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Texas Register Preamble


The Texas Real Estate Commission (TREC or the commission) adopts amendments to §535.91, regarding Renewal Notices; §535.92, regarding Renewal: Time for Filing; Satisfaction of Mandatory Continuing Requirements; §535.94, regarding Hearing on Application Disapproval: Probationary Licenses; and new §535.96, regarding Mailing Address and Other Contact Information, without changes to the proposed text as published in the September 10, 2010, issue of the Texas Register (35 TexReg 8263) and will not be republished.

TREC is simultaneously adopting the amendments and new rule as part of a comprehensive rule review of 22 TAC Chapter 535.

Section 535.91 is amended to make it consistent with other provisions; parts of subsection (c) are deleted and moved to new §535.96; new subsection (e) is moved from §535.92(m). Section 535.92 is amended to provide consistency with other provisions of the chapter; new subsection (e) is moved from §535.63(c). Section 535.94 is amended to provide consistency with other provisions of the chapter; new subsection (d) clarifies that if a person who has a probationary license renews the license within the one-year late renewal period, the new license is subject to the remaining probationary period from the previous probationary license. New §535.96 regarding Mailing Address and Other Contact Information is moved from §535.91; the new section requires licensees to notify the commission of the licensee's email address.

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

The reasoned justification for the rule adoption is more streamlined, consistent and readable rules.

No comments were received on the rules as proposed.

The amendments and new rule 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 in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.

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



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