Texas Register Preamble

The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to 22 TAC §535.210, Fees, and §535.219, Schedule of Administrative Penalties, in Chapter 535, General Provisions.

The amendments are adopted on an emergency basis to implement statutory changes enacted by the 88th Legislature in HB 1363, which becomes effective September 1, 2023, and which eliminates the real estate inspection recovery fund. The changes to 535.210 reflect the fact that for applications submitted as of September 1, 2023, the $10 fee will no longer be required. The changes to §535.219 replace a repealed statutory section with a related rule 22 TAC §535.220(g) (although related, this rule is authorized by another statutory provision).

The identical rules are also being proposed under §2001.023 and §2001.029, Texas Government Code.

The amendments 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 amendments are also adopted on an emergency basis under Texas Occupations Code, §1102.403, which allows the Commission to impose an administrative penalty as provided by Subchapter O, Chapter 1101 pursuant to that section.

The statute affected by these amendments adopted on an emergency basis is Texas Occupations Code, Chapter 1102. No other statute, code or article is affected by the emergency amendments.

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