TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 108. PROFESSIONAL CONDUCT

SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.2, pertaining to fair dealing. The amendment pertains to the sale, design, and manufacture of orthodontic devices as set out in House Bill 4070 of the 89th Texas Legislature, Regular Session (2025), and codified at Section 431.024 of the Health and Safety Code. The bill seeks to protect patients from unsafe practices by establishing requirements for a person selling an orthodontic device or providing a service related to the design or manufacture of such a device to patients in Texas. The amendment also includes grammatical changes. The amendment is adopted without changes to the proposed text as published in the April 3, 2026, issue of the Texas Register (51 TexReg 2179) and will not be republished.

The American Association of Orthodontists (AAO) and the Texas Association of Orthodontists (TAO) submitted a written comment in support of the rule as proposed. They provide that the amendment appropriately reinforces patient protections by ensuring that patients are not required to agree to a specific orthodontic device as a condition of receiving an examination.

Board response: No changes were made to the proposal as a result of the comment.

The Texas Academy of General Dentistry (TAGD) submitted a written comment in support of the rule as proposed to implement the provisions of House Bill 4070 regarding orthodontic devices.

Board response: No changes were made to the proposal as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety, and under Health and Safety Code §431.024.

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 May 8, 2026.

TRD-202601964

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: May 28, 2026

Proposal publication date: April 3, 2026

For further information, please call: (737) 363-2333

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.7, pertaining to the minimum standard of care. The amendment pertains to the sale, design, and manufacture of orthodontic devices as set out in House Bill 4070 of the 89th Texas Legislature, Regular Session (2025), and codified at Section 431.024 of the Health and Safety Code. The bill seeks to protect patients from unsafe practices by establishing requirements for a person selling an orthodontic device or providing a service related to the design or manufacture of such a device to patients in Texas, including requiring an in-person examination. The amendment is adopted without changes to the proposed text as published in the April 3, 2026, issue of the Texas Register (51 TexReg 2180) and will not be republished.

The American Association of Orthodontists (AAO) and the Texas Association of Orthodontists (TAO) submitted a written comment in support of the rule as proposed. They provide that the addition of subsection (17) effectively ties compliance with Section 431.024 to enforceable standards of care, ensuring that the statutory requirements are meaningfully integrated into the Board's disciplinary framework.

Board response: No changes were made to the proposal as a result of the comment.

The Texas Academy of General Dentistry (TAGD) submitted a written comment in support of the rule as proposed to implement the provisions of House Bill 4070 regarding orthodontic devices.

Board response: No changes were made to the proposal as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety, and under Health and Safety Code §431.024.

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 May 8, 2026.

TRD-202601965

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: May 28, 2026

Proposal publication date: April 3, 2026

For further information, please call: (737) 363-2333

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.8, pertaining to the records of the dentist. The amendment pertains to the sale, design, and manufacture of orthodontic devices as set out in House Bill 4070 of the 89th Texas Legislature, Regular Session (2025), and codified at Section 431.024 of the Health and Safety Code. The bill seeks to protect patients from unsafe practices by establishing requirements for a person selling an orthodontic device or providing a service related to the design or manufacture of such a device to patients in Texas. The amendment also corrects a grammatical error. The amendment is adopted without changes to the proposed text as published in the April 3, 2026, issue of the Texas Register (51 TexReg 2181) and will not be republished.

The American Association of Orthodontists (AAO) and the Texas Association of Orthodontists (TAO) submitted a written comment in support of the rule as proposed. They provide that the amendment to subsection (d) provides clear and practical documentation requirements, including patient acknowledgment of counseling and appropriate record retention, which will support both compliance and enforcement.

Board response: No changes were made to the proposal as a result of the comment.

The Texas Academy of General Dentistry (TAGD) submitted a written comment in support of the rule as proposed. While they understand that the requirement in §108.8(d)(2) to retain records for at least seven years is taken directly from House Bill 4070 and would require legislative action beyond the Board's control to amend, they would support efforts to align this provision with the five-year retention requirement for other records.

Board response: No changes were made to the proposal as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety, and under Health and Safety Code §431.024.

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 May 8, 2026.

TRD-202601966

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: May 28, 2026

Proposal publication date: April 3, 2026

For further information, please call: (737) 363-2333

CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §114.12, pertaining to continuing education for registered dental assistant (RDA) certificate holders. The adopted amendment will allow RDAs to complete their continuing education hours, including clinical hours, through Board-approved self-study, interactive computer courses, or lecture courses. The Board has required clinical hours to be completed through a live course; however, allowing clinical hours to be completed through self-paced or online formats will improve accessibility, efficiency, and affordability while maintaining educational quality. The amendment is adopted without changes to the proposed text as published in the April 3, 2026, issue of the Texas Register (51 TexReg 2183) and will not be republished.

Alyssa Russell, RDA, submitted a written comment in opposition of the rule as proposed. She states that requiring a live continuing education course gives her the opportunity to perform hands-on training, ask questions, learn new skills or regulatory requirements, and learn from others who are taking the same course.

Board response: The proposal gives RDAs the option to take their clinical continuing education hours through either an online format or a live format. No changes were made to the proposal as a result of the comment.

The Texas Dental Assistants Association (TDAA) submitted a written comment in opposition of the rule as proposed. TDAA is concerned that other than live continuing education on specific topics could jeopardize patient care. Many of the skills required of the dental assistant are focused on the educated and trained dental assistant and should only require hands-on learning. TDAA provides that live continuing education allows for immediate feedback from the instructor and, in smaller groups, individualized instruction, which also gives participants an opportunity to share learning experiences with each other. TDAA is also aware that, in some instances, the individual may be distracted while taking an online course, fail to finish the course, and possibly retain little, if any, of the instruction offered. TDAA also provides that dentists who invest in live staff professional development is a key activity that helps avoid burnout and staff turnover.

Board response: The proposal gives RDAs the option to take their clinical continuing education hours through either an online format or a live format. No changes were made to the proposal as a result of the comment.

The Texas Academy of General Dentistry (TAGD) submitted a written comment in support of the rule as proposed. TAGD provides that allowing RDAs more flexibility in how they take continuing education hours will improve accessibility, efficiency, and affordability while maintaining educational quality and supporting stronger dental teams.

Board response: No changes were made to the proposal as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

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 May 8, 2026.

TRD-202601967

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: May 28, 2026

Proposal publication date: April 3, 2026

For further information, please call: (737) 363-2333

CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE

The State Board of Dental Examiners (Board) adopts this repeal of 22 TAC §115.20, concerning the dental hygiene advisory committee. The adopted rule repeal implements Senate Bill 313 of the 85th Texas Legislature, Regular Session (2017). The bill repealed Subchapter B, Chapter 262 of the Texas Occupations Code, which pertained to the dental hygiene advisory committee. The Board no longer uses the committee. This repeal is adopted with no changes to the proposed text as published in the April 3, 2026 issue of the Texas Register (51 TexReg 2184), and will not be republished.

No comments were received regarding adoption of this rule repeal.

This repeal is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

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 May 8, 2026.

TRD-202601968

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: May 28, 2026

Proposal publication date: April 3, 2026

For further information, please call: (737) 363-2333

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 537. PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS

The Texas Real Estate Commission (TREC) adopts amendments to §537.20, Standard Contract Form TREC No. 9-17, Unimproved Property Contract; §537.22, Standard Contract Form TREC No. 11-8, Addendum for "Back-Up" Contract; §537.28, Standard Contract Form TREC No. 20-18, One to Four Family Residential Contract (Resale); §537.30, Standard Contract Form TREC No. 23-19, New Home Contract (Incomplete Construction); §537.31, Standard Contract Form TREC No. 24-19, New Home Contract (Completed Construction); §537.32, Standard Contract Form TREC No. 25-16, Farm and Ranch Contract; §537.37, Standard Contract Form TREC No. 30-17, Residential Condominium Contract (Resale); §537.43, Standard Contract Form TREC No. 36-10, Addendum for Property Subject to Mandatory Membership in a Property Owners Association; §537.46, Standard Contract Form TREC No. 39-10, Amendment to Contract; and §537.68, Standard Contract Form TREC No. 61-0, Water Notice: Seller's Disclosure about Groundwater and Surface Water Rights (NEW), in Chapter 537, Professional Agreements and Standard Contracts, with non-substantive changes to some of the forms adopted by reference under these rules (described below), as well as a non-substantive change to the title of rule §537.68, as published in the February 27, 2026, issue of the Texas Register (51 TexReg 1252). The rule text for §§537.20, 537.22, 537.28, 537.30 - 537.32, 537.37, 537.43, and 537.46 will not be republished. The rule text for §537.68 will be republished. The revised forms adopted by reference are available through the Commission's website at www.trec.texas.gov.

Each of the rules correspond to contract forms adopted by reference. Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contracts for the sale of real property. These forms are drafted and recommended for adoption 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 Texas Real Estate Broker-Lawyer Committee recommended revisions to the contract forms adopted by reference under the amendments.

The term "generators" has been added to Paragraph 2B, Improvements, to reflect the increased prevalence of generators on properties.

In Paragraph 5A(2), a definition of "Legal Holiday" has been added to provide better clarity. The term is also capitalized in the Addendum for "Back-Up" Contract.

In Paragraph 5 and the receipt page, as well as in the Amendment to Contract and the Addendum for "Back-Up" Contract, the terms "option fee," "earnest money," and "contract", as applicable, are now in lower case because they are not considered defined terms.

A change is made to the seller's disclosure notice reference in Paragraph 7B for consistency in terminology.

In the Commission's recent Special-Purpose Review by the Sunset Advisory Commission, Sunset directed the Commission to add language to contract forms to provide prospective buyers with relevant information on groundwater and surface water rights associated with a property. To that end, a new Paragraph 7(I) has been added to the contract forms (not including the Residential Condominium Contract (Resale)) and a new Seller's Disclosure About Groundwater and Surface Water Rights has been created.

In light of changes to industry practices surrounding compensation, Paragraph 12 has been reworded and reorganized and a new Paragraph 12B has been added related to brokerage compensation. The Amendment to Contract form has been updated to align with these changes and Paragraph 8B has also been removed. Additionally, the disclosure at the bottom of Page 10 related to compensation between brokers has been removed to help eliminate confusion.

The title of Paragraph 20 has been amended to "Governmental Requirements" from "Federal Requirements" and language has been added to Paragraph 20B, which requires the parties to provide information needed by the escrow agent for any governmental reporting requirements.

Paragraph 21 (Notices) was amended to clarify the acceptable delivery methods and that notices are effective when sent to a party or that party's agent. The revised paragraph also provides more options for buyer, seller, and agent contact information.

To streamline and improve usability, the committee recommended that all addenda and notices be incorporated into Paragraph 22 and reorganized into clearly labeled categories: Financial, Leases, Additional Tests and Reports, Statutory Disclosures and Notices, and Other. Several references requiring addenda to be attached were removed from Paragraph 6, and one subsection,- Paragraph 6(E)(12)- was struck entirely to reduce redundancy.

The Broker Information page (now retitled "Broker Contact Information") has been further reorganized with updated formatting and terminology to better reflect industry practice.

The terms "Listing Broker" and "Other Broker" have been replaced with the terms "Seller's Broker" and "Buyer's Broker" in the contracts.

Paragraph H of the Addendum for "Back-Up" Contract is also revised to change the timing of the Amended Effective Date to the date the Seller delivers the notice of termination instead of the date the Buyer receives it.

The Addendum for Property Subject to Mandatory Membership in a Property Owners Association has been modified in Paragraph A(2) so that the buyer is not obligated to provide subdivision information to a seller under that provision. Clarifying language is also added to Paragraph C to address any conflicts that may arise. The term "Effective Date" is also capitalized in the form.

75 comments were received in total on all of the proposed changes to the contract forms.

Two comments were generally in support of the proposed changes. One comment raised concerns about the inclusion of "generators" in Paragraph 2B. Two commenters were in support of the inclusion of a definition of "legal holiday," with one cautioning that using a statutory citation may be more confusing and suggesting that the committee spell out the holidays. One commenter did not like the current seller's disclosure language in some of the contract forms. The committee discussed, but declined to make changes.

One commenter was against the proposed removal of language referencing a separate addendum in Paragraphs 6E(4), (7), and (9). The committee explained that the language was removed to avoid redundancy with the proposed language in Paragraph 22.

Regarding Paragraph 12, seven comments were generally against the proposed changes. 17 comments (some from the same commenter) stated that the change was confusing with six suggesting the language should be modeled after the Texas Realtors' Commercial Contract and one suggesting that language be added to clarify whether the amount will be reduced because of language in the listing agreement. Three commenters wanted the language in the paragraph to be reordered. Four commenters did not see the utility of the language in Paragraph 12B(2), which allows a buyer to contribute to compensation owed by a seller. One commenter liked the changes, but requested that the paragraphs be reordered and the language further stress that it will not change the parties' obligations to pay. The committee discussed, but noted that these issues were previously considered and declined to make any changes as a result of these comments. Four comments specifically noted the Farm and Ranch Contract and asked for changes to the paragraph in light of the ratification and payment language in that contract, with one wanting the other contracts to be modeled after the Farm and Ranch Contract. The committee discussed and decided to change the language in the Broker's Fee section of the Farm and Ranch Contract to read "DO NOT SIGN IF THERE IS A SEPARATE AGREEMENT FOR PAYMENT OF BROKERS' FEES OR IF CONTRIBUTIONS ARE TO BE PAID UNDER PARAGRAPH 12B(1) OR (2)." Two commenters requested that 12(B) not be restricted to only checking one box (either the percentage or flat fee box) as compensation might include a percentage and a bonus reflected as a flat fee. The committee declined to make this change, stating that less common situation could be accommodated with the current proposed language.

Regarding Paragraph 7(I), one comment (submitted on behalf of several entities, including two groundwater conservation districts and one water authority) was generally in support of the proposed language. Five commenters found the language to be confusing, with one mentioning confusion between the notice in this paragraph and other notices in the contract. The committee discussed and decided to remove the words "Water Notice:" from the title of the new form (now titled "Seller's Disclosure About Groundwater and Surface Water Rights"), as well as the defined term in the paragraph itself for clarity from "(Water Notice)" to "(Seller's Water Disclosure)". One commenter expressed confusion over where to disclose certain information previously disclosed on Paragraph 6. The committee pointed out that that language had moved to Paragraph 22. One commenter was generally against this language and the accompanying form absent a statutory change and also questioned the inclusion of the language in the Residential Condominium Contract (Resale). The committee agreed that the language should be removed from the condominium contract. This commenter also recommended that the language be reordered and reworded in this paragraph to make the provision less confusing. The committee discussed and decided to alter the language in Paragraph 7I(3) to read "Seller is not required to deliver" instead of "Seller will not deliver."

Regarding the Seller's Disclosure About Groundwater and Surface Water Rights, one comment (submitted on behalf of several entities, including two groundwater conservation districts and one water authority) was generally in support of the new form. Another commenter was generally in support of the form, but suggested the form contain instructions related to the incompleteness of state records and that the Commission should address the transfer of wells. One commenter had a question about use of the form in an underground water conservation district. Seven commenters found the form to be confusing and four expressed concerns about sellers being able to complete this form. The committee discussed, but declined to make changes at this time. One commenter suggested clarifying changes to terminology, including specifying that Paragraph 2B(4) of the form should include the term "if applicable." The committee discussed these comments, and as a result, the committee decided to modify the language to read "Identify any registrations" from "Identify the registrations" in Paragraph 2B(4).

Regarding Paragraph 20(B), one commenter was concerned with the obligation that the buyer pays any associated charges. The committee discussed. In light of a recent court order setting aside the new rules from the Financial Crimes Enforcement Network or FinCEN, the committee modified the title of paragraph 20 (to Governmental Requirements), modified the parenthetical to remove reference to FinCEN specifically, and removed the language creating the obligation that the buyer pay the associated charges.

Regarding Paragraph 21, one commenter was generally in support of the changes. One commenter thought the language in Paragraph 21 was redundant One commenter suggested that there should be two lines for phone numbers in Paragraph 21. Another commenter suggested that the language be revised to add "or their agent" to further clarify that notices can be sent from one agent to another and be effective under this paragraph. The committee agreed with these latter two suggestions.

Regarding Paragraph 22, three commenters asked for additional forms to be added to the list of forms. The committee declined to do so as the requested forms were not Commission forms. Another commenter found the changes to be confusing. Finally, another commenter generally liked the concept of the revised paragraph, but thought the order should be alphabetical and had concerns with the addition of the language formerly found in Paragraph 6E(12) being incorporated here. The committee discussed, but made no changes as a result of these comments. The typographical error was correct in this paragraph in the Residential Condominium Contract (Resale).

Regarding the Broker Information page, one commenter wanted the designated broker to be listed. Another commenter expressed concern about the reformatting of the page stating that the revision was more difficult to read. One commenter expressed concern about the intermediary section and the inability to list different assumed names. The committee discussed and decided to retitle the section as "Broker Contact Information" and bold certain terms for improved readability.

Regarding the Addendum for "Back-Up" Contract, one commenter liked the change in Paragraph H, but questioned the consistency of the terminology used. Another comment requested that an optional section be added creating a "floating" closing date. The committee made no changes to the language at this time, but decided to look at the issue of consistent terminology more globally at a future meeting.

Regarding the Addendum for Property Subject to Mandatory Membership in a Property Owners Association, one commenter was concerned there would be confusion with the term "actual receipt," had recommendations for Paragraphs B and D, and was generally in support of the additional clarifying language in Paragraph C. The committee discussed but made no change as a result of this comment.

Regarding the Amendment to Contract, two comments were received. One commenter suggested clarifying language be added to Paragraphs 1 and 7. The other commenter was generally against the proposed change to Paragraph 5. The committee discussed but made no changes at this time as a result of these comments, but will discuss the suggestion to Paragraph 6 at a later meeting. The term "option fee" is now in lower case on the form for consistency with other contract form changes.

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 amendments are also adopted under Texas Occupations Code, §1101.155, which authorizes the Commission to adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the Commission.

§537.68. Standard Contract Form TREC No. 61-0, Seller's Disclosure about Groundwater and Surface Water Rights.

The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 61-0 approved by the Commission in 2026 for mandatory use to provide information regarding groundwater and surface water rights associated with the property.

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 May 8, 2026.

TRD-202601969

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: July 1, 2026

Proposal publication date: February 27, 2026

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

The Texas Real Estate Commission (TREC) adopts amendments to §537.62, Standard Contract Form TREC No. 55-0, Seller's Disclosure Notice; §537.63, Standard Contract Form TREC No. OP-L, Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law; and §535.69, Standard Contract Form TREC No. 62-0, Seller's Notice to Buyer of Removal of Contingency Under Addendum for "Back-Up" Contract (NEW), in Chapter 537, Professional Agreements and Standard Contracts, with non-substantive changes to some of the forms adopted by reference under these rules (described below, as published in the February 27, 2026, issue of the Texas Register (51 TexReg 1252). The rule text will not be republished. The revised forms adopted by reference are available through the Commission's website at www.trec.texas.gov.

Each of the rules correspond to contract forms adopted by reference. Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contracts for the sale of real property. These forms are drafted and recommended for adoption 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 Texas Real Estate Broker-Lawyer Committee recommended revisions to the contract forms adopted by reference under the amendments.

In the Commission's recent Special-Purpose Review by the Sunset Advisory Commission, Sunset directed, as part of that review, that the TREC Seller's Disclosure Notice be updated to: (i) provide a prospective buyer with information on whether the property is presently covered by insurance, including windstorm insurance, and whether the current seller has been unable to insure their property for any reason; (ii) inform a prospective buyer if there is a private road on or adjoining the property that the prospective buyer would be financially responsible for maintaining; (iii) provide a prospective buyer with information on the existence of aboveground storage tanks on the property that are more than 500 gallons and have stored petroleum products or other chemicals; and (iv) tell a prospective buyer whether their property is located in a conservation easement. The Seller's Disclosure Notice is updated to reflect those directives.

The terms "Listing Broker" and "Other Broker" have been replaced with the terms "Seller's Broker" and "Buyer's Broker" in the Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law.

A new Seller's Notice to Buyer of Removal of Contingency under Addendum for "Back-Up" Contract has been drafted, which may be used in conjunction with the Addendum for "Back-Up" Contract.

75 comments were received in total on all of the proposed contract form changes.

Two comments were generally in support of the proposed changes. Regarding the Seller's Disclosure Notice, six comments were received. Three commenters were generally in support of the proposed changes, with one requesting an additional disclosure related to changes that might impact the property. One commenter requested additional disclosures related to the HVAC system, while another commenter requested additional disclosures related to CO₂ disclosures. The committee discussed and declined to make changes, noting that it is generally the policy of the committee to mirror the requirements of Texas Property Code §5.008. One commenter was generally against the proposed changes, citing concerns about the Commission promulgating a notice that goes beyond the minimum requirements of Texas Property Code §5.008 and suggested that clarifying language be added to the footer of the form, advising that the form now contains more than the minimum statutory requirements. The committee discussed and declined to make changes at this time.

Regarding the Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law, one comment was received and requested that clarifying changes be made throughout this form. The committee discussed, but declined to make changes at this time. The committee will consider changes at a future meeting.

Regarding the new Seller's Notice to Buyer of Removal of Contingency Under Addendum for "Back-Up" Contract, five commenters were generally in support of the form, with one commenter asking a question regarding the uniformity of the headers on the forms (the committee noted they would review this issue at a future meeting). One commenter requested the title of the form be changed. The committee discussed and made no changes as a result of these comments.

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 amendments are also adopted under Texas Occupations Code, §1101.155, which authorizes the Commission to adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the Commission.

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 May 8, 2026.

TRD-202601970

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: May 28, 2026

Proposal publication date: February 27, 2026

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