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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.155, Advertisements, in Chapter 535, General Provisions, without changes, as published in the June 1, 2018, issue of the Texas Register (43 TexReg 3571).

The amendments to §535.155 clarify that a sign giving directions to property for sale or lease is not considered an advertisement if it only contains the directional arrows or the directional arrows and the listing broker's logo or name only. In addition, the word "realty" was removed from the prohibited terms set out in subsection (d)(5) to allow this word to be used at the beginning or middle of a team name.

One comment was received on the amendments as published requesting that the term "real estate" and "realty" be reserved only for use by brokers, not teams. The Commission respectfully declines to make this change since the proposal to allow the use of "realty" in a team name came at the request of many license holders and other stakeholders. Further, "realty" will not be at the end of a name, where it could be interpreted to be a brokerage, but rather at the beginning or middle, followed by "team" or "group". Therefore, it should not cause confusion to consumers.

The reasoned justification for the amendments is to allow the use of the word "realty" in a team name and allow the directional sign exception to the rule, which will lessen the burden on license holders.

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. No other statute, code or article is affected by the amendments.



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