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Our license holders are governed by the Texas Real Estate License Act, the Inspector 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 a 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 Inspection Report Form
Proposed Date
05/03/2021
Adopted Date
08/09/2021
Effective Date:
02/01/2022

The 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
Effective Date:
02/01/2022

The 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 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 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
Effective Date:
02/01/2022

The 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 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
Effective Date:
02/01/2022

The 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
Effective Date:
02/01/2022

The amendments to §535.230 clarify what an inspector is required to do and report when determining if a HVAC system is functioning properly. The 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
Effective Date:
02/01/2022

The 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 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
Effective Date:
02/01/2022

The 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 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
Effective Date:
02/01/2022

The 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.

Education Standards Advisory Committee
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The amendments update the date the committee is abolished to correspond with the agency's revised sunset review date adopted by the 87th Legislature under SB 713. The  amendments also make conforming changes related to instructors pursuant to SB 624 enacted by the 86th Legislature. Finally, the amendments correct outdated terminology by replacing a reference to “administrator” with “executive director.”

Continuing Education Requirements
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The amendments to §535.92 eliminates subsection (f), which allows license holders to obtain continuing education (CE) credit for a course taken to fulfill a requirement of a professional designation and includes a list of specific professional designations recognized by the Commission for purpose of obtaining CE credit. License holders may still receive CE credit for such courses if providers have submitted and the Commission has approved the course for credit through the usual course approval process.

Receiving an Undisclosed Commission or Rebate
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The amendment to §535.148 corrects a statutory reference and updates a form adopted by reference pursuant to changes enacted by the 87th Legislature in HB 1560.

Attachment(s)
Definitions
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The amendments to §535.201 corrects a reference to the Standards of Practice in subsection (3).

The Texas Real Estate Inspector Committee
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The amendments to §535.206 extend the year the committee is abolished to correspond with SB 713 of the 87th Legislature, which extended the Commission’s sunset review date to 2031.

Standard Contract form TREC No. 9-14
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

See Adopted Rule §537.28, Standard Contract Form TREC No. 20-15 for description of changes.

 

Attachment(s)
Standard Contract form TREC No. 20-15
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

The changes listed below apply to all contract forms unless specified otherwise. Paragraph numbers referenced are from the One to Four Family Residential Contract (Resale).

Paragraph 6(E)(7) is amended to align the contract language with statutory changes in HB 1543 related to public improvement district notice requirements.

Paragraph 7(H) is amended to remove the language “licensed by TREC” to conform with the statutory changes in HB 1560, which transfers regulation of residential service companies to the Texas Department of Licensing and Regulation.

Note: all changes to contract forms were adopted by Emergency rule at the August 9, 2021, Commission meeting, and were effective as of September 1, 2021.

Attachment(s)
Standard Contract form TREC No. 23-16
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

See Adopted Rule §537.28, Standard Contract Form TREC No. 20-15 for description of changes.

 

Attachment(s)
Standard Contract form TREC No. 24-16
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

See Adopted Rule §537.28, Standard Contract Form TREC No. 20-15 for description of changes.

 

Attachment(s)
Standard Contract form TREC No. 25-13
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

See Adopted Rule §537.28, Standard Contract Form TREC No. 20-15 for description of changes.

 

Attachment(s)
Standard Contract form TREC No. 30-14
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

See Adopted Rule §537.28, Standard Contract Form TREC No. 20-15 for description of changes.

 

Attachment(s)
Standard Contract form TREC No. 53-0
Proposed Date
08/09/2021
Adopted Date
11/08/2021
Effective Date:
12/02/2021

New §537.60 creates a new addendum to comply with the requirements of HB 1543.

Attachment(s)


Recently Proposed Rules

Rule Number
Rule Name
Consumer Information
Proposed Date
11/08/2021
Adopted Date
02/14/2022

The proposed amendment to §531.18 and the form adopted by reference is necessary to implement statutory changes enacted by the 87th Legislature in HB 1560, which moved the regulation of residential service companies, also known as home warranty companies, from TREC to the Texas Department of Licensing and Regulation (TDLR) effective September 1, 2021. The proposed amendment to the Consumer Protection Notice removes a reference to home warranty companies being regulated by TREC.

Attachment(s)
Comment
Education and Experience Requirements for a Broker License
Proposed Date
11/08/2021
Adopted Date
02/14/2022

The proposed amendment to §535.56 and the forms adopted by reference incorporate a new point system that is easier to understand.  This simplified point system does not increase the requirements to obtain a broker’s license and is intended to further streamline the broker license application process.  The proposed amendment and forms adopted by reference also include changes to the requirements by mandating an applicant must have performed at least one transaction per year for at least four of the five years preceding the date the application is filed. They also remove the low point value categories of Exclusive Right to Sell Listings, Buyer and Tenant Representation Agreements, and Listings, but increase the opportunity for agents to count team management and now delegated supervision by eliminating the previous maximum amount of points that could be counted under that category.

Attachment(s)
Comment