Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER TEASEMENT OR RIGHT-OF-WAY AGENTS
RULE §535.401Required Notices
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule
(a)The Commission adopts by reference TREC No. ERW 4-1, Notice Regarding Easements and Rights-of-Way, which is published by and available from the Commission, P.O. Box 12188, Austin, Texas 78711-2188.

 (b)Each certificate holder [registrant] shall, before a party in a transaction other than the party the certificate holder [registrant] represents is obligated to sell, buy, lease, or transfer a right-of-way or easement, provide to the party a copy of TREC No. ERW 4-1 completed by the certificate holder [registrant].

 (c)Each certificate holder [registrant] shall provide the consumer notice adopted under §531.18 of this title (relating to Consumer Information) in the manner described by that section. [by:]

   [(1)displaying it in a readily noticeable location in each place of business the registrant maintains; and]

    [(2)providing a link to it labeled Texas Real Estate Commission Consumer Protection Notice , in at least a 10 point font, in a readily noticeable place on the homepage of the business website of the registrant].

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 15, 2023

TRD-202300751

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2023

For further information, please call: (512) 936-3284

 

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