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Our license holders are governed by the Texas Real Estate License Act, the Inspector Act, the Residential Service Company Act, and the Timeshare Act. These Acts establish the makeup of the Commission and its advisory committees and outline procedures by which a person can become real estate license holders in Texas. The Acts also describe TREC’s jurisdiction over license holders and registrants.

TREC has the authority to adopt administrative rules to provide specificity to provisions of the Acts. TREC may also adopt rules to establish policy regarding certain practices. Both the Acts and TREC rules are a great resource for helping consumers know what to expect from a real estate service provider.

TREC Rules

The tables below show all of our recently proposed and adopted rules. Written comments on proposed rules are accepted for 30 days after publication in the Texas Register. After that period, comments can be made in person at the next Commission meeting. Please send written comments to TREC's general.counsel@trec.texas.gov. For the complete version of our current rules go to:

Recently Proposed and Adopted Rules

Rule Number Rule Name Proposed Date Adopted Date Effective Date Summary Attachment(s)
22 TAC §537.58 Standard Contract Form TREC No. 51-0 05/07/2018

This proposal was withdrawn by the Commission on 8/13/2018.

PDF icon 51-0 Withdrawn NEW Release of Earnest Money.pdf
22 TAC §537.45 Standard Contract Form TREC No. 38-5 05/07/2018

This proposal was withdrawn by the Commission on 8/13/2018.

PDF icon 38-6 Withdrawn Buyer's Termination of Contract.pdf
22 TAC §537.47 Standard Contract Form TREC No. 40-7 05/07/2018

This proposal was withdrawn by the Commission on 8/13/2018

PDF icon 40-8 Withdrawn Third Party Financing Addendum.pdf
22 TAC §535.155 Advertisements 05/07/2018 08/13/2018 09/04/2018

The amendments to §535.155 clarify that a sign giving directions to property for sale or lease is not considered an advertisement if it only contains the directional arrows or the directional arrows and the listing broker's logo or name only. In addition, the word "realty" was removed from the prohibited terms set out in subsection(d)(5) to allow this word to be used at the beginning or middle of a team name.

22 TAC §535.201 Definitions 05/07/2018 08/13/2018 09/04/2018

The amendments to §535.201 add a definition for the term "client" and remove unused definitions of "code organization" and "trade association." The Texas Real Estate Inspector Committee recommends the adoption of these amendments.

22 TAC §537.57 Standard Contract Form TREC No. 50-0 05/07/2018 08/13/2018 09/04/2018

The Broker Lawyer Committee recommended revisions to the contract forms adopted by reference under the rules set out in Chapter 537 to address issues that have arisen since the last contract revisions. One of those revisions created an additional right of termination for Seller. The new Notice of Seller's Termination of Contract reflects that item. The Broker Lawyer Committee made one grammatical change following proposal changing the word "delivered" to "provided."

PDF icon 50-0.pdf
22 TAC §535.2 Broker Responsibility 08/13/2018

The proposed amendments to §535.2 were recommended by the Commission appointed Broker Responsibility Working Group. The amendments require a broker to designate anyone who leads, supervises or directs a team in the brokerage to be a delegated supervisor. This will require that person to take a six hour broker responsibility course as part of their required continuing education for each renewal. The timeframe when a license holder must be delegated as a supervisor was shortened from six months to three consecutive months. A reference to a recently adopted advertising rule was added. The term "work files" was deleted and replace with more specific items. A phrase was added to clarify the broker must ensure that a sponsored sales agent has geographic competence in the market area being served. A minimum criteria for training sales agents engaging in a brokerage activity for the first time was added. And, in recognition of digital communications, the time frames for responding to clients, agents, other brokers, and the Commission were reduced to two and three days respectively.

22 TAC §535.50 Definitions 08/13/2018

The proposed amendments to Subchapter E are made as a result of the Commission's quadrennial rule review. The proposed changes delete or revise outdated or misplaced definitions and correct references to the Commission's Real Estate Recovery Trust Accounts and subchapter references.

22 TAC §535.53 Business Entity; Designated Broker 08/13/2018

The proposed amendments to Subchapter E are made as a result of the Commission's quadrennial rule review. The proposed changes delete or revise outdated or misplaced definitions and correct references to the Commission's Real Estate Recovery Trust Accounts and subchapter references.

22 TAC §535.55 Education and Experience Requirements for a Sales Agent License 08/13/2018

The proposed amendments to Subchapter E are made as a result of the Commission's quadrennial rule review. The proposed changes delete or revise outdated or misplaced definitions and correct references to the Commission's Real Estate Recovery Trust Accounts and subchapter references.

22 TAC §535.60 Definitions 08/13/2018

The proposed amendments to Subchapter F are made as a result of the Commission's quadrennial rule review. The proposed amendments to §535.60 delete unnecessary or outdated definitions and add or clarify definitions applicable to this Subchapter.

22 TAC §535.61 Approval of Providers of Qualifying Courses 08/13/2018

The proposed amendments to Subchapter F are made as a result of the Commission's quadrennial rule review. The proposed amendments to §535.61 add clarifying terms or timeframes for greater understanding and compliance. The proposed amendments also provides that a provider cannot enroll students in a course 60 days before the expiration of the provider's approval, unless they have submitted an application for a subsequent approval at least 60 days prior to the expiration of the current approval. This will provide greater protection for students who enroll in courses near the end of a provider's approval term and give providers a way to avoid any business disruption when applying for a subsequent approval. In addition, the term "subsequent provider" was changed to "secondary provider" to align the term with the one used more regularly in the education industry.

22 TAC §535.62 Approval of Qualifying Courses 08/13/2018

The proposed amendments to Subchapter F are made as a result of the Commission's quadrennial rule review. The proposed amendments to §535.62 set out the requirements for course approval in greater detail for better understanding and compliance.

22 TAC §535.65 Responsibilities and Operations of Providers of Qualifying Courses 08/13/2018

The proposed amendments to Subchapter F are made as a result of the Commission's quadrennial rule review. The proposed amendments to §535.65 rearrange and clarify some of the items of responsibilities of providers to increase comprehension and compliance.

22 TAC §535.70 Definitions 08/13/2018

The proposed amendments to Subchapter G are made as a result of the Commission's quadrennial rule review. The proposed amendments delete unnecessary or outdated definitions and add or clarify definitions applicable to this Subchapter. In addition, the term "subsequent provider" was changed to "secondary provider" to align the term with the one used more regularly in the education industry. The proposed amendments also add clarifying terms and corrects a subchapter reference.

22 TAC §535.72 Approval of Non-Elective Continuing Education Courses 08/13/2018

The proposed amendments to Subchapter G are made as a result of the Commission's quadrennial rule review. The proposed amendments delete unnecessary or outdated definitions and add or clarify definitions applicable to this Subchapter. In addition, the term "subsequent provider" was changed to "secondary provider" to align the term with the one used more regularly in the education industry. The proposed amendments also add clarifying terms and corrects a subchapter reference.

22 TAC §535.75 Responsibilities and Operations of Continuing Education Providers 08/13/2018

The proposed amendments to Subchapter G are made as a result of the Commission's quadrennial rule review. The proposed amendments delete unnecessary or outdated definitions and add or clarify definitions applicable to this Subchapter. In addition, the term "subsequent provider" was changed to "secondary provider" to align the term with the one used more regularly in the education industry. The proposed amendments also add clarifying terms and corrects a subchapter reference.

22 TAC §535.101 Fees 08/13/2018

The proposed amendment to §535.101 reduces the fee paid by a broker or sales agent from $20 to $10 each time a sales agent establishes or changes sponsorship. This change is recommended by the Commission as part of its FY2019 budget approval. Each year that revenues exceed expenses, after projecting the next year's revenues and expenses and meeting the requirements for fiscally responsible operational reserves, the agency has a standing policy of considering whether a reduction in fees is appropriate. As it has done in prior years, the Commission has determined that it is fiscally sound to lower this fee to reduce one cost of doing business for license holders.

22 TAC §535.191 Schedule of Administrative Penalties 08/13/2018

The proposed amendments to §535.191 are made as a result of the Commission's quadrennial rule review. The amendments move several violations to a lower tier of penalties and add several violations that are new or were missing from the penalty matrix.

22 TAC §535.212 Education and Experience Requirements for a License 08/13/2018

The proposed amendments to Subchapter R reorganize and clarify the qualifying education, continuing education, and experience requirements for inspectors; remove unused provisions; allow inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body; and would allow inspectors to remove the TREC logo or substitute an inspector's logo in place of the TREC logo on the standard inspection report form. The proposed amendments are recommended by the Texas Real Estate Inspector Committee.

22 TAC §535.213 Qualifying Real Estate Inspector Instructors and Courses 08/13/2018

The proposed amendments to Subchapter R reorganize and clarify the qualifying education, continuing education, and experience requirements for inspectors; remove unused provisions; allow inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body; and would allow inspectors to remove the TREC logo or substitute an inspector's logo in place of the TREC logo on the standard inspection report form. The proposed amendments are recommended by the Texas Real Estate Inspector Committee.

22 TAC §535.218 Continuing Education Required for Renewal 08/13/2018

The proposed amendments to Subchapter R reorganize and clarify the qualifying education, continuing education, and experience requirements for inspectors; remove unused provisions; allow inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body; and would allow inspectors to remove the TREC logo or substitute an inspector's logo in place of the TREC logo on the standard inspection report form. The proposed amendments are recommended by the Texas Real Estate Inspector Committee.

22 TAC §535.223 Standard Inspection Report Form 08/13/2018

The proposed amendments to Subchapter R reorganize and clarify the qualifying education, continuing education, and experience requirements for inspectors; remove unused provisions; allow inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body; and would allow inspectors to remove the TREC logo or substitute an inspector's logo in place of the TREC logo on the standard inspection report form. The proposed amendments are recommended by the Texas Real Estate Inspector Committee.

22 TAC §537.45 Standard Contract Form TREC No. 38-5 08/13/2018

The revisions to the Notice of Buyer's Termination of Contract adds a requirement to include lender's written notice setting forth the reasons Property Approval was not obtained when terminating the contract for that reason. A new and an existing item that grant buyer termination rights under the contracts or addenda, and new notice language were also added.

PDF icon 38-6 Re-Proposed Buyer's Termination.pdf
22 TAC §537.47 Standard Contract Form TREC No. 40-7 08/13/2018

The Broker-Lawyer Committee recommended a few clarifying revisions to the Third Party Financing Addendum and reformatted it so that it was consistent with other Commission promulgated addenda and changed the last sentence of Paragraph 5B so that it states "...brokers and sales agents provided under Broker Information."

PDF icon 40-8 Re-Proposed Third Party Financing Addendum.pdf
22 TAC §537.56 Standard Contract Form TREC No. 49-0 08/13/2018

The Broker-Lawyer Committee revised the Addendum Concerning Right to Terminate Due to Lender's Appraisal to improve understanding and use of the form after receiving comments that it was hard to understand.

PDF icon 49-1 Proposed Right to Terminate due to Lender's Appraisal.pdf