The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.400, Registration of Easement or Right-of-Way Agents; §535.402, Complaints, Disciplinary Action and Appeals; and §535.403, Renewal of Registration, in Chapter 535, General Provisions. The proposed amendments to §535.400 implement statutory changes enacted by the 86th Legislature in SB 624 as part of the Sunset Review process and remove the residency requirement for becoming registered as an easement or right-of-way agent. The proposed amendments to §535.402 change the time frame to respond to a Commission request for information from 10 working days to 14 days to align this section with other Commission rules and provide greater clarity to respondents. The proposed amendments to §535.403 implement statutory changes enacted by the 86th Legislature in SB 624 as part of the Sunset Review process and authorize the Commission to deny a license renewal if the license holder is in violation of the terms of a Commission order.

Kristen Worman, Deputy 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 adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. 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 sections as proposed are in effect, the public benefits anticipated as a result of enforcing the sections as proposed will be improved clarity and greater transparency for members of the public and license holders, as well as requirements that are consistent with the statute and easier to understand, apply and process.

For each year of the first five years the proposed amendments are in effect the amendments 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 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 license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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