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TREC Rules

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Complete Set of Current TREC Rules

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TREC Rules in HTML format at Secretary of State site

pdf iconTREC Rules in PDF format at TREC site (as revised and in effect October 1, 2012)
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Comments on proposed rules may be submitted to The deadline for comments is 30 days after a rule is published in the Texas Register

Proposed Rules/Amendments




Rule # Topic Date
Proposal
Authorized
Earliest
Possible
Date of
Adoption
Comments

Recently Adopted Rules



Rule #
(click link to download)
Topic Date of Commission Action Effective Date Comments
pdf icon§534.2 Processing Fees for Dishonored Payments
(adopted)
Chapter 534, General Administration 08/13/2012 01/01/2013 TREC adopts amendments to §534.2, concerning Processing Fees for Dishonored Payments with changes to the proposed text. The difference between the rule as adopted and as proposed is the replacement of the term “business” with “mailing” in subsection (a) to be consistent with the phrase “mailing address” as used in Chapters 533 and 535. The amendment removes the reference to the processed check fee because the fee will be reflected in amendments to §535.101.
pdf icon§535.91. Renewal Notices
(adopted)
Chapter 535, General Provisions Subchapter I. Licenses. 08/13/2012 09/07/2012 TREC adopts amendments to §535.91, concerning Renewal Notices without changes to the proposed text. The amendments as adopted implement the relevant provisions of Senate Bill (SB) 747, 82nd Texas Legislature, Regular Session (2011). In part, SB 747 amends Texas Occupations Code, §1101.458 to require that certain licensees take a six-hour broker responsibility course to renew a license.

The amendments to §535.91 clarify that a broker who has delegated licensees supervisory authority under §535.2 must notify the commission, within 30 days of delegation or termination of delegation, the name or names of such licensees and provide that licensees who are required to take the broker responsibility course and have already completed their MCE requirements prior to July 1, 2012 may, but are not required to take, the broker responsibility course for the first renewal of their license after September 1, 2012.

pdf icon§535.92. Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements
(adopted)
Chapter 535, General Provisions Subchapter I. Licenses. 08/13/2012 01/01/2013 TREC adopts amendments to §535.92, concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements without changes to the proposed text. The amendment removes the reference to the MCE deferral fee and late reporting fee because the fees will be reflected in amendments to §535.101, concerning Fees.
pdf icon§535.95. Miscellaneous Provisions Concerning License or Registration Applications or Renewals, Including Fingerprinting Requirements.
(adopted)
Chapter 535, General Provisions Subchapter I. Licenses. 08/13/2012 09/07/2012 TREC adopts amendments to §535.95, concerning Miscellaneous Provisions Concerning License or Registration Applications or Renewals, Including Fingerprinting Requirements without changes to the proposed text.

The amendments as adopted implement the relevant provisions of Senate Bill (SB) 1733, 82nd Texas Legislature, Regular Session (2011). The effective date of SB 1733 is June 17, 2011.

Senate Bill 1733 amends Texas Occupations Code to add §55.004 which allows for alternate demonstrations of competency to meet license requirements, establishes a period during which an otherwise qualified person may seek employment or practice with an expired license, and authorizes the TREC administrator to issue licenses by endorsement.

The bill authorizes a state agency to adopt rules to allow alternative demonstrations of competency to meet the requirements for obtaining the license under the new section. New subsection (f) establishes the criteria to be used to demonstrate competency under the new section.

pdf icon22 TAC §535.101. Fees
(adopted)
Subchapter J. Fees 08/13/2012 01/01/2013 TREC adopts amendments to §535.101, concerning Fees with changes to the proposed text. The difference between the rule as proposed and adopted is the deletion of the phrase “terminate or” in subsection (b)(7), and the addition of the term “broker” to subsection (b)(8) between “inactive” and “license”. The amendments increase from $20 to $50 the fee for filing a request for, or renewal of, a branch office license; increase from $20 to $50 the fee to request an inactive broker license be returned to active status; increase from $20 to $40 the fee for preparing a license history; increase from $25 to $50 the fee for the filing of a moral character determination; add a fee of $50 plus $20 per classroom hour for each core education course for a period of four years; add a fee of $50 plus $10 per classroom hour for each MCE course for a period of two years; increase from $25 to $150 the fee for the filing of an application for approval as an instructor for a two-year period for real estate core or MCE courses, or both; clarify the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or background check in connection with a license application or renewal; clarify the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system; and increase from $25 to $30 the fee for processing a returned check.
pdf icon§535.209 Examinations
(adopted)
Subchapter R. Real Estate Inspectors 08/13/2012 09/07/2012 TREC adopts amendments to §535.209, concerning Examinations with changes to the proposed text. The difference between the rule as proposed and adopted is the addition of an effective date of January 1, 2013, changing “Examining” to “Examination”, and new subsection (d) which provides a waiver for applicants who have failed the existing exam prior to the effective date and changing the reference from “section” to “part” to be consistent with amendments to §535.210. The amendments adopt the National Home Inspector Examination developed by the Examining Board of Professional Home Inspectors for the national section of the examination, including the cut score established by the Examining Board, require that home inspector applicants must achieve a set passing score for the state section of the home inspector examinations to pass the examination, and waive the requirements to take the national section of the examination of an applicant for a real estate or professional inspector license if the applicant maintains an active license in another state and has passed the national home inspector examination.
pdf icon§535.210. Fees.
(adopted)
Subchapter R. Real Estate Inspectors 08/13/2012 01/01/2013 TREC adopts amendments to §535.210, concerning Fees with changes to the proposed text. The difference between the rule as proposed and adopted is paragraph (a)(8) is changed to clarify the fee for taking the license examination that consists of one part only and is amended to change “section” to “part”; paragraph (a)(10) is deleted from the rule as proposed and the subsequent paragraphs are renumbered; the phrase “terminate or” is deleted in paragraph (a)(9); the term “professional inspector” is added to paragraph (a)(8) between “inactive” and “license”; and the reference to Chapter 1102 is changed to Chapter 1101 in paragraphs (a)(14) and (15). The amendments would increase from $61 to $230 the fee for taking the licensing examination or retaking the national section of the examination; increase from $20 to $50 the fee to request a professional inspector inactive license be returned to active status; increase from $20 to $40 the fee for preparing a license history; increase from $25 to $50 the fee for the filing of a moral character determination; add a fee of $50 plus $10 per classroom hour for each core education course for a period of four years; add a fee of $50 plus $10 per classroom hour for each MCE course for a period of two years; increase from $25 to $150 the fee for the filing of an application for approval as an instructor for a two-year period for real estate core or MCE courses, or both; clarify the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or background check in connection with a license application or renewal; clarify the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system; and increase from $25 to $30 the fee for processing a returned check.

Emergency Adopted Rules

Rule #
(click link to download)
Topic Date of Commission Action Effective Date Expiration Date of Emergency Rule Comments

Rule Review Status

Rule Caption Status
Chapter 543 Rules Relating to the Provisions of the Texas Timeshare Act Completed
Chapter 539 Provisions of the Residential Service Company Act Completed





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