The Texas Real Estate Commission (TREC) adopts on an emergency basis the repeal of existing provisions in Chapter 533 concerning Practice and Procedure, specifically §§533.31 - 533.39. The repeal is adopted on an emergency basis to comply with new legislation that included revisions to Texas Occupations Code Chapters 1101 and 1102 enacted during the 80th Legislative Session, Regular Session, by Senate Bill 914 and House Bill 1530. The effective date of SB 914 and HB 1530 is September 1, 2007. New rules are being simultaneously adopted on an emergency basis to replace the existing rules. The repeal of the rules are necessary because they conflict with the new rules that address the procedure for taking disciplinary hearings to the State Office of Administrative Hearings as provided by SB 914. The repeal of the existing rules and the adoption of the new rules permit TREC to comply with the effective date required by both bills.

The emergency rules are adopted 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 emergency adoption are Texas Occupations Code, Chapters 1101 and 1102, and Senate Bill 914, and House Bill 1530, 80th Legislature, R.S. No other statute, code or article is affected by the adopted amendments.