The Texas Real Estate Commission (TREC or the commission) adopts the repeal of §535.154, regarding Misleading Advertising, without changes to the proposed text as published in the September 10, 2010, issue of the Texas Register (35 TexReg 8273) and will not be republished.

The repeal is necessary because the subject is addressed in the section is covered in revisions to Subchapter N which TREC is simultaneously adopting as part of a comprehensive rule review of Chapter 535. As the reformation of the subchapters comprehensively addresses the subjects of the repealed rule, repeal of the rule is necessary to avoid confusion and repetition.

The reasoned justification for the amendments is more streamlined, consistent and readable rules.

No comments were received on the repeal as proposed.

The repeal is adopted 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 adoption are Texas Occupations Code, Chapter 1101 and Chapter 1102. No other statute, code or article is affected by the adoption.