Texas Register Preamble

The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §533.1, Definitions; §533.2, Purpose and Scope; §533.3, Filing and Notice; §533.4, Failure to Answer, Failure to Attend Hearing and Default; §533.5, Transcript Cost; §533.7, Final Decisions and Orders; §533.8, Motions for Rehearing; §533.21, Negotiated Settlement; §533.25, Informal Proceedings; §533.30, Staff Mediation; §533.32, Appointment of Mediator; §533.33, Outside Mediation; §533.36, Agreements; and §533.40, Negotiated Rulemaking.

The proposed amendments to Chapter 533 are made as a result of the Commission's quadrennial rule review. The proposed changes update terminology for consistency throughout the chapter. The language "Interpreters and Translators" is added to the title of 22 TAC §533.5, Transcript Cost, to better reflect the content of the section and language is removed from subsection (b) that was inconsistent with applicable law. Subsection (f) of 22 TAC §533.7, is amended to more closely align with the applicable statute (§2001.058(e), Government Code). Finally, subsection (d) of 22 TAC §533.8 is amended to increase transparency regarding the motion for rehearing process.

Abby Lee, 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. Lee also has determined that for each year of the first five years the section as proposed is in effect, the public benefit anticipated as a result of enforcing the section will be greater clarity in the rules.

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 through the online comment submission form at https://www.trec.texas.gov/rules-and-laws/comment-on-proposed-rules, to Abby Lee, 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 statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed amendments.

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