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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 our TREC Rules Page or to the Secretary of State's Website.

Recently Proposed and Adopted Rules

Rule Number Rule Name Proposed Date Adopted Date Effective Date Summary Attachment(s)
22 TAC §535.5 License Not Required 02/13/2017 05/01/2017 05/24/2017

The amendments remove the provision regarding selling and buying equitable interests in property from the "license not required" rule and create a new rule (§535.6) dealing with equitable interest in property, disclosures, and the circumstances under which buying and selling equitable interests will and will not require a real estate license.

22 TAC §535.6 Equitable Interests in Real Property 02/13/2017 05/01/2017 05/24/2017

The amendments remove the provision regarding selling and buying equitable interests in property from the "license not required" rule (§535.5) and create a new rule dealing with equitable interest in property, disclosures, and the circumstances under which buying and selling equitable interests will and will not require a real estate license.

22 TAC §535.53 Business Entity; Designated Broker 02/13/2017 05/01/2017 05/24/2017

The amendment eliminates the word "directly" when referring to designated broker ownership requirements for a business entity. The amendment is adopted to avoid confusion regarding the requirement since a designated broker may own at least 10% of the business entity through a verified ownership chain in other business entities.

22 TAC §535.63 Approval of Qualifying Instructors 02/13/2017 05/01/2017 05/24/2017

The amendments clarify the three years of experience in teaching or training applies whether you have a college degree in the subject area or have five years of active experience as a license holder and that the required adult education instructor training class must be taken in person in a classroom setting. The amendments to §535.63 also change references to inspector course names to conform this section with corresponding amendments proposed for §535.218, Continuing Education Required for Renewal.

22 TAC §535.64 Content Requirements for Qualifying Real Estate Courses 02/13/2017 05/01/2017 05/24/2017

The amendments allow credit for an elective qualifying course that is an advanced version of a qualifying course listed in the rule or a combination course consisting of a variety of subject matter topics from qualifying courses listed in the rule.

22 TAC §535.65 Responsibilities and Operations of Providers of Qualifying Courses 02/13/2017 05/01/2017 05/24/2017

The amendments set out additional requirements providers must follow when a classroom course is being delivered to remote locations through the use of technology. These amendments were recommended by the Education Standards Advisory Committee to ensure that live classroom courses being delivered through the use of technology were properly administered to ensure the students were getting the true equivalent of classroom instruction.

22 TAC §535.72 Approval of Non-elective Continuing Education Courses 02/13/2017 05/01/2017 05/24/2017

The amendments change the real estate inspector continuing education requirements for non-elective coursework to include a four-hour course developed by providers in accordance with a TREC approved course outline and a four-hour course developed by the Commission in conjunction with the Texas A&M University Real Estate Center. The amendments to §535.72 conform this section with the amendments to §535.218, Continuing Education Required for Renewal, for consistency and clarify procedures for education providers to seek approval of these two continuing education courses. The amendments also specify course expiration dates and capitalize the Broker Responsibility course name.

22 TAC §535.74 Approval of Continuing Education Instructors 02/13/2017 05/01/2017 05/24/2017

The amendments conform this section with the amendments to §535.218, Continuing Education Required for Renewal, for consistency.

22 TAC §535.201 Definitions 02/13/2017 05/01/2017 05/24/2017

The amendments add a definition for the term "standards of practice," which is used throughout Subchapter R of this title and deletes the definition for Texas Standards of Practice/Legal/Ethics Update since this course was restructured and renamed.

22 TAC §535.212 Education and Experience Requirements for a License 02/13/2017 05/01/2017 05/24/2017

The amendments conform this section with the proposed amendments to §535.218, Continuing Education Required for Renewal, for consistency. In addition, the amendments delete references throughout this section to an option for obtaining substitute experience that has expired and is no longer available to license holders.

22 TAC §535.218 Continuing Education Required for Renewal 02/13/2017 05/01/2017 05/24/2017

The amendments change the real estate inspector continuing education requirements for non-elective coursework to include a four-hour course developed by providers in accordance with a TREC approved course outline and a four-hour course developed by the Commission in conjunction with the Texas A&M University Real Estate Center.

PDF icon SOPR-0.pdf
22 TAC §535.227 Standards of Practice: General Provisions 02/13/2017 05/01/2017 05/24/2017

The amendments correct a clerical error that occurred when this section was recently amended as part of a comprehensive review of the standards of practice in Subchapter R.

22 TAC §533.8 Motions for Rehearing 05/01/2017

The proposed amendments clarify the ways a motion for rehearing may be filed with the Commission.

22 TAC §535.53 Business Entity; Designated Broker 05/01/2017

The proposed amendments clarify the authorized positions by type of entity to alleviate confusion for applicants.

22 TAC §535.56 Education and Experience Requirements for a License 05/01/2017

The proposed amendments relocate the complete list of course options for the 630 related classroom hours for a broker’s license from §535.64(c) for greater clarity for applicants and providers.

22 TAC §535.64 Content Requirements for Qualifying Real Estate Courses 05/01/2017

The proposed amendments add course content guidelines for Real Estate Appraisal, Real Estate Investment, Real Estate Law and Residential Inspection for Real Estate Agents and relocates the complete list of course options for the 630 related classroom hours for a broker’s license from §535.64(c) to §535.56 for greater clarity for applicants and providers.

PDF icon 535.64_forms.pdf
22 TAC §535.91 Renewal of a Real Estate License 05/01/2017

The proposed amendments establish a deadline for submission of an application and supporting documentation to be considered a timely filing. This will allow time for review by staff and the opportunity for curing any deficiencies by the entity prior to the license expiration date. It also clarifies the authorized positions by type of entity and sets out the statutory requirement that the entity be authorized to transact business in Texas in the list of what is required for renewal of an entity license for greater clarity for the license holder.