The Texas Real Estate Commission adopts amendments to §533.3, Filing and Notice, §533.4, Failure to Answer, Failure to Attend Hearing and Default, and new §533.9, Computation of Time, without changes to the proposed text as published in the May 16, 2014, issue of the Texas Register (39 TexReg 3800).

The amendments to §533.3 move a reworded §533.4(b) to subsection (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; remove the specific form number in the title; 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 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. Subsection (f) was moved and edited from §533.2(a) as a more logical location for that provision.

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.

The reasoned justification for the rules is to better reflect and clarify current TREC procedures and to simplify and clarify where needed.

No comments were received on this proposal.

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