The Texas Real Estate Commission (TREC) proposes amendments to Chapter 534, General Administration, by adding §534.4, concerning historically underutilized businesses. The proposed rule is necessary to comply with Texas Government Code, §2161.003. Section 2161.003 of the Government Code requires the Commission to adopt the Texas Building and Procurement Commission's rules on Historically Underutilized Businesses.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for the state as a result of enforcing or administering the rule. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses, individuals or local or state employment as a result of implementing the rule.

Ms. DeHay also has determined that for each year of the first five years the rule as proposed is in effect the public benefit anticipated as a result of enforcing the rule will be a decrease in confusion among the vendor community regarding agency rules and procedures for historically underutilized businesses. This should result in a more efficient agency purchasing process.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The new rule is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by this proposal are Texas Occupations Code, Chapter 1101 and Texas Government Code, Chapter 2161. No other statutes, articles, or codes are affected by the proposed rule.