The Texas Real Estate Commission (TREC) proposes amendments to §535.91, concerning Renewal Notices, §535.92, concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements and §535.94, concerning Hearing on Application Disapproval; Probationary License.

The amendments are necessary in order to comply with legislation enacted during the 80th Legislative Session which created a new provision that permits a 3-hour legislative exemption for mandatory continuing education and which transferred the functions of TREC's administrative law judge to the State Office of Administrative Hearings.

The amendments to §§535.91, 535.92, and 535.94 were adopted on an emergency basis at a TREC meeting on August 6, 2007, and published in the August 24, 2007, issue of the Texas Register (32 TexReg 5242). Senate Bill 914 and House Bill 1530, each of which became effective September 1, 2007, included revisions to Texas Occupations Code, Chapter 1101.

Loretta R. DeHay, General Counsel, has determined that for each year of the first five years that the sections are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the sections, 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 sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be the assurance of appropriate mandatory continuing education credit for members of the Legislature who are licensed by the Commission and consistent, fair, and efficient administration of contested cases involving application disapprovals, and that there is no probable economic cost to persons required to comply with the sections. 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 proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101.

The statute affected by the proposed amendments is Texas Occupations Code, Chapter 1101. No other statute, code, or article is affected by the proposed amendments.