Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 531CANONS OF PROFESSIONAL ETHICS AND CONDUCT
RULE §531.20Information About Brokerage Services
ISSUE 12/01/2017
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The Commission adopts by reference the Information About Brokerage Services Notice, TREC No. IABS 1-0 (IABS Notice). The IABS Notice is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov.

(b)Each active real estate broker and sales agent shall provide:

  (1)a link to a completed IABS Notice in a readily noticeable place on the homepage of each business website, labeled:

    (A)"Texas Real Estate Commission Information About Brokerage Services", in at least 10 point font; or

    (B)"TREC Information About Brokerage Services", in at least 12 point font; and

  (2)the completed IABS Notice at the first substantive communication as required under §1101.558, Texas Occupations Code.

(c)For purposes of §1101.558, Texas Occupations Code, the completed IABS Notice can be provided:

  (1)by personal delivery by the broker or sales agent;

  (2)by first class mail or overnight common carrier delivery service;

  (3)in the body of an email; or

  (4)as an attachment to an email, or a link within the body of an email, with a specific reference to the IABS Notice in the body of the email.

(d)The link to a completed IABS Notice may not be in a footnote or signature block in an email.

(e)For purposes of this section, business website means a website on the internet that:

  (1)is accessible to the public;

  (2)contains information about a license holder's real estate brokerage services; and

  (3)the content of the website is controlled by the license holder.

(f)For purposes of providing the link required under subsection (b)(1) on a social media platform, the link may be located on:

  (1)the account holder profile; or

  (2)a separate page or website through a direct link from the social media platform or account holder profile.

(g)License holders may reproduce the IABS Notice published by the Commission, provided that the text of the IABS Notice is copied verbatim and the spacing, borders and placement of text on the page must appear to be identical to that in the published version of the IABS Notice, except that the Broker Contact Information section may be prefilled.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 16, 2017

TRD-201704612

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: December 6, 2017

Proposal publication date: August 25, 2017

For further information, please call: (512) 936-3092



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