The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.400 in Chapter 535, General Provisions, with changes to the proposed text as published in the May 22, 2015, issue of the Texas Register (40 TexReg 2731). TREC adopts §535.402 without changes to the proposed text.

The amendments correct terminology, renumber for consistency, and provide a timeframe for responding to complaints for easement or right of way agents consistent with other license types.

No comments were received on this proposal as published. However, a non-substantive clarifying change was made to §535.400(i) qualifying that the email address given to the Commission is the email address the registrant uses in business. This clarification brings the provision in line with a similar clarification made to Chapter 1101, Texas Occupations Code, adopted by the 84th Legislature.

The revision to the rules as adopted does not change the nature or scope so much that the rules as adopted could be deemed a different rule. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed rules.

The reasoned justification for the amendments is greater consumer protection and clarity.

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