The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §541.1 concerning Criminal Offense Guidelines without changes to the published text as proposed in the November 14, 2008, issue of the Texas Register (33 TexReg 9197) and will not be republished.

The amendments to §541.1 clarify the types of criminal offenses that the commission believes relate to the duties and responsibilities of a real estate broker, salesperson, easement or right-of-way agent, professional inspector, real estate inspector or apprentice inspector in that the offenses tend to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness and integrity required by Texas Occupations Code Chapters 1101 and 1102.

The reasoned justification for the amendments is consistent application of criminal offense guidelines.

No comments were received on the amendment as proposed.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.

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