Texas Register Preamble

The Texas Real Estate Commission (TREC) adopts new 22 TAC §535.46, Broker Responsibility Advisory Committee, in Chapter 535, General Provisions, without changes, as published in the June 9, 2023, issue of the Texas Register (48 TexReg 2925) and will not be republished.

The new rule establishes an advisory committee called the Broker Responsibility Advisory Committee (BRAC), which is tasked with advising TREC as to issues surrounding broker responsibility within the real estate industry. This committee will also make recommendations to TREC regarding possible legislative and rule changes associated with broker responsibility issues impacting both the real estate industry and the consumer.

Nine comments were received. Two comments were unrelated to the proposed new rule. Five comments were in favor of the new rule and the creation of BRAC. Some commenters noted the importance of a diverse group of members that represent all brokers. One commenter believed the new committee should also include sales agents, which the Executive Committee did not think necessary in light of the BRAC's stated objective of examining broker responsibility. Another commenter asked what criteria would be used to select members and whether the position would be paid. The Executive Committee noted the criteria for membership is listed in the rule and that considerations related to geographic region would be made by the selection committee. The Executive Committee also noted that a committee member would not be paid for serving. After reviewing the comments, the Executive Committee declined to recommend any changes to the rule as published.

The new rule is 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; 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 statute affected by this adoption is Texas Occupations Code, Chapter 1101, specifically section 1101.158. No other statute, code or article is affected by the new rule.

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