The Texas Real Estate Commission (TREC) adopts amendments to §535.56, concerning Education and Experience Requirements for a Broker License, with changes as published in the December 30, 2011, issue of the Texas Register (36 TexReg 9169). The difference between the rule as proposed and as finally adopted is the deletion of subsection (j) which established an effective date of January 1, 2012. Under current §535.56, the commission has waived the education and experience required for a broker license for a broker who was licensed as a broker in the preceding two years and otherwise meets the requirements of the subsection. The rule as amended conforms subsection (h) by deleting a sentence which implies that a person previously licensed as a salesperson may become a broker under the waiver.

The reasoned justification for the amendment is to make consistent all the subsections in §535.56.

The revision to the rule as adopted does not change the nature or scope so much that they could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed version and does not materially alter the issues raised in the proposed rule. The change in the rule reflects a non-substantive variation from the proposed rule to make the affected rule consistent with other rules.

No comments were received on the rule as proposed.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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