(a)The Commission adopts by reference the Information
About Brokerage Services Notice, TREC No. IABS 1-0 (IABS Notice).
The IABS Notice 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 IABS Notice in a readily
noticeable place on the homepage of each business website, labeled:
(A)"Texas Real Estate Commission Information About
Brokerage Services", in at least 10 point font; or
(B)"TREC Information About Brokerage Services", in
at least 12 point font; and
(2)the completed IABS Notice at the first substantive
communication as required under §1101.558, Texas Occupations
Code.
(c)For purposes of §1101.558, Texas Occupations
Code, the completed IABS Notice 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
in the body of the email.
(d)The link to a completed IABS Notice may not be
in a footnote or signature block in an email.
(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)License holders may reproduce the IABS Notice published
by the Commission, provided that the text of the IABS Notice 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, except that the Broker Contact Information section may
be prefilled.
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 November 16, 2017
TRD-201704612 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: December 6, 2017
Proposal publication date: August 25, 2017
For further information, please call: (512) 936-3092
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