(a)The Commission adopts by reference the Information
About Brokerage Services Notice [Form], TREC
No. IABS 1-0 (IABS Notice [Form]). The IABS Notice
[Form] is published by and available from the Texas
Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188,
www.trec.texas.gov.
(b)Each active real estate broker and sales agent
shall provide:
(1)a link to a completed [the]
IABS Notice [Form] labeled "Texas Real Estate
Commission Information About Brokerage Services", in at least a 12 [
10] point font, in a readily noticeable place on the homepage
of the business website of the broker and sales agent. "TREC"
may be substituted for "Texas Real Estate Commission"; and
(2)the completed IABS Notice at the
first substantive communication [Form] as required
under §1101.558, Texas Occupations Code.
(c)For purposes of §1101.558, Texas Occupations
Code, the completed IABS Notice [Form]
can be provided:
(1)by personal delivery by the broker or sales agent;
(2)by first class mail or overnight common carrier
delivery service;
(3)in the body of an email; or
(4)as an attachment to an email, or a link within
the body of an email, with a specific reference to the IABS Notice [
Form] in the body of the email.
(d)The [Providing a] link to a
completed [the] IABS Notice may not be: [
Form]
(1)in the footer of the homepage
of a business website; or
(2)in a footnote or signature block in
an email [does not satisfy the requirements of subsection (c)].
(e)For purposes of this section,
business website means a website on the internet that:
(1)is accessible to the public;
(2)contains information about a license holder's real
estate brokerage services; and
(3)the content of the website is controlled by the
license holder.
(f)For purposes of providing the
link required under subsection (b)(1) on a social media platform,
the link may be located on:
(1)the account holder profile; or
(2)a separate page or website through a direct link
from the social media platform or account holder profile.
(g)[(e)] License holders may
reproduce the IABS Notice [Form] published by
the Commission, provided that the text of the IABS Notice [
Form] is copied verbatim and the spacing, borders and placement
of text on the page must appear to be identical to that in the published
version of the IABS Notice [Form], except that
the Broker Contact Information section may be prefilled.
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 August 11, 2017
TRD-201703079 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 24, 2017
For further information, please call: (512) 936-3092
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