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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
Fees
Proposed Date
08/13/2018
Adopted Date
11/15/2018
Effective Date:
03/01/2019

The 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.

Standard Contract Form TREC No. 38-6
Proposed Date
08/13/2018
Adopted Date
11/15/2018
Effective Date:
03/01/2019

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.

Attachment(s)
Standard Contract Form TREC No. 40-8
Proposed Date
08/13/2018
Adopted Date
11/15/2018
Effective Date:
03/01/2019

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."

Attachment(s)
Standard Contract Form TREC No. 49-1
Proposed Date
08/13/2018
Adopted Date
11/15/2018
Effective Date:
03/01/2019

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.

Attachment(s)
22 TAC §535.208
Application for a License
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The amendments to §535.208, Application for a License, update an incorrect cite.

22 TAC §535.212
Education and Experience Requirements for a License
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The proposed amendments to §535.212, Education and Experience Requirements for a License, reorganizes and clarifies the qualifying education, continuing education, and experience requirements for inspectors and removes unused provisions. 

22 TAC §535.213
Qualifying Real Estate Inspector Instructors and Courses
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The amendments to §535.213, Qualifying Real Estate Inspector Instructors and Courses, reorganizes and clarifies the qualifying education, continuing education, and experience requirements for inspectors, including decreasing the ride along class size; and removes unused provisions. 

22 TAC §535.218
Continuing Education Required for Renewal
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The amendments to §535.218, Continuing Education Required for Renewal, allows 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.

22 TAC §535.219
Schedule of Administrative Penalties
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The amendments to §535.219, Schedule of Administrative Penalties, adds a statutory violation that was inadvertently omitted.

22 TAC §535.220
Professional Conduct and Ethics
Proposed Date
11/15/2018
Adopted Date
02/11/2019
Effective Date:
03/05/2019

The amendments to §535.220, Professional Conduct and Ethics, ties the section back to the parallel requirements of §531.18, which was recently updated to provide more flexibility for license holders. 

Recently Proposed Rules

Rule Number
Rule Name
22 TAC §533.8
Motion for Rehearing
Proposed Date
02/11/2019
Adopted Date

The proposed 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.

22 TAC §535.141
Initiation of Investigation
Proposed Date
02/11/2019
Adopted Date

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

22 TAC §535.142
Consumer Complaint Processing
Proposed Date
02/11/2019
Adopted Date

The proposed 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 proposed for repeal.

22 TAC §535.161
Failing to Provide Information
Proposed Date
02/11/2019
Adopted Date

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