The Texas Real Estate Commission (TREC or the commission) proposes the repeal of §535.154 regarding Misleading Advertising. The repeal is proposed because the subject addressed in the section is covered in new proposed amendments to Subchapter N which TREC is simultaneously proposing as part of a comprehensive rule review of 22 TAC Chapter 535. As the reformation of the subchapters will comprehensively address the subjects of the proposed repealed rule, repeal of the rule is necessary to avoid confusion and repetition.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the proposed repeal is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the repeal. There is no anticipated economic effect on small businesses, micro-businesses, persons, or local or state employment as a result of implementing the repeal.

Ms. DeHay also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be more streamlined and readable rules.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The deadline for comments is 30 days after publication in the Texas Register.

The repeal is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.

The statutes affected by this proposal are Texas Occupations Code, Chapter 1101 and Chapter 1102. No other statute, code or article is affected by the proposal.