The Texas Real Estate Commission (TREC) adopts amendments to §535.51, concerning general requirements and §535.53, concerning corporations and limited liability companies. Section 535.51 is adopted with changes to the proposed text as published in the August 29, 2003, issue of the Texas Register (28 TexReg 7157). Section 535.53 is adopted without changes and will not be republished.

The amendments to §535.51 are adopted in connection with the passage of House Bill 1508 by the 78th Legislature (2003) which exempted the current $20 salesperson change of sponsorship or return to active status fee for requests associated with an original salesperson license. The amendments to §535.51 adopt by reference three revised salesperson application forms to delete reference to a salesperson sponsorship fee of $20, and a renewal application for broker license by a limited liability company to amend minor typographical errors in the form. The adopted text differs from the proposed text to adopt by reference a revised Application of Currently Licensed Real Estate Broker for Salesperson License form to delete references in the form to a salesperson sponsorship fee of $20, to renumber the revised form number in subsection (e)(9), and to reflect the current salesperson application fee of $50 in all three salesperson application forms. Based on staff input, the commission has decided not to increase the salesperson application fee from $50 to $70 as proposed in the August 29, 2003, issue of the Texas Register. The changes the commission has determined to make regulate no new parties, affect no new subjects of regulation, are based on staff input at the October 13, 2003 commission meeting, and conform the additional form to the requirements of House Bill 1508.

The amendments to §535.53 change the cites to the relevant statutory provisions in Chapter 1101, Texas Occupations Code. House Bill 2813, 77th Legislature (2001), added Chapter 1101, a nonsubstantive codification of The Real Estate License Act, and repealed Article 6573a, Texas Civil Statutes, effective June 1, 2003. The amendments are also adopted in connection with TREC's on-going review of its rules and are generally intended to update and to clarify the rules concerning requirements for licensure.

No comments were received regarding the amendments.

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 licensees to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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