The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §539.91, Annual Report, in Chapter 539, Rules Relating to the Residential Service Company Act, with changes to the proposal, as published in the August 25, 2017, issue of the Texas Register (42 TexReg 4250).

The amendments to §539.91 align the rules with statutory changes in HB 2279 adopted by the 85th Legislature to be effective January 1, 2018 and to increase comprehension. The subsection regarding mid-year reports was moved and rewritten from another rule that is being repealed for better clarity. The reference to the fee is for clarity of the process. The fee is not new and has not changed.

No comments were received on the amendments as published but a typographical error was corrected in subsection b since no fee is currently required for the mid-year report.

The revisions to the rules as adopted do not change the nature or scope so much that they could be deemed different rules. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed rules.

The reasoned justification for the amendments is to align the rule with recent statutory changes.

The amendments are adopted under Texas Occupations Code, §1303.051, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1303.

The statute affected by this amendment is Texas Occupations Code, Chapter 1303. No other statute, code or article is affected by the amendments.