The Texas Real Estate Commission (TREC or the commission) proposes amendments to §535.31, regarding Attorneys at Law; §535.32, regarding Attorneys in Fact; and §535.34, regarding Salespersons Employed by an Owner of Land and Structures Erected by the Owner.

The amendments to §535.31 shorten the reference to the Act as defined in the definitions section of the rules. The amendments to §535.32 clarify that a power of attorney must be valid and changes the term "agency" to "brokerage." The amendments to §535.34 references the provision in the Act to which it refers, clarifies that an independent contractor is not an employee, and incorporates the text repealed from §535.35.

Generally speaking, the amendments correct typographical errors, reorganize, clarify, and streamline existing rules, and update cites to new laws and codes.

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

Ms. DeHay also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be more streamlined, consistent and readable rules.

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 statutes affected by this proposal are Texas Occupations Code, Chapter 1101 and Chapter 1102. No other statute, code or article is affected by the proposal.