The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to 22 TAC §535.148, Receiving an Undisclosed Commission or Rebate, and the form adopted by reference, in Chapter 535, General Provisions.

The amendments are adopted on an emergency basis to implement statutory changes enacted by the 87th Legislature in HB 1560, which moves regulation of Residential Service Companies (RSC) from TREC to the Texas Department of Licensing and Regulation (TDLR) effective September 1, 2021. The amendments correct a statutory reference and update the form adopted by reference in this rule to remove references to RSCs being licensed by TREC.

The amendments and the form adopted by reference, are adopted on an emergency basis 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 statutes affected by these emergency amendments are Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the emergency amendments.