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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 Adopted Rules

Rule Number
Rule Name
Standard Contract Form TREC No. 40-8 (Third Party Financing Addendum)
Proposed Date
08/12/2019
Adopted Date
11/19/2019
Effective Date:
03/01/2020

The Third Party Financing Addendum adopted by reference in §537.47 is amended to clarify that the three-day notice requirement in 2.B does not apply to Paragraph 4 and the “time is of the essence” language was moved to the body of Paragraph 2 for clarity.

Attachment(s)
Standard Contract Form TREC No. 48-0 (Addendum for Authorizing Hydrostatic Testing)
Proposed Date
08/12/2019
Adopted Date
11/19/2019
Effective Date:
03/01/2020

The Addendum for Authorizing Hydrostatic Testing adopted by reference in §537.55 is amended to include a reference to the scope of hydrostatic testing in the top sentence.

Attachment(s)
Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements
Proposed Date
11/19/2019
Adopted Date
02/10/2020
Effective Date:
03/04/2020

The proposed amendment to §535.154 removes an unnecessary word that was inadvertently left in the text during the last substantive change to the rule.

Renewal of License
Proposed Date
11/19/2019
Adopted Date
02/10/2020
Effective Date:
03/04/2020

The amendments implement statutory changes enacted by the 86th Legislature in SB 37 eliminating consideration of student loan defaults when deciding whether to grant an occupational license and SB 624 authorizing the Commission to deny license renewal if a license holder is in violation of a Commission order. The proposed amendments also reorganize this section to improve readability and increase transparency for license holders and members of the public.

Criminal Offense Guidelines
Proposed Date
11/19/2019
Adopted Date
02/10/2020
Effective Date:
03/04/2020

The amendment to §541.1 implements statutory changes enacted by the 86th Legislature in HB 1342 regarding the requirements for evaluating the criminal history of licensed applicants and license holders.


Recently Proposed Rules

Rule Number
Rule Name
§535.72
Approval of Non-elective Continuing Education Courses
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §535.72 streamline the requirements of non-elective continuing education courses between classroom delivery and distance education delivery, so that no matter the delivery method, the requirements are the same. 

§535.73
Approval of Elective Continuing Education Courses
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §535.73 adds a requirement for education providers to submit a timed course outline when applying for approval of an elective continuing education course.

§535.75
Responsibilities and Operations of Continuing Education Providers
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed changes to §535.75 further streamline the requirements for continuing education providers by only requiring end of course examinations for non-elective continuing education courses, regardless of course delivery (classroom or distance).

§535.92
Continuing Education Requirements
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §535.92 add three hours of required continuing education (CE) to real estate sales agents or broker license renewals, the subject matter of which must be  real estate contracts.

§535.210
Fees
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §535.210 eliminate the fee for inspectors for preparing certificates of active licensure or sponsorship.

§535.215
Inactive Inspector Status
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §535.215 removes a provision that places a license on inactive status when an inspector applies to renew a license and pays the applicable fee, but who fails to complete the required continuing education as a condition for renewal.

§539.140
Schedule of Administrative Penalties
Proposed Date
02/10/2020
Adopted Date
05/04/2020

The proposed amendments to §539.140 correct a reference within the rules.