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Texas Register Preamble


The Texas Real Estate Commission (TREC) proposes the repeal of 22 TAC §534.7, Vendor Protest Procedures, in Chapter 534, General Administration. The proposed repeal of §534.7 eliminates the agency's use of vendor protest procedures adopted by the Texas Facilities Commission. TREC will replace these vendor protest procedures in rule with a new set of vendor protest procedures that better meet the agency's needs and provide greater transparency to both members of the public and parties seeking to protest.

Vanessa E. Burgess, 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. Burgess also has determined that for each year of the first five years the repeal as proposed is in effect, the public benefits anticipated as a result of enforcing the repeal as proposed will be a process that is easier to follow and understand and that better addresses vendor protest situations that may arise in contracts for a licensing agency like TREC.

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 an existing regulation;

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

-positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Vanessa E. Burgess, 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, as well as Texas Occupations Code 1105.006, which grants the Texas Real Estate Commission authority to contract and do all other acts incidental to those contracts, and section 2255.076 of the Texas Government Code, which requires state agencies to adopt by rule vendor protest procedures.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101, 1102, and 1105. No other statute, code or article is affected by the proposed repeal.



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