The Texas Real Estate Commission (TREC) adopts amendments to §537.30, Standard Contract Form TREC No. 23-9 (New Home Contract (Incomplete Construction)) and §537.31, Standard Contract Form TREC No. 24-9 (New Home Contract (Complete Construction)) without changes to the proposed text as published in the September 11, 2009, issue of the Texas Register (34 TexReg 6278), and will not be republished. The amendments eliminate from the new home contracts provisions required by the Texas Residential Construction Commission Act (Title 16 of the Texas Property Code) that are no longer appropriate after the September 1, 2009, expiration of the Act. In §537.30 and §537.31, Standard Contract Forms TREC Nos. 23-9 and 24-9 are amended to delete from Paragraph 22 the references to the Addendum Containing Required Notices under §§5.016, 420.001 and 420.002, Texas Property Code, which is being repealed. These amendments were adopted on an emergency basis at the August 17, 2009, commission meeting, as published in the September 11, 2009, issue of the Texas Register (34 TexReg 6202).

The reasoned justification for the amendments as adopted is consistency between state law and the TREC-promulgated contract forms.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code, §1101.155, which authorizes the Texas Real Estate Commission to adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the commission.

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