Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
SUBCHAPTER DNEGOTIATED RULEMAKING
RULE §533.40Negotiated Rulemaking
ISSUE 03/07/2014
ACTION Proposed
Preamble Texas Admin Code Rule
(a)It is the Commission's [commission's] policy to employ negotiated rulemaking procedures when appropriate. When the Commission [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 [commission] will appoint a convener to assist it in determining whether it is advisable to proceed. The convener shall have the duties described by Texas Government Code, §2008.052, [in Texas Government Code, Chapter 2008], and shall make a recommendation to the Administrator [ 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 [commission] shall initiate negotiated rulemaking according to the provisions of Texas Government Code, Chapter 2008.

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, 2014

TRD-201400862

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 6, 2014

For further information, please call: (512) 936-3604

 

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