The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to 22 TAC Chapter 537.37 regarding Professional Agreements and Standard Contracts.

Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted and recommended for adoption by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor.

The Broker Lawyer Committee recommended revisions to the Condominium Resale Certificate to conform to new statutory disclosure requirements enacted by the 84th Legislature in SB 1168, which are effective September 1, 2015. The Commission agreed to promulgate this form for use by license holders. Since the statutory changes in SB 1168 are effective September 1, 2015, the Commission needs to adopt this rule change on fewer than 30 days notice so the form adopted by reference in the rule will be in compliance with State law on September 1, 2015.

The amendments are adopted on an emergency basis 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 statute affected by emergency amendments is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the emergency amendments.