Texas Register

RULE §535.46Broker Responsibility Advisory Committee
ISSUE 08/25/2023
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The Commission establishes a Broker Responsibility Advisory Committee to regularly examine issues surrounding broker responsibility within the real estate industry, make recommendations regarding possible legislative changes associated with broker responsibility, and examine Commission rules related to broker responsibility.

(b)The committee consists of 9 members appointed by the Commission who must meet the following requirements:

  (1)members must hold an active real estate broker license issued by the Commission; and

  (2)members must have been engaged in the practice of brokerage activity for at least five years prior to appointment and be actively engaged in that practice.

(c)The Commission may appoint a non-voting member(s) from the Commission.

(d)Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(e)Members of the committee serve staggered four-year terms with terms beginning on January 1.

(f)Notwithstanding subsection (e) of this section, the Commission shall initially appoint nine members as follows:

  (1)three members to serve a two-year term to expire on December 31, 2026, regardless of the date the members are appointed;

  (2)three members to serve a three-year term to expire on December 31, 2027, regardless of the date the members are appointed; and

  (3)three members to serve a four-year term to expire on December 31, 2028, regardless of the date the members are appointed.

(g)A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.

(h)At a regular meeting in January of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.

(i)The Commission may remove a committee member if the member:

  (1)does not have the qualifications required by subsection (b) of this section;

  (2)cannot discharge the member's duties for a substantial part of the member's term;

  (3)is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or

  (4)violates Chapter 1101 or Chapter 1102.

(j)If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists.

(k)The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(l)The committee may meet at the call of a majority of its members. The committee shall meet at the call of the Commission.

(m)A quorum of the committee consists of five members.

(n)The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.

(o)The secretary of the committee shall work with Commission staff to prepare and approve written minutes of each meeting and submit the minutes for filing with the Commission.

(p)At least twice a year, the presiding officer of the committee shall report on the activities of the committee to the Commission. The committee may submit its written recommendations concerning broker responsibility to the Commission at any time the committee deems appropriate. If the Commission submits a rule to the committee for development, the presiding officer of the committee or the presiding officer's designate shall report to the Commission after each meeting at which the proposed rule is discussed on the committee's consideration of the rule.

(q)The committee is automatically abolished on September 1, 2031, unless the Commission subsequently establishes a different date.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 9, 2023


Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Effective date: August 29, 2023

Proposal publication date: June 9, 2023

For further information, please call: (512) 936-3284

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