The Texas Real Estate Commission (TREC) proposes amendments to §541.1, concerning Criminal Offense Guidelines; and §541.2, concerning Criminal History Evaluation Letters.

The proposed amendments are made following a comprehensive rule review of Chapter 541 to better reflect current TREC procedures and to simplify and clarify where needed.

The proposed amendments to §541.1 clarify the scope of the bribery offense; add felonies involving the manufacture, delivery, or intent to deliver controlled substances to the list of criminal offenses that TREC considers when determining a person's ability to perform the duties and responsibilities of persons licensed by TREC; remove language that is duplicative of the Texas Criminal Code; and add clarity and consistency of terminology throughout TREC's rules.

The proposed amendments to §541.2 makes conforming terminology changes to the rule.

Kerri Lewis, 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 sections. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the sections. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Lewis also has determined that for each year of the first five years the sections as proposed are in effect, the public benefit anticipated as a result of enforcing the sections will be better understanding of criminal offense guideline provisions 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 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 proposed amendments.