Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
RULE §533.40Negotiated Rulemaking
ISSUE 12/28/2007
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)It is the commission's policy to employ negotiated rulemaking procedures when appropriate. When the commission is of the opinion that proposed rules are likely to be complex, or controversial, or to affect disparate groups, negotiated rulemaking will be considered.

(b)When negotiated rulemaking is to be considered, the commission will appoint a convener to assist it in determining whether it is advisable to proceed. The convener shall have the duties described in Texas Government Code, Chapter 2008, and shall make a recommendation to the administrator to proceed or to defer negotiated rulemaking. The recommendation shall be made after the convener, at a minimum, has considered all of the items enumerated in Texas Government Code, §2008.052(c).

(c)Upon the convener's recommendation to proceed, the commission shall initiate negotiated rulemaking according to the provisions of Texas Government Code, Chapter 2008.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2007

TRD-200706257

Loretta R. DeHay

Assistant Administrator and General Counsel

Texas Real Estate Commission

Effective date: December 30, 2007

Proposal publication date: October 26, 2007

For further information, please call: (512) 465-3900



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