The Texas Real Estate Commission (TREC) proposes amendments to §535.403, concerning Renewal of Registration of easement or right-of-way agents. The amendments to §535.403 are proposed in connection with the passage of S.B. 645 and S.B. 187 by the 77th Legislature (2001), requiring TREC to participate in an electronic system using the Internet for licensing. S.B. 645 requires TREC to participate in the electronic licensing system and pay a subscription fee to the TexasOnline Authority for participation. S.B. 187 requires TREC to increase renewal fees to cover the cost of the subscription fees charged by the TexasOnline Authority. Section 535.403 would be amended to reflect the annual fees that would be effective for easement and right-of-way agents registration renewals for registrations expiring on or after August 31, 2003, and includes an additional $3 to cover the costs of the subscription fees.

Alan Waters, staff services director, has determined that for the first five-year period the amendment is in effect there will be fiscal implications for the state. Revenue from fees received for easement and right-of-way agents registration renewals is anticipated to increase $216 for Fiscal Year 2003 and $2,652 for Fiscal Year 2004 and for each year of the five year period following adoption of the amendment. No fiscal implications are anticipated for units of local government as a result of enforcing or administering the section. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section.

Loretta R. DeHay, general counsel, 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 conforming TREC rules with statutory changes. The anticipated economic cost to persons who are required to comply with the proposed section is an additional $3 fee for Easement or Right-of-Way Agents registration renewals.

Comments on the proposal may be submitted to Loretta R. DeHay, 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 authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties, to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act or to insure compliance with the provisions of the Act.

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