During the February meeting of the Commission, several rule changes were proposed and adopted. Changes were also adopted to two forms. See the full agenda and materials on the Commission Meetings and Minutes page.

Proposed rules

Changes to the following rules were proposed:

• §533.50, Petition for Adoption of Rules. This proposed new rule implements a statutory requirement that state agencies must prescribe by rule the form for a petition for adoption of rules and the procedure for its submission, consideration, and disposition.
• §535.220, Professional Conduct and Ethics. The proposed amendment adds that the consent an inspector must receive from an inspector’s client to receive a fee or other valuable consideration for referring services that are not settlement services or other products to the client, must be in writing. The Texas Real Estate Inspector Committee recommended this proposed amendment.

Written public comments on proposed rules are accepted for 30 days after publication in the Texas Register. Use the Commission’s new online public comment tool to submit comments. Comments can also be sent via email to general.counsel@trec.texas.gov or can be mailed to General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

Adopted Form Changes

Changes were adopted to two forms–the Notice of Buyer’s Termination of Contract (TREC No. 38-7) and the Short Sale Addendum (TREC No. 45-2) to correspond to changes in the recently-revised contract forms.  To review those changes, view the redline versions of the forms.

The revised versions of the contract forms have been posted on the Commission’s website. As a reminder, license holders may use the revised versions on a voluntary basis until April 1^st, when they become mandatory.

Adopted rules

The following rule changes were adopted:

• §534.7, Vendor Protest Procedures. The vendor protest procedures originally adopted by the Texas Facilities Commission are being replaced with a new set of procedures that better meet the agency’s needs and provide greater transparency to both members of the public and parties seeking to protest.
• §535.91, Renewal of a Real Estate License. The amendment corrects a reference within the rule to include the appropriate subsection.
• §535.191, Schedule of Administrative Penalties. The change corrects a reference in the schedule that corresponds to statutory changes enacted by the 86th Legislature in SB 624.
• §535.216, Renewal of License. The amendments implement statutory changes enacted by the 86th Legislature in HB 2911 affecting inspectors, stating that applicants for reinstatement of license under Chapter 1102 of the Texas Occupations Code, who previously held the same license within the two years preceding the application date, are eligible for reinstatement as long as: (i) they have completed the required continuing education hours for renewal; and (ii) satisfy the agency’s requirements for honesty, trustworthiness, and integrity. Applicants meeting those criteria are not required to retake the exam for licensure. Additionally, applicants for a real estate inspector license reinstatement must submit evidence of sponsorship by a professional inspector.