The Texas Real Estate Commission (TREC) adopts amendments to §535.400, concerning Registration of Easement or Right-of-Way Agents, and adopts by reference two revised application forms. Section 535.400 is adopted without changes to the proposed text as published in the November 14, 2008, issue of the Texas Register (33 TexReg 9196) but with changes to one of the forms submitted to the Texas Register; therefore, the text of the rule will be republished. Form ERW 1-3, Application For Easement Or Right-of-Way Agent Registration For An Individual, has been changed from the proposed form to reflect the correction of three typos and the updated acronym and address for the Texas Guaranteed Student Loan Corporation. The revisions to the form as adopted does not change the nature or scope so much that it could be deemed a different form. The form as adopted does not affect individuals other than those contemplated by the form as proposed. The form as adopted does not impose more onerous requirements than the proposed version and does not materially alter the issues raised in the proposed form. Changes in the adopted form reflects non-substantive variations from the proposed form to clarify the intent and improve style and readability.

The amendments are adopted to clarify certain licensure requirements for applicants. Both forms revise the language of the question regarding the criminal background of the applicant, designated manager, or designated officer to clarify that deferred adjudication must be disclosed to the Commission. Form ERW 2-3, Application For Easement Or Right-of-Way Agent Registration For A Business, is also updated to reflect current terminology regarding corporate records as amended by the Texas Business Organizations Code.

The reasoned justification for the rule as adopted is greater clarity for applicants regarding required fees and supporting documentation.

No comments were received regarding the amendments as proposed.

The amendments are adopted 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 and certificate holders in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.

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