The Texas Real Estate Commission (TREC) proposes new 22 TAC §534.7, Vendor Protest Procedures, in Chapter 534, General Administration. The proposed new §534.7 creates new vendor protest procedures that better meet the agency's needs than the previous version. This new rule also more clearly establishes the agency's protest review and appeal process and identifies the roles and requirements of both TREC staff and the protesting party.

Vanessa E. Burgess, General Counsel, has determined that for the first five-year period the proposed new rule 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 section. 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 new rule. There is no significant economic cost anticipated for persons who are required to comply with the proposed new rule. 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 new rule as proposed is in effect, the public benefits anticipated as a result of enforcing the new rule as proposed will be a process that is easier for both members of the public and protesting parties to follow and understand and is more in line with the types of procurements and contracts of a licensing agency like TREC.

For each year of the first five years the proposed new rule is in effect the new rule 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 new rule 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 new rule.