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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
Petition for Adoption of Rules
Proposed Date
02/19/2021
Adopted Date
05/03/2021
Effective Date:
05/26/2021

New rule §533.50 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.


Recently Proposed Rules

Rule Number
Rule Name
Standard Inspection Report Form
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.223 and the form adopted by reference clarify the requirement when an inspector uses computer software or other means to produce an inspection report to ensure that in complies with established reporting requirements.

Attachment(s)
Standards of Practice: General Provisions
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.227 require an inspector to use all reasonable and appropriate tools necessary to comply with the requirements of Standards of Practice and specifies that if an inspector provides services beyond the scope of the Standards of Practice as part of a real estate inspection must be competent to provide those services.  Additionally, the proposed amendments to §535.227 clarify that an inspector cannot perform an inspection for a client until they have notified the client of any systems or components the inspector does not routinely inspect that are otherwise required by the Standards of Practice. Finally, the proposed amendments to §535.227 include a new definition for “gas distribution system” to conform to changes made by proposed amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

Standards of Practice: Minimum Inspection Requirements for Structural Systems
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.228 update requirements for garage doors to better reflect current building code requirements and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by proposed amendments to §535.331, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

Standards of Practice: Minimum Inspection Requirements for Electrical Systems
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.229 update the requirements for electrical systems to better reflect current building code requirements.

Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.230 clarify what an inspector is required to do and report when determining if a HVAC system is functioning properly. The proposed amendments to §535.330 also clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by proposed amendments to §535.331, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

Standards of Practice: Minimum Inspection Requirements for Plumbing Systems
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.231 require an inspector to report the material used for water supply lines, water drain lines, and the gas distribution system, specify that certain items are required to be reported when only when visible, and require an inspector to report water pressure exceeding 80 PSI. The proposed amendments to §535.231 move the requirements related the inspection of a gas distribution system that are currently contained in various other sections of the Standards of Practice to a new subsection (d) of this section and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to the new subsection (d).

Standards of Practice: Minimum Inspection Requirements for Appliances
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.232 move the general exception to the requirements of this section to the end of the rule to mirror other sections of the Standards of Practice. The proposed amendments to §535.232 also update the requirements for bathroom ventilation to better reflect current building code requirements, specify that certain items are required to be reported when only when visible, and clarify the reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by proposed amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

Standards of Practice: Minimum Inspection Requirements for Optional Systems
Proposed Date
05/03/2021
Adopted Date
08/09/2021

The proposed amendments to §535.233 add an optional reporting requirement for built-in appliances, specify that an inspector is not required to report on the performance of an underground zone of a sprinkler system, and clarify that private sewage system is not limited to a septic system.

Professional Conduct and Ethics
Proposed Date
02/19/2021
Adopted Date
05/03/2021

The proposed amendment adds that the consent an inspector must receive from the 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.