The Texas Real Estate Commission (TREC) proposes amendments to Chapter 534, General Administration, by adding §534.7, concerning vendor protest procedures. The proposed rule is necessary to comply with Texas Government Code, §2155.076. Section 2155.076 of the Government Code requires that the agency's rules for vendor protest procedures must be consistent with rules adopted by the Texas Building and Procurement Commission.

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 vendor protest procedures. 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 2155. No other statutes, articles, or codes are affected by the proposed rule.