Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER SRESIDENTIAL RENTAL LOCATORS
RULE §535.300Advertising by Residential Rental Locators
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)This section is intended to establish standards relating to permissible forms of advertising by a person licensed as a real estate broker or salesperson and functioning as a residential rental locator ("locator"). For the purposes of this section, the term "residential rental locator" shall have the meaning provided by [Texas Occupations Code, Chapter 1101 (the Act),] §1101.002(6) of the Act. For the purposes of this section, the term "advertisement" shall have the same meaning provided by §535.154(a) of this chapter (relating to Advertising) [includes, but is not limited to advertising in printed form, signs, or advertising using radio, television or personal computers].

(b) - (d)(No change.)

(e)Advertising by locators must also comply with the provisions of [the Act,] §1101.652(b)(23) of the Act and §535.154 of this chapter [title (relating to Misleading Advertising)].

(f)Failure to comply with this section is grounds for the commission to reprimand a licensee, to suspend or revoke a license, to take other disciplinary action, and/or to impose an administrative penalty in accordance with §1101.701 of the Act[, §1101.757].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 26, 2010

TRD-201005036

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 10, 2010

For further information, please call: (512) 465-3926



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