TITLE 22. EXAMINING BOARDS

PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 103. DENTAL HYGIENE LICENSURE

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §103.2, pertaining to dental hygiene licensure by examination. The amendment is adopted without changes to the proposed text as published in the September 12, 2025, issue of the Texas Register (50 TexReg 6003) and will not be republished. The adopted amendment changes the remediation requirements by (1) allowing applicants to take a remediation course before or after passing an examination to give applicants flexibility on when to take the course, and (2) allowing Board staff to approve the remediation course.

No comments were received regarding adoption of this rule.

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 November 7, 2025.

TRD-202504066

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: November 27, 2025

Proposal publication date: September 12, 2025

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

CHAPTER 108. PROFESSIONAL CONDUCT

SUBCHAPTER A. PROFESSIONAL RESPONSIBILITY

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §108.16, pertaining to teledentistry. The amendment is adopted without changes to the proposed text as published in the September 12, 2025, issue of the Texas Register (50 TexReg 6004) and will not be republished. The adopted rule specifies the informed consent documentation that is required when licensees perform teledentistry dental services. The Board adopts this rule in accordance with House Bill 1700 of the 89th Texas Legislature, Regular Session (2025), and Chapter 111, Texas Occupations Code.

The American Association of Orthodontists (AAO) and Texas Association of Orthodontists (TAO) submitted a written comment in support of adoption of the rule as proposed. They state that the rule appropriately ensures that patients are clearly informed of the nature, risks, benefits, and limitations of remote dental care, and that such consent is documented in a manner that is consistent with the ethical and professional standards of the dental profession. No changes to this rule were made 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 Chapter 111, 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 November 7, 2025.

TRD-202504065

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: November 27, 2025

Proposal publication date: September 12, 2025

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

PART 11. TEXAS BOARD OF NURSING

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE

The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §217.5, relating to Temporary License and Endorsement, and §217.9, relating to Inactive and Retired Status without changes to the proposed text published in the September 19, 2025, issue of the Texas Register (50 TexReg 6186). The rules will not be republished.

REASONED JUSTIFICATION. In 2019, the Texas Legislature enacted S.B. 1200, creating Texas Occupations Code §55.0041, which recognizes out-of-state occupational licenses for the spouse of a military service member. This provision facilitates the portability of licenses, allowing military spouses to maintain their careers when relocating due to military assignments without the need to re-do coursework or testing for licensure in each new state.

In 2021, during the 87th Regular Legislative Session, the Legislature amended Texas Occupations Code §55.0041 through the enactment of H.B. 139. This amendment required state agencies that issue licenses with residency requirements to adopt rules specifying the documentation needed by military spouses to establish residency for licensure purposes. It also allowed the submission of a military spouse's Permanent Change of Station (PCS) orders to establish eligibility.

During the 88th Legislative Session, S.B. 422 further amended §55.0041, expanding the scope of the occupational licensing reciprocity to include military service members. This change allows service members who frequently relocate to continue providing services, such as nursing, in Texas even when they have been licensed in another state, helping address workforce shortages.

In 2025, H.B. 5629 was enacted during the 89th Regular Legislative Session, making additional revisions to §55.004 and §55.0041. This legislation specifies the criteria for licensure, requiring that military service members or their spouses hold a current, out-of-state license similar in scope to Texas licensure and remain in good standing with the original state's licensing authority. The bill also specifies required documentation for applicants, including military orders, marriage certificates for spouses, and notarized affidavits. Furthermore, H.B. 5629 mandates that state agencies process military-related licensure applications within 10 business days and maintain a record of complaints made against military service members, veterans, or spouses who hold or are applying for licensure. Complaints are to be posted on the agency's website quarterly.

As Texas is a member of the Enhanced Nurse Licensure Compact (eNLC), which facilitates multistate practice for nurses in 43 states, this compact does not require the additional documentation specified in H.B. 5629. However, for military service members and spouses who do not hold a multistate license, the amendments clarify the process for licensure under §55.0041.

The Board commends the Legislature for streamlining the licensure process for military families seeking to practice nursing in Texas. In response, the Board adopts the proposed amendments to operationalize the requirements in H.B. 5629.

Additionally, the Board adopts amendments to 22 Texas Administrative Code §217.9 related to inactive and retired licensure status. These changes are necessary to update the rules to align with current practices and to allow for online licensure status changes, improving efficiency for both the agency and license holders.

PUBLIC COMMENT. The Board received no comments on the proposed rules.

STATUTORY AUTHORITY. These amendments are adopted under the authority of the Texas Occupations Code §301.151. Texas Occupations Code § 301.151 addresses the general rulemaking authority of the Board to adopt and enforce rules consistent with Chapter 301 to perform its duties and conduct proceedings before the Board, regulate the practice of professional nursing and vocational nursing, establish standards of professional conduct for license holders under Chapter 301, and determine whether an act constitutes the act of professional nursing or vocational nursing. These amendments are necessary for compliance with statutory amendments found in Texas Occupations Code §55.004 and §55.0041.

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 November 10, 2025.

TRD-202504069

John Vanderford

Deputy General Counsel

Texas Board of Nursing

Effective date: November 30, 2025

Proposal publication date: September 19, 2025

For further information, please call: (512) 305-6879

PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

CHAPTER 516. MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS

The Texas State Board of Public Accountancy adopts an amendment to §516.1 concerning Definitions, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6444) and will not be republished.

HB 5629 established new licensing accommodations for military members, their spouses and military veterans. The amended revision in this section eliminates no longer needed language and defines that these rules apply to Certified Public Accountants.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504020

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

The Texas State Board of Public Accountancy adopts an amendment to §516.2 concerning Licensing for Military Service Members, Military Veteran and Military Spouses, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6445) and will not be republished.

The rule revision bundles the persons affected into one rule, requires the issuance of a license within 10 days of a complete application, directs the issuance of a license to a licensee of another state in good standing licensed as a CPA and defines good standing.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504022

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

The Texas State Board of Public Accountancy adopts a repeal to §516.3 concerning Licensing for Military Veterans, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6447) and will not be republished.

Repeals no longer needed, duplicative language.

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504025

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

The Texas State Board of Public Accountancy adopts an amendment to §516.4 concerning Accounting Practice by Military Service Members and Military Spouses, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6448) and will not be republished.

The rule revision identifies the elements of an acceptable license application for military members, spouses and veterans eligible for the license.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504027

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

The Texas State Board of Public Accountancy adopts a new rule to §516.5 concerning Complaints, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6449) and will not be republished.

The new legislation requires to the board to retain a copy of the licensee's complaint and make it available to the public.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504028

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

CHAPTER 521. FEE SCHEDULE

The Texas State Board of Public Accountancy adopts an amendment to §521.14 concerning Eligibility Fee, without changes to the proposed text as published in the October 3, 2025 issue of the Texas Register (50 TexReg 6450) and will not be republished.

The revision deletes the four testing sections of licensing which are no longer applicable.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 and §901.655 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the 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 November 6, 2025.

TRD-202504029

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: November 26, 2025

Proposal publication date: October 3, 2025

For further information, please call: (512) 305-7842

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 531. CANONS OF PROFESSIONAL ETHICS AND CONDUCT

The Texas Real Estate Commission (TREC) adopts an amendment to 22 TAC §531.20, Information About Brokerage Services, with non-substantive changes to the form adopted by reference, but without changes to the rule, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5572) and will not be republished.

The changes to §531.20 and the form adopted by reference are made to reflect statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. Currently, section 1101.558 of the Texas Occupations Code specifies certain information required to be in a notice license holders provide to consumers called the Information About Brokerage Services Notice (IABS). This section further requires the Commission to prescribe by rule the specific text of the IABS. SB 1968 adds additional information that must be described in the IABS: the basic obligations a broker has to a party to a real estate transaction that the broker does not represent. As a result, the language in the IABS has been updated to reflect changes as a result of SB 1968 and the form number listed in §531.20 has been updated.

In addition to these changes, the description of the contact information has been updated to better reflect current terminology.

Twenty comments were received on the proposed changes. The Executive Committee reviewed and discussed the comments. Four commenters were generally in support of the proposed changes. Fourteen commenters found the changes confusing and were concerned that the added language appeared to be conflicting. The Executive Committee discussed and determined that it is the underlying statutory changes leading to confusion, not the form. As a result, no changes will be made to the rule or form with one exception: one commenter pointed out a typographical error in the license holder contact information (an extra "name" should be removed and "Associate's" should be updated). The form is updated to reflect this correction.

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 and ensure compliance with Chapters 1101 and 1102. The amendment is also adopted under Texas Occupations Code, §1101.558, which requires the Commission to prescribe the text of the IABS notice.

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 November 6, 2025.

TRD-202504015

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER A. DEFINITIONS

The Texas Real Estate Commission (TREC) adopts an amendment to 22 TAC §535.1, Definitions, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5573), and will not be republished.

The change to 22 TAC §535.1 is made to implement statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 requires that associated brokers--also defined by the bill--provide the Commission the name of the broker they associate with and allows the Commission, through rulemaking, to provide notice of a complaint to another license holder associated with the respondent. As a result, the same definition found in SB 1968 is added to the §535.1 and the subsections are renumbered accordingly.

Two comments were received and both were in support of the change. The Executive Committee reviewed and recommended no 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 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 November 6, 2025.

TRD-202504016

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

SUBCHAPTER B. GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.5, License Not Required, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5574) and will not be republished.

The amendments to §535.5 are made as a result of statutory changes enacted by the 89th Legislature in SB 1172. SB 1172 exempts additional types of transactions from license requirements under Chapter 1101, Occupations Code. The changes modify existing exemption language related to employees of business entities and adds a reference to §1101.005 of the Texas Occupations Code (where the exemptions are located) for clarity.

One comment was received, but appeared to be submitted in error. The Executive Committee reviewed and has no recommended 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 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 November 6, 2025.

TRD-202504017

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: August 29, 2025

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

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.21, Mailing Address and Other Contact Information, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5575) and will not be republished.

The changes to §535.21 are made to implement statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 adds that license holders must provide the Commission with certain business contact information, like a business address and a business phone number. Furthermore, SB 1968 requires that associated brokers provide the Commission the name of the broker they associate with. The changes to §535.21 reflect these additions and add that this information will be provided through a process acceptable to the Commission.

One comment was received and was in support of the changes. The Executive Committee reviewed and has no recommended 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 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 November 6, 2025.

TRD-202504018

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

SUBCHAPTER E. REQUIREMENTS FOR LICENSURE

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 August 29, 2025, issue of the Texas Register (50 TexReg 5576) and will not be republished.

The changes to §535.56(a)(1)(B)(ii) and (a)(1)(C) are made as a result of statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 modifies the requirements surrounding the Commission's Broker Responsibility Course. Under the language of the bill, all brokers must take the course, regardless of whether they sponsor sales agents. Additionally, applicants for a broker license must complete the course prior to licensure. The changes to these provisions reflect the statutory changes.

The change to subsection (e) of §535.56 is made as a result of the agency's license management system project. Because of this project, users will be able to access and provide information to the agency through an online process, rather than by submitting a paper form. As a result, the rule language is clarified to reflect this change.

The remainder of the changes to the rule and the form adopted by reference (Supplement A-Qualifying Experience Report for a Broker License) are recommended by the Commission's Broker Responsibility Advisory Committee (BRAC). Currently, in order to obtain a broker's license, an applicant must satisfy certain education and experience requirements. In terms of education, an applicant must complete 270 hours of qualifying real estate courses and 630 hours of real estate related education. Currently, a bachelor's degree or higher is deemed to satisfy the 630 hours of real estate related education. In addition to the education requirements, applicants must also have at least four years of active experience during the five years preceding the filing of the application, which must total a minimum of 360 experience points.

In recognition of the importance of experience for a broker applicant, the changes increase the minimum experience points required to obtain a broker license from 360 to 720 experience points. Because there is no limitation on the subject matter of the bachelor's degree, which may not be related to real estate, the changes also cap the real estate related education credit given for a bachelor's degree at 300 hours, instead of the full 630 hours. At the same time, again recognizing the importance of experience, the changes allow for the substitution of experience for education above and beyond the minimum 720 experience points. For any such experience, an applicant may receive a credit of up to 300 hours of the required 630 hours of real estate related education.

Next, the changes modify the language surrounding the property management experience calculation to a "per property per year" from just "per property" to better reflect industry practices. Finally, recognizing the importance of supervision and management experience, the changes modify the delegated supervision calculation to a points per transaction model (at three points per transaction), which will enable an applicant to accrue more points for this type of activity than is currently available under the rule.

Twenty-two comments were received and were reviewed by the Commission's Broker Responsibility Advisory Committee (BRAC). Eleven comments were generally in support of the proposed changes, with one of these commenters desiring a specific college degree in real estate. One commenter asked a question about the effective date of the changes. The remaining ten comments expressed some opposition to the proposed changes. Of these comments, several didn't like the blanket credit for the bachelor's degree, desired that the credit be given only when the degree is in a real estate related field, or wanted only partial credit be given when the degree is not in a real estate field. Several of the comments also expressed concern about the doubling of the experience points required to obtain a license. BRAC discussed the comments and ultimately decided to recommend no changes be made to the proposal. Because the issues raised in the comments had already been thoroughly discussed by BRAC during the formation of this proposal, they concluded that the proposal struck the appropriate balance between recognizing the importance of experience in the preparation of a broker license applicant and providing an alternate path forward for those who may find the education requirements burdensome.

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 §1101.356, which allows the Commission to establish what constitutes active experience and what education is required for a broker's license by rule.

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 November 6, 2025.

TRD-202504033

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.58, License for Military Service Members, Veterans, or Military Spouses, in General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5578) and will not be republished.

The changes are made as a result of statutory changes enacted by the 89th Legislature in HB 5629 and SB 1818, which both became effective September 1, 2025. Both bills modify several provisions in Chapter 55 of the Texas Occupations Code relating to occupational licensing of military service members, military veterans, and military spouses. SB 1818 requires that a state agency promptly issue either a provisional license or a license. HB 5629 modifies the language to require a state agency to issue a license to an applicant that is a military service member, veteran, or spouse and who holds a current license issued by another state that is similar in scope of practice to the license being sought and is in good standing (a defined term) with that state's licensing authority. HB 5629 also modifies the procedure for out-of-state license recognition under §55.0041, Occupations Code. Finally, HB 5629 changes the time period within which a state agency must issue the license, from 30 days to 10 business days from the filing of the application. The amendments to §535.58 are made to reflect these changes.

One comment was received on the proposed changes. The commenter requested that these individuals be required to take a Texas licensing exam. The Executive Committee discussed the comment, but recommended no changes as the proposal is based on statutory requirements.

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 proposed under Texas Occupations Code, §§55.004 and 55.0041, including as amended by HB 5629 and SB 1818, which require the issuance of licenses under certain parameters to military service members, military veterans, or military spouses.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed 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 November 6, 2025.

TRD-202504019

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: August 29, 2025

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

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

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.61, Approval of Providers of Qualifying Courses and §535.66, Credit for Courses Offered by Accredited Colleges or Universities, in Chapter 535, General Provisions, without changes, as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6189) and will not be republished.

The amendments to §535.61 and §535.66 are made as a result of SB 1968, enacted by the 89th Legislature, which is effective January 1, 2026. SB 1968 adds that public high schools are exempted from qualifying education provider requirements, like accredited colleges and universities. As a result, the term "public high school" is added and clarifying changes are made to rule provisions related to the existing accredited college and university exemption to accommodate this addition.

Clarifying changes are also made in §535.66(c)(1) to mirror the changes to the definition of qualifying real estate courses in §1101.003, Occupations Code, made by SB 1968.

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 amendments are also adopted under Texas Occupations Code §1101.301, which authorizes rulemaking related to qualifying education providers and courses.

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 November 6, 2025.

TRD-202504021

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: September 19, 2025

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

SUBCHAPTER G. REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.75, Responsibilities and Operations of Continuing Education Providers, in Chapter 535, General Provisions, without changes, as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6193) and will not be republished.

The changes add "public high school" as an exempted continuing education provider to mirror the changes made by SB 1968, enacted by the 89th Legislature, which becomes effective January 1, 2026. SB 1968 adds that public high schools are exempted from qualifying education provider requirements, like accredited colleges and universities. As a result, a public high school is also added to §535.75 for consistency in the rules, as well as agency practices.

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 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 November 6, 2025.

TRD-202504023

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: September 19, 2025

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

SUBCHAPTER I. LICENSE RENEWAL

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.92, Continuing Education Requirements, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5580) and will not be republished.

The changes are made as a result of statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 modifies the requirements surrounding the Commission's Broker Responsibility Course. Under the language of the bill, all brokers must take the course, regardless of whether they sponsor sales agents. The changes to these provisions reflect the statutory changes.

Three comments were received on the proposal and they were all in support of the change. The Executive Committee reviewed and had no additional changes to the proposal.

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 §1101.458, which requires the Commission to prescribe by rule the title, content, and duration of the broker responsibility course.

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 November 6, 2025.

TRD-202504026

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

SUBCHAPTER N. SUSPENSION AND REVOCATION OF LICENSURE

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.141, Initiation of Investigation, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5582) and will not be republished.

The amendments are made as a result of statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 authorizes the Commission to provide the complaint notice sent to the respondent (the person who is the subject of a complaint) to another license holder who is associated with that respondent. The bill further provides that the Commission must adopt rules to specify who may receive this notice. The changes add that a copy of a complaint notice will be sent to the broker or inspector who sponsors the respondent, as applicable, if the respondent is a sales agent or apprentice or real estate inspector, or a broker who is associated with the respondent, if the respondent is an associated broker.

The proposal was recommended by the Enforcement Committee.

One comment in support of the changes was received. The Executive Committee reviewed the comment and has no additional recommendations.

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 §1101.204, as amended by SB 1968, which requires the Commission to adopt rules to specify the persons who may receive the complaint notice.

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 November 6, 2025.

TRD-202504030

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

SUBCHAPTER Q. ADMINISTRATIVE PENALTIES

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.191, Schedule of Administrative Penalties, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5583) and will not be republished.

Commission rule §535.191 contains the schedule of administrative penalties, as required by §1101.702, Occupations Code. The rule contains three tiers of administrative penalty ranges: (i) $100 - $1,500 per violation per day; (ii) $500 - $3,000 per violation per day; and (iii) $1,000 - $5,000 per violation per day. Violations of applicable law and Commission rules are categorized within these tiers in accordance with §1101.702. Whether an administrative penalty is ultimately assessed and at what amount is determined in accordance with this statute and §535.191.

The amendment to §535.191(c)(8) is made as a result of statutory changes enacted by the 89th Legislature in SB 1968, which becomes effective January 1, 2026. SB 1968 adds a requirement for a written agreement with a prospective buyer of residential real property to Chapter 1101 of the Texas Occupations Code. The bill also adds the Commission may take disciplinary action if there is a violation of this requirement. In accordance with §1101.702, this new violation is added to subsection (c)(8) - the $100 - $1,500 per violation per day penalty tier.

The amendment to §535.191(c)(9) is also made as a result of SB 1968. SB 1968 requires that associated brokers provide the Commission the name of the broker they associate with. As a result, a new subsection is to be added to Commission rule §535.21, Mailing Address and Other Contact Information, to reflect this requirement. The removal of the reference to subsection (a) in §535.191(c)(9) means that any violation of §535.21 - including the new associated broker requirement - will fall into the first tier penalty range.

A clarifying change is made to subsection (e)(18)because of a corresponding change to §535.141, Initiation of Investigation; Order Requirements, which adds a new subsection related to SB 1968 and complaint notices.

Finally, existing violations associated with easement or right-of-way agents were added to subsections (c)(18)-(19), (d)(18)-(19), and (e)(21)-(22) and are categorized according to the criteria set forth in §1101.702.

The Commission's Enforcement Committee recommended the changes.

No comments were received on the proposed amendments.

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 amendment is also adopted under Texas Occupations Code, §1101.702, which requires the Commission adopt by rule a schedule of administrative penalties.

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 November 6, 2025.

TRD-202504031

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2026

Proposal publication date: August 29, 2025

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

SUBCHAPTER T. EASEMENT OR RIGHT-OF-WAY AGENTS

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.405, Employee of Owner or Purchaser, in Chapter 535, General Provisions, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5585) and will not be republished.

The amendments to §535.405 are made as a result of statutory changes enacted by the 89th Legislature in SB 1172. SB 1172 exempts additional types of transactions from license requirements under Chapter 1101, Occupations Code. The changes modify existing exemption language related to employees of owners or purchasers and adds a reference to §1101.005 of the Texas Occupations Code (where the exemptions are located) for clarity.

One comment was received; however, the comment appeared to be referencing a separate statutory provision related to a business entity registration that is not applicable to the proposed changes. As a result, the Executive Committee recommended no 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 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 November 6, 2025.

TRD-202504032

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: August 29, 2025

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

CHAPTER 537. PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.26 Standard Contract Form TREC No. 15-6, Seller's Temporary Residential Lease; and §537.27 Standard Contract Form TREC No. 16-6, Buyer's Temporary Residential Lease, in Chapter 537, Professional Agreements and Standard Contracts, without changes as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5586), and will not be republished.

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 changes to the Buyer's Temporary Residential Lease and the Seller's Temporary Residential Lease are made as a result of SB 2349, enacted by the 89th Legislature, which became effective September 1, 2025. The bill clarifies that the flood notice is not required to be provided with the temporary residential leases. As a result, the paragraph referencing that requirement in the temporary residential leases is removed.

One comment was received regarding the Seller's Temporary Lease, two comments were received regarding the Buyer's Temporary Lease, all of which were in support of the 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.

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 November 6, 2025.

TRD-202504035

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: January 5, 2026

Proposal publication date: August 29, 2025

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

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.61, Standard Contract Form TREC No. 54-0, Landlord's Floodplain and Flood Notice, in Chapter 537, Professional Agreements and Standard Contracts, without changes as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5586), and will not be republished.

The rule corresponds to a contract form 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 changes to the Landlord's Floodplain and Flood Notice are made as a result of SB 2349, enacted by the 89th Legislature, which became effective September 1, 2025. The bill clarifies that the flood notice is not required to be provided with the temporary residential leases. As a result, the notice at the top of the Landlord's Floodplain and Flood Notice is amended to state that the notice is not required with a "TREC Temporary Residential Lease".

One comment was received regarding the Landlord's Floodplain and Flood Notice which was in support of the 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.

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 November 6, 2025.

TRD-202504036

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: August 29, 2025

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

CHAPTER 543. RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §543.5, Forms, in Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act, without changes, as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5588) and will not be republished.

The amendments to §543.5 are made as a result of the agency's license management system project. Because of the license management system project, users will be able to provide more information and make payment to the agency utilizing an online process, rather than by submitting a paper form or check. As a result, the rule language is clarified to reflect this change. This includes the removal of references to most of the forms listed in §543.5 (the Consent to Service of Process form adopted by reference is updated with a new title to differentiate the form from other consent forms and contains terminology changes).

One comment was received and reviewed by the Executive Committee; however, the comment discusses unrelated Commission contract forms. As a result, the Executive Committee recommended no changes.

The changes are adopted under the Texas Property Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.

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 November 6, 2025.

TRD-202504037

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: August 29, 2025

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

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §543.13, Renewal of Registration in Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act, without changes, as published in the September 19, 2025, issue of the Texas Register (50 TexReg 6194), and will not be republished.

Currently, Commission rule §543.4, Fees, requires a timeshare developer seeking to reinstate an expired registration of a timeshare plan, to pay certain fees in order to do so. The amendments to §543.13 establish a corresponding reinstatement process for consistency within the timeshare rules and with rules related to other license types.

No comments were received on the proposed amendments.

The amendments are adopted under the Texas Property Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.

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 November 6, 2025.

TRD-202504038

Abby Lee

General Counsel

Texas Real Estate Commission

Effective date: November 26, 2025

Proposal publication date: September 19, 2025

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