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(a)Any interested person, as defined by §2001.021,
Government Code, may request a rule be adopted, amended, or repealed
by submitting a written petition to the Commission.
(b)The written petition must include:
(1)the person's full name, mailing address, telephone
number, and email address;
(2)a brief summary of the proposed action and its
desired effect;
(3)a justification for the proposed action set out
in narrative form with sufficient particularity to inform the Commission
the reasons and arguments on which the person is relying;
(4)if proposing a new rule, the text of the new rule
in the exact form that is desired to be adopted; and
(5)if proposing an amendment or repeal, the specific
section and text of the rule the person wants to change, with deletions
crossed through and additions underlined.
(c)The written petition must be submitted to the Commission
by:
(1)delivering the petition in person to the Commission's
headquarters;
(2)sending the petition via email to general.counsel@trec.texas.gov;
or
(3)sending the petition via fax to (512) 936-3788,
ATTN: General Counsel.
(d)Not later than 60 days after the date of submission
of a petition that complies with the requirements of this section,
the Chair of the Commission, in consultation with Commission staff,
shall review the petition and either:
(1)deny the petition in writing, stating the reasons
for the denial; or
(2)initiate a rulemaking proceeding under Chapter
2001, Government Code, by directing that the petition be placed on
the next agenda for discussion by:
(A)the Commission; or
(B)the appropriate advisory committee with subject
matter jurisdiction.
The agency certifies that legal counsel
has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 24, 2021
TRD-202100803 Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 11, 2021
For further information, please call: (512) 936-3057
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