent license. A sales agent applying for the first renewal of a sales agent license must:

(1) submit documentation to the Commission showing successful completion of the additional educational requirements of §535.55 of this title (relating to Education and Sponsorship Requirements for a Sales Agent License) no later than 10 business days before the day the sales agent files the renewal application; and

(2) fulfill the continuing education requirements of §535.92(a)(1), (a)(2), and (a)(4) of this title (relating to Continuing Education Requirements), if applicable.

(e) Renewal of license issued to a business entity. The Commission will not renew a license issued to a business entity unless the business entity:

(1) has designated a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner who:

(A) is a licensed broker in active status and good standing with the Commission; and

(B) completes any applicable continuing education required under §535.92 of this title;

(2) maintains errors and omissions insurance with a minimum annual limit of $1 million per occurrence if the designated broker owns less than 10 percent of the business entity; and

(3) is currently eligible to transact business in Texas.

(f) Renewal and pending complaints.

(1) The Commission may renew the current license of a license holder that has a complaint pending with the Commission, provided the license holder meets all other applicable requirements of this section.

(2) Upon completion of the investigation of the pending complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001.

(g) Renewal with deferred continuing education.

(1) A license holder may renew an active license without completion of required continuing education and may defer completion of any outstanding continuing education requirements for an additional 60 days from the expiration date of the current license if the license holder:

(A) meets all other applicable requirements of this section; and

(B) pays the continuing education deferral fee required by §535.101 of this title at the time the license holder files the renewal application with the Commission.

(2) If after expiration of the 60 day period set out in paragraph (1) of this subsection, the Commission has not been provided with evidence that the license holder has completed all outstanding continuing education requirements, the license holder's license will be placed on inactive status.

(3) To activate an inactive license, the license holder must meet the requirements of Subchapter L of this Chapter.

(4) Credit for continuing education courses for a subsequent licensing period does not accrue until after all deferred continuing education has been completed for the current licensing period.

(h) Denial of Renewal. The Commission may deny an application for renewal of a license if the license holder is in violation of the terms of a Commission order.

(i) Renewal of license for military service member. A license holder on active duty in the United States armed forces is entitled to two years of additional time to renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder:

(1) provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty during the license holder's last renewal period; and

(2) pays the renewal application fee in effect when the previous license expired.

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 February 24, 2021.

TRD-202100800

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: March 16, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3284


SUBCHAPTER Q. ADMINISTRATIVE PENALTIES

22 TAC §535.191

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.191, Schedule of Administrative Penalties, in Chapter 535, General Provisions, without changes to the proposed text as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8474). The rule will not be republished.

The amendment corrects a reference within the agency's schedule of administrative penalties that corresponds to statutory changes enacted by the 86th Legislature in SB 624.

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.

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 February 24, 2021.

TRD-202100801

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: March 16, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3284


SUBCHAPTER R. REAL ESTATE INSPECTORS

22 TAC §535.216

The Texas Real Estate Commission (TREC) adopts amendments to §535.216, Renewal of License, in Subchapter R of Chapter 535, General Provisions, without changes to the proposed text, as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8475). The rule will not be republished.

The amendments implement statutory changes enacted by the 83rd Legislature in HB 2911 stating that applicants for reinstatement of license under Chapter 1102 of the Texas Occupations Code who previously held the same license within the two years preceding the application date are eligible for reinstatement so long as they have completed the required continuing education hours for renewal and satisfy the agency's requirements for honesty, trustworthiness, and integrity. Applicants meeting those criteria are not required to retake the exam for licensure. Additionally, applicants for a real estate inspector license reinstatement must submit evidence of sponsorship by a professional inspector.

The amendments were recommended by the Texas Real Estate Inspector Committee.

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.

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 February 24, 2021.

TRD-202100797

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: March 16, 2021

Proposal publication date: November 27, 2020

For further information, please call: (512) 936-3284


CHAPTER 537. PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS

22 TAC §537.45, §537.52

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.45, Standard Contract Form TREC No. 38-6 and §537.52, Standard Contract Form TREC No. 45-1 and the forms adopted by reference in Chapter 537, Professional Agreements and Standard Contracts, without changes to the proposed text or forms adopted by reference, as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8825). The rules will not be republished.

Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted and recommended for proposal by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor.

The Broker-Lawyer Committee previously recommended revisions to the contract forms adopted by reference under Chapter 537 to address issues that have arisen since the last contract revisions. Changes to those contract forms were adopted at the November 10, 2020, Commission meeting. These amendments are for two contract forms which were inadvertently omitted during the previous round of revisions. The amendments correct a paragraph reference to align with those changes.

The Notice of Buyer's Termination of Contract adopted by reference in §537.45 is amended to correct a reference in Paragraph 1. The reference to Paragraph 23 is replaced with a reference to Paragraph 5 to align with the previous changes made to the contract forms.

The Short Sale Addendum adopted by reference in §537.52 is amended to correct a reference in paragraph F. The reference to Paragraph 23 is replaced with a reference to Paragraph 5 to align with the previous changes made to the contract forms.

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.

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 February 24, 2021.

TRD-202100795

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: April 1, 2021

Proposal publication date: December 11, 2020

For further information, please call: (512) 936-3057