The Texas Real Estate Commission (TREC) proposes amendments to §533.3, concerning Filing and Notice, and §533.4, concerning Failure to Answer, Failure to Attend Hearing and Default; and new §533.9, concerning Computation of Time.

The amendments and new section are proposed to better reflect and clarify current TREC procedures and to simplify and clarify where needed.

The proposed amendments to §533.3 move a reworded §533.4(b) to §533.3(a) as a more logical location for that provision; establish that calculation of timeframes for replying to notices are from the date sent; add language that notices may also be sent by email for evidence of actual knowledge; reorganize and edit the rest of the section to better reflect current procedures; note in general where the Administrative Procedure Act and SOAH's procedural rules are applicable; and clarify and simplify the rule for greater understanding.

The proposed amendments to §533.4 provide clarity and consistency by restructuring, renumbering, streamlining wording and correcting terminology and establish that calculation of timeframes for replying to notices are from the date sent. Subsection (b) was moved to §533.3(a) as a more logical location for that provision.

Proposed new §533.9 sets out the criteria used to calculate time for sending or receiving any required notice for clarity and consistency in calculating dates.

Kerri Lewis, General Counsel, has determined that for the first five-year period the proposed amendments and new section 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 and new section. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the amendments and new section. There is no anticipated economic cost to persons who are required to comply with the proposed amendments and new section.

Ms. Lewis also has determined that for each year of the first five years the proposed amendments and new section are in effect, the public benefit anticipated as a result of enforcing the amendments and new section will be better understanding of practice and procedure provisions for contested cases and consistency of terminology throughout TREC's rules.

Comments on the proposal may be submitted to Kerri Lewis, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments and new section are proposed under Texas Occupations Code, §1101.151, which authorizes the TREC 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 those chapters.

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