The Texas Real Estate Commission (TREC) proposes amendments to §535.91, concerning renewal applications and §535.92, concerning satisfaction of mandatory continuing education requirements by real estate licensees.

The amendment to §535.91 is intended to enable TREC to communicate more effectively with its real estate licensees. Under the current section, only inactive licensees are required to provide permanent mailing addresses, and TREC uses a business street address as the mailing address for active licensees. The amendment would require each licensee to provide a permanent mailing address to TREC and report any change in that address within 10 days after the change occurs. No fee is charged for changing the mailing address. Requiring each licensee to provide a permanent mailing address permits the licensee to select the address that is best suited to delivery of official communications from TREC. The amendment also would require TREC to mail license renewal notices for brokers and inactive licensees to the broker or licensee's permanent mailing address. If the licensee is an active salesperson, the renewal notice would be mailed to the permanent mailing address of the salesperson's sponsoring broker. TREC would be obligated to mail the renewal notice three months before the expiration of the current license. In the event a licensee fails to provide a permanent mailing address, the last known mailing address of the licensee would be presumed to be the permanent mailing address for the licensee.

The amendment to §535.92 would delete provisions relating to mailing of the renewal notice which are being moved to §535.91 and provide a reference to the latter section.

Mark A. Moseley, General Counsel, has determined that for the first five-year period the sections 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 anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Mr. Moseley also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be clarification of license renewal procedures and improved communications between licensees and TREC. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under Texas Civil Statutes, Article 6573a, §5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.