The Texas Real Estate Commission (TREC) adopts the repeal of provisions of Chapter 533, concerning Practice and Procedure, specifically §§533.31 - 533.39. New rules are being simultaneously adopted to replace the repealed rules. The repeal is adopted without changes to the proposed text as published in the October 26, 2007, issue of the Texas Register (32 TexReg 7649) and will not be republished.

The commission received no comments during the notice and comment period regarding adoption of the repeal.

The reasoned justification for the adoption of the repeal is that the existing rules conflict with the new rules adopted to implement legislation enacted during the 80th Legislative Session which transferred the functions of the TREC administrative law judge to the State Office of Administrative Hearings. Senate Bill 914 and House Bill 1530, each of which became effective September 1, 2007, included revisions to the Texas Occupations Code, Chapters 1101, 1102, and 1303.

The repeals are adopted under Texas Occupations Code, §1101.151, which authorizes TREC to adopt and to enforce rules necessary to administer Chapters 1101 and 1102 and §1303.051(a), which authorizes TREC to adopt and enforce rules necessary to administer Chapter 1303.

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