The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §541.1, Criminal Offense Guidelines, in Chapter 541, Rules Relating to the Provisions of Texas Occupations Code, Chapter 53, with changes to the proposal, as published in the December 1, 2017, issue of the Texas Register (42 TexReg 6675).

The amendments to §541.1 are recommended by the Enforcement Committee of the Commission after review of the list of crimes that directly related to an applicant's fitness to practice as a real estate license holder, inspector or easement and right-of-way agent.

No comments were received on the amendments as published. However, staff recommended a few non-substantive changes for greater clarity and consistency.

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

The reasoned justification for the amendments is to comply with the statutory requirement in House Bill 91, passed by the 85th Legislature to review and revise as necessary rules setting out crimes that are directly related to an applicant's fitness to practice as license holder of real estate services.

The amendments 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 license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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