The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §531.20, Information About Brokerage Services in Chapter 531, Canons of Professional Ethics and Conduct, with changes to the proposal, as published in the August 25, 2017, issue of the Texas Register (42 TexReg 4229).

The amendments to §531.20 increases the font size of the link to the required notice and prohibits its placement in the footer so that the link to the notice will be easier for consumers to find. The amendments also clarify existing requirements, define "business website" and provide additional methods for compliance for social media platforms.

Eighteen comments were received on the amendments as published, two from trade associations. Most of the commenters pointed out that the footer is a good place for consumers to find the link to the required notice and that it should not be prohibited. The Commission agrees and has revised the language to remove the prohibition of placing the link to the notice in the footer. The Commission notes however, that if placed in the footer, the link must still meet the font size and "readily noticeable" requirement in the rule. Other commenters, including the associations stated that those who are currently in compliance should not have to redo the link in another font size. The Commission agrees and added the shortened version of the link name in a larger font size as a second option, rather than a replacement. This shorter version may be a better fit on social media sites that are used as business websites.

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 greater clarity in the rule to achieve better compliance by license holders, so the consumer is better informed.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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