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Texas Register Preamble


The Texas Real Estate Commission (TREC) proposes the repeal of §535.223, concerning standard inspection report forms. The repeal is proposed because the subjects addressed in this section will be covered in new §535.222 and §535.223 TREC is simultaneously proposing as part of the Real Estate Inspector Committee comprehensive review and recommendations regarding inspector standards of practice and reporting requirements. The proposed new rules, otherwise explained in this issue of the Texas Register, would adopt by reference a revised standard inspection report form, clarify that a written inspection report is required for all inspections performed pursuant to an inspector license issued by TREC, and clarify when the standard form is required and how it may be modified by licensees.

Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the repeal. There is no anticipated impact on small businesses, micro- businesses or local or state employment as a result of implementing the repeal. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.

Ms. Bijansky has also determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be clarification of for inspectors and consumers alike regarding the use of the standard inspection report form.

Comments on the proposal may be submitted to Devon V. Bijansky, Assistant 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 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 ensure compliance with the provisions of the Act.

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



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