The Texas Real Estate Commission (TREC) adopts amendments to §535.403, concerning Renewal of Registration of easement or right-of-way agents without changes to the proposed text as published in the March 14, 2003, issue of the Texas Register (28 TexReg 2216) and will not be republished. The amendments adopt by reference Renewal Application Form ERW 5-2.

The amendments to §535.403 are adopted 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 is 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. The effect of the amendment will be conforming TREC rules with statutory changes.

No comments were received regarding the amendments.

The amendments are adopted 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 adoption is Texas Civil Statutes, Article 6573a.