The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §533.3, Filing and Notice, §533.7, Final Decisions and Orders §533.8, Motions for Rehearing; Finality of Decisions and a new 22 TAC §533.10, Hearing: Subpoenas and Fees, in Chapter 533, Practice and Procedure.

The amendments are proposed to align the rules with statutory changes to Chapter 2001, Texas Government Code, adopted by the 84th Legislature, to delegate authority to hear motions for rehearing to the Commission's Enforcement Committee and to move the text of §535.171 to new §533.10 where the subject matter more appropriately belongs.

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 significant economic cost to persons who are required to comply with the 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 that it will conform to statutory changes and be easier to find, use and apply the rules on this subject matter.

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