The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §537.11 concerning Professional Agreements and Standard Contracts. The proposed amendments are nonsubstantive and break down existing paragraphs into subsections to provide structure to each subsection for readability and clarity.

Texas real estate licensees are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and a public member appointed by the governor.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the proposed rule as amended 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 rule. There is no anticipated economic effect on small businesses, micro-businesses, persons, or local or state employment as a result of implementing the amendment.

Ms. DeHay also has determined that for each year of the first five years the amended section as proposed is in effect the public benefit anticipated as a result of enforcing the sections will be clarification of the rules requiring generally required the use forms promulgated by TREC when negotiating contacts for the sale of real property.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The deadline for comments is 30 days after publication in the Texas Register.

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