The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.208 concerning Application for a License and §535.210 concerning Fees. The proposed amendments to §535.208 delete the requirement that an applicant must submit an education evaluation and receive a notice from the commission that the applicant has satisfied all education requirements for a license prior to submitting an application for a license. The amendments also delete the signature requirement, change from 60 to 20 days the time in which an applicant must submit a payment after the commission has requested such payment, and delete the adoption by reference of all application forms. For efficiency and consistency purposes, the application forms will no longer be adopted by reference in the rules but they will continue to be approved by the commission before staff makes the forms available for use by applicants for a license. The changes are part of the upgrades and enhancements being made to the TREC licensing system.

The proposed amendments to §535.210: (1) delete the reference to a specific fee for an education evaluation, (2) add the fee to the relevant application fees, and (3) add an additional fee of $20 to submit a paper form in cases where the commission has established an online process for submitting the same form.

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 direct fiscal implications for the state or for units of local government as a result of enforcing or administering the rule. While there will be increased revenue associated with the additional fee for submitting a paper form in lieu of submitting the form online, the cost to the agency of processing the paper forms will offset the increase.

There is no anticipated economic effect on small businesses, micro-businesses, persons, or local or state employment as a result of implementing the amendments. Texas Occupations Code, Chapter 1101 allows TREC to adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering the chapter and Chapter 1102. The rule as amended only authorizes the commission to charge the additional fee in cases where the same form may be submitted online. Persons may voluntarily avoid paying the $20 fee by submitting the form online. If the commission does not provide the online service, there will be no additional fee to submit the form on paper.

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 section will be enhanced efficiency and consistency as the application process will be streamlined. In addition, applicants will be able to submit education evaluations electronically as part of an application for a license.

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, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed amendments.