Texas Register Preamble

The Texas Real Estate Commission (TREC) adopts amendments to §535.208, Application for a License and §535.219, Schedule of Administrative Penalties, in Subchapter R of Chapter 535, General Provisions, with a non-substantive change to the text as published in the August 30, 2019, issue of the Texas Register (44 TexReg 4646). A non-substantive change was made to §535.208(b)(1)(A)(ii), to add missing parentheses to the subclause numbering. Section 535.208 will be republished.

The amendments to §535.208 remove the Texas residency requirement for inspectors to receive a license. They also eliminate provisions relating to applicants who are military service members, military veterans, and military spouses to consolidate those provisions in a new rule adopted by the Commission that addresses the topic for all license holders regulated by the Commission. These amendments are recommended by the Texas Real Estate Inspector Committee.

The amendment to §535.219 changes a statutory reference to the inspector penalty matrix to address statutory changes enacted by the 86th Legislature in SB 624 as part of the Sunset Review process.

No comments were received on the amendments as published.

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

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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

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