The Texas Real Estate Commission (TREC) proposes to repeal existing provisions of Chapter 533 concerning Practice and Procedure, specifically §§533.31 - 533.39. New rules are being simultaneously proposed to replace the existing rules.

The repeal is necessary because the existing rules conflict with the new rules, which are being proposed in order to comply with legislation enacted during the 80th Legislative Session which transferred the functions of TREC's administrative law judge to the State Office of Administrative Hearings. The repeals were adopted on an emergency basis on August 6, 2007, and published in the August 24, 2007, issue of the Texas Register (32 TexReg 5239).

Senate Bill 914 and House Bill 1530, each of which became effective September 1, 2007, included revisions to Texas Occupations Code, Chapters 1101, 1102, and 1303.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local governments as a result of repealing the rules, nor is there any anticipated impact on local or state employment.

Ms. DeHay also has determined that for each year of the first five years the repeal as proposed is in effect the public benefit anticipated will be the consistent, fair and efficient administration of hearings in contested case. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the sections.

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

The repeal is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102, and under §1303.05, which authorizes the Commission to adopt and enforce rules necessary to administer Chapter 1303.

The statutes affected by this repeal are Texas Occupations Code, Chapters 1101, 1102, and 1303. No other statute, code, or article is affected by the proposed repeal.