Skip to Content

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 Adopted Rules

Rule Number
Rule Name
Motion for Rehearing
Proposed Date
02/11/2019
Adopted Date
05/06/2019
Effective Date:
05/28/2019

The amendments to §533.8 clarify the methods for filing a motion for rehearing with the Commission by adding the email address and facsimile number to which a motion for rehearing may be sent.

Initiation of Investigation
Proposed Date
02/11/2019
Adopted Date
05/06/2019
Effective Date:
05/28/2019

The amendments to §535.141 change the caption of this section to clarify that this section also includes order requirements. The amendments also add language to this section to clarify how the agency prioritizes complaint investigations as required in Tex. Occ. Code §1101.204. The amendments remove existing language from subsection (b), since that language is included in the new §535.142, and correct a typographical error by inserting a missing period to the end of subsection (f).

Consumer Complaint Processing
Proposed Date
02/11/2019
Adopted Date
05/06/2019
Effective Date:
05/28/2019

The new §535.142 specifies the steps followed by the Commission when processing and investigating consumer complaints. This new section also includes the language from §535.161 in this Chapter, which is being repealed.

Failing to Provide Information
Proposed Date
02/11/2019
Adopted Date
05/06/2019
Effective Date:
05/28/2019

The repeal of §535.161 is necessary because the language for this rule is being included in a new rule, 22 TAC §535.142, Consumer Complaint Processing, and this section is not referenced in any other section in this Chapter.

Recently Proposed Rules

Rule Number
Rule Name
Competency
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments clarify the definition of competency to conform with recent changes to §535.2, Broker Responsibility, which requires brokers to ensure their sponsored agents have geographic and property type competence

Education Standards Advisory Committee
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendment extends the existence of the Education Standards Advisory Committee to 2025 to mirror the next sunset review of TREC.

Approval of Providers of Qualifying Courses
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments 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. 

Approval of Instructors of Qualifying Courses
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments are made in direct response to the Sunset Advisory Commission Report, which directs the elimination of TREC's authority to approve real estate and inspector instructors but retains the ability to set qualifications and standards of instructors for TREC approved courses.

Responsibilities and Operations of Providers of Qualifying Courses
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments add that a provider must provide a hyperlink or URL to the TREC website when displaying exam passage rates in any advertisement. In addition, proposed amendments eliminate the waiting period before retesting for students who fail a course exam, leaving the decision as to remedial course work before the retest to the providers. Finally, §535.65 was updated to reflect the changes made to §535.63 due to the Sunset Advisory Commission Report directive that instructors of courses be approved by providers and not licensed by the Commission, but retains the ability of the Commission to set qualifications and standards of instructors for TREC approved courses.

Approval of Continuing Education Instructors
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments are made in direct response to the Sunset Advisory Commission Report which directs the elimination of TREC's authority to approve real estate and inspector instructors but retains the ability to maintain qualifications and standards of instructors and TREC approved courses.

Responsibilities and Operations of Continuing Education Providers
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments reflect the changes made to §535.74 based on the Sunset Advisory Commission Report which directs the elimination of TREC's authority to approve real estate and inspector instructors but retains the ability to set qualifications and standards of instructors for TREC approved courses.

Receiving and Undisclosed Commission or Rebate
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments provide clarity about consumer protection issues when paying or receiving funds to/from other settlement service providers.

The Texas Real Estate Inspector Committee
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments reinstate term limits for Texas Real Estate Inspector Committee members, align term expiration dates with other advisory committees for the Commission, change the meeting month in which officers are elected from February to January to better align with the committee's meeting schedule, and update the Sunset date to match the new Sunset date for the Commission.

Examinations
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments allow the two part licensure examination to be taken at two separate times.   The proposed amendment also clarifies that for an individual licensed in another state who has already passed the national examination, the coursework and examination portion associated with the national portion are not required for licensure in Texas.  The proposed amendment also specifies what courses must be retaken if an applicant thrice fails either the national or state portion of the examination.  

Education and Experience Requirements for a License
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed new rule significantly streamlines the pre-licensing requirement for inspectors.

Education and Experience Requirements for a License
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed repeal is recommended by the Texas Real Estate Inspector Committee.  The Committee is recommending new §535.212 to streamline inspector pre-licensing education requirements pursuant to the recent Sunset Advisory Commission recommendations to ensure the rules are “meaningful, efficient, and not unnecessarily burdensome.”  The repeal was necessary due to the significant changes proposed.

Qualifying Real Estate Inspector Courses
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed new rule details the new required coursework for licensure.

Qualifying Real Estate Inspector Courses
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed repeal is recommended by the Texas Real Estate Inspector Committee.  The Committee is recommending new §535.213 to streamline inspector pre-licensing education requirements pursuant to the recent Sunset Advisory Commission recommendations to ensure the rules are “meaningful, efficient, and not unnecessarily burdensome.”  The repeal was necessary due to the significant changes proposed.

Continuing Education Required for Renewal
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments set out the continuing education topics required for inspectors to renew their licenses that are currently cross referenced to §535.213, which is proposed for repeal. 

Professional Conduct and Ethics
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments add additional settlement providers to the list of those prohibited from paying or receiving valuable consideration to an inspector in connection with a real estate transaction. The additions update the rule to parallel the revision made to 22 TAC §535.148 dealing with preserving settlement provider independence in real estate transactions.

Inspection Reports
Proposed Date
05/06/2019
Adopted Date
08/12/2019

The proposed amendments clarify that the inspector does not have to deliver the report until after receipt of payment for the report and reduces the delivery time after payment from three days to two.