The Texas Real Estate Commission (TREC) proposes the repeal of 22 TAC §535.161, Failing to Provide Information, in Chapter 535, General Provisions. The repeal is necessary because the language for this rule is being proposed for inclusion in a new rule, 22 TAC §535.142, Consumer Complaint Processing, and this section is not referenced in any other section in this Chapter. The proposed repeal is recommended by the Enforcement Committee.

Kristen Worman, Deputy General Counsel, has determined that for the first five-year period the proposed repeal is 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 repeal. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed repeal. There is no significant economic cost anticipated for persons who are required to comply with the proposed repeal. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman also has determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will improved clarity for members of the public and license holders by moving the language in this section to the only section in this Chapter to reference this language.

For each year of the first five years the proposed repeal is in effect the repeal will not:

create or eliminate a government program;

require the creation of new employee positions or the elimination of existing employee positions;

require an increase or decrease in future legislative appropriations to the agency;

require an increase or decrease in fees paid to the agency;

create a new regulation;

expand, limit or repeal an existing regulation;

increase or decrease the number of individuals subject to the rule's applicability;

positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Kristen Worman, Deputy 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 repeal is 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.

The statutes affected by the proposed repeal are Chapters 1101 and 1102, Texas Occupations Code. No other statute, code or article is affected by the proposed repeal.