TREC Rules

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Complete Set of Current TREC Rules

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Proposed Rules/Amendments

Rule #	Topic	Date Proposal Authorized	Earliest Possible Date of Adoption	Comments
22 TAC §535.16. Listings; Net Listings (proposed)	Subchapter B. General Provisions Relating to the Requirements of Licensure	12/5/2011	02/27/2012	TREC proposes amendments to 22 TAC §535.16 regarding Listings; Net Listings. The amendments to §535.16 clarify that a real estate licensee must provide a broker price opinion rather than opinion of market value when negotiating a listing or offering to purchase the property for the licensee's own account as a result of contact made while acting as a real estate agent.
22 TAC §535.56. Education and Experience Requirements for a Broker License. (proposed)	Subchapter E. Requirements of Licensure	12/5/2011	02/27/2012	TREC proposes an amendment to 22 TAC §535.56 regarding Education and Experience Requirements for a Broker License. Under current §535.56, the commission has waived the education and experience required for a broker license for a broker who was licensed as a broker in the preceding two years and otherwise meets the requirements of the subsection. The proposed rule would conform subsection (h) by deleting a sentence which implies that a person previously licensed as a salesperson may become a broker under the waiver.
22 TAC §535.71, §535.72, and new §535.75 (proposed)	Subchapter G. Mandatory Continuing Education	12/5/2011	02/27/2012	TREC proposes amendments to 22 TAC §535.71, Approval of Providers, Courses and Instructors, §535.72, Presentation of Courses, Advertising and Records, and new §535.75, Education Curriculum Standards Committee. The amendments to §535.71 and §535.72 provide the method by which the commission will create and approve the broker responsibility course, which will be the same way it handles the 3 hour legal update and 3 hour ethics courses required under §1101.455, and provides conforming changes for consistency. New §535.75 creates the Education Curriculum Standards Committee whose mission is to regularly review and revise curriculum standards, course content requirements and instructor certification.
22 TAC §535.82 (proposed)	Subchapter H. Recovery Fund	12/5/2011	02/27/2012	TREC proposes new 22 TAC 535.82 Proration of Payments from the Recovery Trust Account. The new rule clarifies provisions of Subchapter M, regarding proration of claims in the event of multiple claims that exceed the payment limitations of $50,000 per transaction and $100,000 per licensee.
22 TAC §535.221 (proposed)	Subchapter R. Real Estate Inspectors	12/5/2011	02/27/2012	TREC proposes amendments to §535.221, Advertisements. The amendments change the requirement that inspectors immediately notify the Commission of the inspector’s use of an assumed name in the inspection business, instead allowing 30 days for such notice.
22 TAC §535.240(proposed)	Subchapter R. Real Estate Inspectors	12/5/2011	02/27/2012	TREC proposes new §535.240, Proration of Payments from the Real Estate Inspection Recovery Fund. The new rule clarifies provisions of §1102.359, Texas Occupations Code, regarding proration of claims in the event of multiple claims that exceed the payment limitations of $12,500 per transaction and $30,000 per inspector.
22 TAC §535.400, §535.403, new §535.404 and §535.405 (proposed)	Subchapter T. Easement and Right-of-Way Agents	12/5/2011	02/27/2012	TREC proposes amendments to Subchapter T regarding Easement or Right-of-Way; §535.400 regarding Registration of Easement or Right-of-Way Agents; §535.403 concerning Renewal of Registration; new §535.404 concerning Fees and new §535.405 concerning Employee of Owner or Purchaser. The amendments would increase the registration fee from $80 for a one-year registration to $200 for a two-year registration; and the renewal fee $160 ($80 per year) to $200 for a two-year registration. The amendments would add new §535.405 to clarify that an employee of an owner or purchaser of an easement or right-of-way is not required to be registered under the Act.
22 TAC §537.43 draft 36-7 (proposed)	Chapter 537 Professional Agreements and Standard Contracts	12/5/2011	02/27/2012	(TREC) proposes amendments to 22 TAC §537.43 concerning Standard Contract Form TREC No. 36-6 Addendum for Property Subject to Mandatory Membership in a Property Owners’ Association. The amendment to §537.43 propose to adopt by reference Standard Contract Form TREC No. 36-7. Paragraphs A.1 is revised, paragraph A.2 is new to acknowledge recent statutory revisions which permit a buyer to obtain a resale certificate directly from a property owner’s association, and paragraph A.3 is revised. Paragraph C is revised to replace “resulting from” to “associated with” to track recent statutory changes to Chapter 207, Property Code. Under new paragraph E, seller authorizes the association to release subdivision information and an updated resale certificate if required by the buyer, the title company, or any broker to the sale. Amendments to the form change the main telephone number and website address for TREC located in the box at the bottom of the forms. Unless specifically referenced below, such changes are the only changes made to the forms adopted by reference.

Recently Adopted Rules

Rule # (click link to download)	Topic	Date of Commission Action	Effective Date	Comments
22 TAC §535.4 (adopted)	Subchapter B. General Provisions Relating to the Requirements of Licensure	12/05/2011	01/02/2012	TREC adopts amendments to 22 TAC §535.4 regarding License Required as published in the October 28, 2011, issue of the Texas Register (36 TexReg 7260). The amendment to §535.4(f) replaces an existing reference to a corporation or limited liability company to “business entity” to more closely track the text of the statute. The amendment to §535.4(g) defines the meaning of “controls the acceptance or deposit of rent” and “single family residential property unit” for purposes of §1101.002(1)(A)(x) of the Act.
22 TAC §535.211 (adopted)	Subchapter R. Real Estate Inspectors	12/05/2011	01/02/2012	TREC adopts amendments to §535.211, Professional Liability Insurance, or Any Other Insurance that Provides Coverage for Violations of Subchapter G of Texas Occupations Code, Chapter 1102, without changes to the proposed text as published in the October 28, 2011, issue of the Texas Register (36 TexReg 7261).The amendment updates the reference in subsection (c) to the current certificate of insurance form, REI COI-0.
22 TAC 22 TAC §537.20, §537.21, §537.22, §537.23, 537.26, §537.27, 537.28, §537.30, §537.31, §537.32, §537.33, §537.35, §537.37, §537.39, §537.40, §537.41, §537.44, §537.45, §537.46, §537.47, §537.48, §537.51, and §537.52 (adopted)	Chapter 537 Professional Agreements and Standard Contracts	12/05/2011	01/02/2012	TREC adopts amendments to Chapter 537, Professional Agreements and Standard Contracts. The amendments propose to adopt by reference six revised contract forms and 17 assorted addenda without changes to the rule text as published in the October 28, 2011, issue of the Texas Register (36 TexReg 7262), but with changes to the forms.. The difference between the forms as proposed and as adopted are as follows: Paragraph 7.F. regarding repairs and treatments is changed to clarify that the buyer may extend the closing date up to 15 days so that the seller may complete repairs pursuant to the paragraph. The phrase “smoke detectors” is changed to “smoke alarms” in paragraph 21 of TREC Form Nos. 15-5 and 16-5. “Financing Approval” is changed to “Credit Approval” is changed in TREC Form No. 40-5, Third Party Financing Addendum for Credit Approval, to be consistent with other forms. Typographical errors in various forms are corrected.
22 TAC §535.17. Broker Price Opinion or Comparative Market Analysis (adopted)	Subchapter B. General Provisions Relating to the Requirements of LicensureE	10/10/2011	11/01/2011	TREC adopts amendments to 22 TAC §535.17, relating to Broker Price Opinion or Comparative Market Analysis, without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5183). The amendments implement the relevant provisions of Senate Bill 747 (SB 747), 82nd Texas Legislature, Regular Session (2011). The amendments to §535.17 clarify that a real estate licensee must be licensed under Texas Occupations Code, Chapter 1103 to conduct real estate appraisals. Further, the rule is amended to provide that if a broker or salesperson provides a broker price opinion under Chapter 1101, the opinion must provide a written disclosure as provided in the rule.
22 TAC §535.31. Attorneys at Law (adopted)	Subchapter C. Exemptions from Licensure	10/10/2011	11/01/2011	TREC adopts amendments to 22 TAC §535.31, regarding Attorneys at Law, without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5184). The amendments implement the requirements of Senate Bill 747 (SB 747), 82nd Texas Legislature, Regular Session (2011). The amendment now exempts attorneys licensed in the State of Texas; it previously applied to attorneys licensed in any state.
22 TAC §535.50, §535.51, §535.53, §535.55, §535.56 (adopted)	Subchapter E. Requirements for Licensure	10/10/2011	11/01/2011	TREC adopts amendments to 22 TAC §535.50, regarding Definitions; §535.51, regarding General Requirements; §535.53, regarding Corporations and Limited Liability Companies; §535.55, regarding Education Requirements for a Salesperson License; and §535.56, regarding Education and Experience Requirements for a Broker License. Sections 535.50, 535.51, and 535.55 are adopted without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5185). Section 535.53 and §535.56 are adopted with changes to the proposed text. The difference between §535.53 as proposed and as adopted is that subsection (b) is rewritten for additional clarification. In addition, a typographical error in Form BL-B, adopted by reference in §535.56, indicating "250 points" for a closed purchase or sale of a farm and ranch property is changed to "300 points" to track the rule. The "Farm and Ranch, Unimproved Lot" section of Forms BL-A and BL-B, adopted by reference in §535.56, is changed to clarify that experience credit for closed sales of any unimproved lot, whether farm and ranch, commercial or residential, should be noted under "Farm and Ranch, Unimproved Lot." Finally, an effective date provision of January 1, 2012 was added to §535.56. The amendments implement and further explain the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). §535.50 - amend the list of definitions to define a designated broker of a business entity, to clarify that the designated broker must be an officer of a corporation, a manager of a limited liability company or a general partner of a partnership, and to incorporate the relevant provisions regarding the new broker responsibility continuing education course required under amendments to §1101.458. §535.51 - clarify that an applicant must meet education and experience requirements before the applicant may take a qualifying examination. §535.53 - change the title of the rule to apply to all business entities, not just corporations and limited liability companies, to add partnerships to the types of business entities that must be licensed, and to address the requirement that business entities must maintain errors and omissions insurance if the designated broker owns less than 10 percent of the entity. §535.55 - changes the period from six years to two years so that an applicant who was licensed as a salesperson or broker in the preceding two years and otherwise meets the requirements of the section regarding mandatory continuing education (MCE) could apply for a salesperson license. §535.56 - changes the period from four years to two years and delete the reference to a salesperson so that a broker who had an active license in two of the preceding four years and otherwise meets the requirements of the section regarding MCE could apply for a broker license without meeting the new experience requirements. §535.56 - add the rules required by amendments to §1101.356(b-1) of the Act to establish active experience requirements to apply for a broker license under §1101.356 and §1101.357 of the Act. An applicant is required to establish that the applicant has obtained 3,600 points of active experience with documentary evidence and a statement from the applicant's sponsoring broker at the time the experience was earned. Certain types of transactions are worth a certain number of points and the applicant is required to use the forms adopted by reference in the rule to summarize the transactions. An applicant may continue to gain experience after an application has been submitted until such time that the applicant meets the total number required but before the applicant may take the qualifying examination. Experience earned after the application is submitted is to be reported on a different form adopted by reference in the rule. If an applicant is unable to obtain sufficient documentation and/or the signature of the sponsoring broker, the applicant is required to use an affidavit adopted by reference in the rule to describe the applicant's efforts to obtain the documentation and/or signatures. In addition, the applicant is required to provide two additional affidavits each signed by a different individual familiar with the applicant's circumstances and attesting to the applicant's efforts to obtain the appropriate documentation. The application forms and affidavits are adopted by reference in the rule. The rule gives the commission the discretion to request additional documentation, rely on the documentation provided under this subsection, or utilize any other information provided by the applicant to determine whether the applicant has sufficient experience as required by §1101.356 of the Act and §535.56.
22 TAC §535.63 (adopted)	Subchapter F. Pre-License Education and Examination	10/10/2011	11/01/2011	TREC adopts amendments to §535.63, regarding Accreditation of Core Education Schools, without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5188). The amendments implement and explain the relevant provisions of Senate Bill (SB) 747, 82nd Texas Legislature, Regular Session (2011). The amendment to §535.63 establishes the method in which the benchmark passage rate would be calculated for each license category and makes other conforming changes to be consistent with the amendments made by SB 747.
22 TAC §535.91, §535.93, §535.96 (adopted)	Subchapter I. Licenses	10/10/2011	11/01/2011	TREC adopts amendments to §535.91, regarding Renewal Notices, with changes, and §535.93, regarding Late Renewals, and §535.96, regarding Mailing Address and Other Information, with changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5191). The only change between §535.91 as proposed and the final adoption is that an effective date clause of September 1, 2012 is added to subsection (c) to be consistent with Senate Bill (SB) 747. The amendments implement and explain the relevant provisions of SB 747, 82nd Texas Legislature, Regular Session (2011). §535.91 clarifies that a broker who sponsors salespersons, a designated broker of a business entity, and a license holder who is a delegated supervisor of one or more licensees under §535.2 for six months or more during the course of the current license must take the six hour broker responsibility course to renew a license effective for renewals on or after September 1, 2012. §535.93 change to six months any references to the one year period for filing a late renewal. §535.96 clarifies that licensees must provide and maintain contact information with the commission, including an email address if available.
22 TAC §535.101 (adopted)	Subchapter J. Fees	10/10/2011	11/01/2011	TREC adopts amendments to §535.101 regarding Fees without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5192). The amendments increase the salesperson and broker application fees from $105 to $119; the annual renewal fees for brokers and salespersons from $34 to $39; the late renewal fee from $51 to $58.50 for the annual late renewal of a real estate salesperson or broker license for a person whose license has been expired 90 days or less; and late renewal fee from $68 to $78 for the annual late renewal of a real estate salesperson or broker license for a person whose license has been expired more than 90 days but less than six months effective November 1, 2011. The amendments also change the maximum late renewal period from six months to one year and remove a reference to an application in the fee for moral character determination. Senate Bill 1000 makes the Texas Real Estate Commission self-directed and semi-independent. The bill removes the agency from the legislative budgeting process, and requires the commission to adopt and approve an annual budget. The bill requires that the commission collect sufficient fees to fund operations to carry out its function and to fund the budget. In relevant part, the bill also requires the agency to remit $750,000 to the general revenue fund not later than August 31 of each fiscal year, to remit a nonrefundable retainer to the State Auditor of $10,000 per fiscal year, a nonrefundable retainer to the Attorney General of $75,000 per fiscal year, and a nonrefundable retainer to the State Office of Administrative Hearings of $75,000 per fiscal year. TREC will be required to reimburse each agency for all costs incurred in excess of the retainers for providing services to the commission. In addition, the bill requires the agency to pay rent in a reasonable amount to be determined by the Texas Facilities Commission with aggregate rent payments to be not less than $550,000 per fiscal year for state fiscal years ending August 31, 2012 and August 31, 2013; and not less than $425,000 per fiscal year for each year ending August 31, 2014, August 31, 2015, and August 31, 2016.
22 TAC §535.121, §535.122 (adopted)	Subchapter L. Termination of Salesperson’s Association with Sponsoring Broker	10/10/2011	11/01/2011	TREC adopts amendments to §535.121, Inactive License, and §535.122, Reactivation of License, without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5193). The amendments make conforming changes to the rules that implement and explain the requirements of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The amendments to §535.121 make conforming changes to be consistent with other rules that were simultaneously adopted to implement the requirements of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The amendments to §535.122 clarify that a salesperson on inactive status may act as the broker's salesperson from the date the notice and fee are mailed or delivered to the commission as long as the salesperson otherwise meets MCE requirements.
22 TAC §535.132 (adopted)	Subchapter M. Nonresidents	10/10/2011	11/01/2011	TREC adopts amendments to §535.132 regarding Eligibility for Licensure without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5194). The amendments implement and further explain the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The amendments to §535.132 make conforming changes to be consistent with amendments to §535.55 and §535.56 regarding waiver of education or experience requirements for a salesperson or broker license, and change the references from individual business entity types to "business entity" to make conforming changes to be consistent with the statutory text amended by SB 747.
22 TAC §535.141 (adopted)	Subchapter N. Suspension and Revocation of Licensure	10/10/2011	11/01/2011	TREC adopts amendments to §535.141 regarding Initiation of Investigation without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5194).. The amendments implement and further explain the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The amendments to §535.141 clarify that the rule applies to all business entities that are required to have a broker license under Chapter 1101, and make conforming changes to the rule to be consistent with other rules that were adopted on an emergency basis due to the September 1, 2011 effective date of the relevant provisions of SB 747.
22 TAC §535.210 (adopted)	Subchapter R. Real Estate Inspectors	10/10/2011	11/01/2011	TREC adopts amendments to §535.210 regarding Inspector Fees without changes to the proposed text as published in the August 19, 2011, issue of the Texas Register (36 TexReg 5195). The amendments increase the professional inspector application fee from $90 to $104, the real estate inspector application fee from $75 to $89, the apprentice inspector application fee from $35 to $84, the annual renewal fees for professional and real estate inspectors from $27 to $32, and the annual renewal fee for an apprentice inspector from $22 to $27. Senate Bill 1000 makes the Texas Real Estate Commission self-directed and semi-independent. The bill removes the agency from the legislative budgeting process, and requires the commission to adopt and approve an annual budget. The bill requires that the commission collect sufficient fees to fund operations to carry out its function and to fund the budget. In relevant part, the bill also requires the agency to remit $750,000 to the general revenue fund not later than August 31 of each fiscal year, to remit a nonrefundable retainer to the State Auditor of $10,000 per fiscal year, a nonrefundable retainer to the Attorney General of $75,000 per fiscal year, and a nonrefundable retainer to the State Office of Administrative Hearings of $75,000 per fiscal year. TREC will be required to reimburse each agency for all costs incurred in excess of the retainers for providing services to the commission. In addition, the bill requires the agency to pay rent in a reasonable amount to be determined by the Texas Facilities Commission with aggregate rent payments to be not less than $550,000 per fiscal year for state fiscal years ending August 31, 2012 and August 31, 2013; and not less than $425,000 per fiscal year for each year ending August 31, 2014, August 31, 2015, and August 31, 2016.
22 TAC §535.191 (adopted)	CHAPTER 533, PRACTICE AND PROCEDURE	08/01/2011	09/01/2011	TREC adopts amendments to §535.191, concerning Schedule of Administrative Penalties without changes to the proposed language. Section 535.191 is amended to add additional provisions that apply to the schedule and to move an existing provision that should more appropriately fit under a different range.
22 TAC §535.219 (adopted)	Chapter 535, General Provision Subchapter R. Real Estate Inspectors	08/01/2011	09/01/2011	TREC adopts new §535.219, concerning Schedule of Administrative Penalties without changes to the proposed language. The new section establishes a penalty matrix for the assessment of administrative penalties for different violations of the statute and rules governing real estate inspectors. The matrix was drafted in accordance with §1102.403 of the Texas Occupations Code (relating to administrative penalties imposed against inspectors) and Chapter 1101, Subchapter O (relating to administrative penalties assessed by the Commission). As such, the highest category of administrative penalties provides for a maximum penalty of $5,000 per violation, and each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.
22 TAC §537.20, §537.28, §537.30, §537.31, §537.32, and §537.37 (adopted)	Chapter 537, Professional Agreements and Standard Contracts	08/01/2011	09/01/2011	TREC adopts amendments to 22 TAC §537.20, concerning Standard Contract Form TREC No. 9-8, Unimproved Property Contract; §537.28, concerning Standard Contract Form TREC No. 20-9, One to Four Family Residential Contract (Resale); §537.30, concerning Standard Contract Form TREC No. 23-10, New Home Contract (Incomplete Construction); §537.31, concerning Standard Contract Form TREC No. 24-10, New Home Contract (Completed Construction); §537.32, concerning Standard Contract Form TREC No. 25-7, Farm and Ranch Contract; and §537.37, concerning Standard Contract Form TREC No. 30-8, Residential Condominium Contract (Resale) without changes to the proposed language of the rule but with changes to the forms. The web address and phone number for the agency were updated in the final adoption of the forms. The amendments propose to adopt by reference six revised contract forms for use by Texas real estate licensees. The amendment to §537.20 adopts by reference Standard Contract Form TREC No. 9-9, Unimproved Property Contract. The revision is the same as that for Form TREC No. 20-10. Also, typographical errors in paragraph 7 are corrected. The amendments to §537.28 adopts by reference Standard Contract Form TREC No. 20-10, One to Four Family Residential Contract (Resale). Paragraph 15 was revised to delete subparagraph 15B. This change to all six of the forms was adopted on an emergency basis at the February meeting of the Commission with an effective date of March 1, 2011. The amendment to §537.30 adopts by reference Standard Contract Form TREC No. 23-11, New Home Contract (Incomplete Construction). The revision is the same as that for Form TREC No. 20-10. The amendment to §537.31 adopts by reference Standard Contract Form TREC No. 24-11, New Home Contract (Completed Construction). The revision is the same as that for Form TREC No. 20-10. Also, typographical errors in paragraph 7 are corrected. The amendment to §537.32 adopts by reference Standard Contract Form TREC No. 25-8, Farm and Ranch Contract. The revision is the same as that for Form TREC No. 20-10. The amendment to §537.37 adopts by reference Standard Contract Form TREC No. 30-9, Residential Condominium Contract (Resale). The revision is the same as that for Form TREC No. 20-10.

Emergency Adopted Rules

Rule # (click link to download)	Topic	Date of Commission Action	Effective Date	Expiration Date of Emergency Rule	Comments
22 TAC §535.17. Appraisals (adopted by emergency action)	Subchapter B. General Provisions Relating to the Requirements of Licensure	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to 22 TAC §535.17 regarding Appraisals. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Session, Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amended Texas Occupations Code, §1101.002 to delete appraisals from the laundry list of activities that are considered real estate brokerage. In addition SB 747 added a new item to the list regarding broker price opinions. The amendments to §535.17 clarify that a real estate licensee must be licensed under Texas Occupations Code, Chapter 1103 to conduct real estate appraisals. Further the rule is amended to provide that if a broker or salesperson provides a broker price opinion under Chapter 1101, the opinion must provide a written disclosure as provided in the rule.
22 TAC §535.31. Attorneys at Law (adopted by emergency action)	Subchapter C. Exemptions from Licensure	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to 22 TAC §535.31 regarding Attorneys at Law. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In part, SB 747 amends Texas Occupations Code, §1101.005 regarding an exemption for attorneys. The amendment now exempts attorneys licensed in the State of Texas; it previously applied to attorneys licensed in any state.
22 TAC §535.50, §535.51 and §535.53 (adopted by emergency action)	Subchapter E. Exemptions from Licensure	08/01/2011	09/01/2011	12/29/2011	TREC adopts amendments to 22 TAC Subchapter E, §535.50 regarding Definitions, §535.51 regarding General Requirements and §535.53 regarding Corporations and Limited Liability Companies on an emergency basis. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amends Texas Occupations Code, §1101.401 to expand from six months to one year the period of time in which an applicant may satisfy an examination requirement from the date the application is filed. In addition, the application and renewal requirements for business entities were changed in §§1101.355 and 1101.453 to require that business entities applying for and renewing a broker license must provide proof that the entity maintains errors and omissions insurance with a minimum annual limit of $1 Million if the designated broker owns less than 10 percent of the entity. Finally SB 747 amends Chapter 1101 to delete the exemption from licensing for partnerships in which a general partner is a broker and requires licensure as a broker for any business entity as defined in Section 1.002 of the Business Organizations Code Emergency action is necessary to amend §535.50, §535.51, and §535.53 to be consistent with SB 747.    The amendments to §535.50 amend the list of definitions to define a designated broker of a business entity and to clarify that the designated broker must be an officer of a corporation, a manager of a limited liability company or a general partner of a partnership. The amendments to §535.51 clarify that an applicant must meet education and experience requirements before the applicant may take a qualifying examination. The amendments to §535.53 change the title of the rule to apply to all business entities, not just corporations and limited liability companies, to add partnerships to the types of business entities that must be licensed, and to address the requirement that business entities must maintain errors and omissions insurance if the designated broker owns less than 10 percent of the entity.
22 TAC §535.93. Late Renewal Applications (adopted by emergency action)	Subchapter I Licenses	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to §535.93, regarding Late Renewal Applications. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amended Texas Occupations Code, §1101.451 to change the maximum period of time in which a licensee can file a late renewal from one year to six months. The amendments to §535.93 change to six months any references to the one year period for filing a late renewal.
22 TAC §535.101. Fees (adopted by emergency action)	Subchapter J. Licenses	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to §535.101, regarding Fees. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amended Texas Occupations Code, §1101.451 to change the maximum period of time in which a licensee can file a late renewal from one year to six months. The amendments to §535.101 change to six months the reference to the one year period for filing a late renewal in subsection (b)(11).
22 TAC §535.132. Eligibility for Licensure (adopted by emergency action)	Subchapter M. Nonresidents	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to §535.132, regarding Eligibility for Licensure. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amends Texas Occupations Code, Chapter 1101 to delete the exemption from licensing for partnerships in which a general partner is a broker and requires licensure as a broker for any business entity as defined in §1.002 of the Business Organizations Code. Emergency action is necessary to amend §535.132 to be consistent with SB 747.   The amendment to §535.132 makes emergency conforming changes to be consistent with the statutory text amended by SB 747.
22 TAC §535.141. Initiation of Investigation. (adopted by emergency action)	Subchapter N. Suspension and Revocation of Licensure	08/01/2011	09/01/2011	12/29/2011	TREC adopts on an emergency basis amendments to §535.141, regarding Initiation of Investigation. The amendments are adopted on an emergency basis to implement the relevant provisions of Senate Bill 747, 82nd Texas Legislature, Regular Session (2011). The effective date of the relevant provisions of SB 747 is September 1, 2011. The adoption of the amendment is necessary to comply with the effective date of the bill. In relevant part, SB 747 amends Texas Occupations Code, Chapter 1101 to delete the exemption from licensing for partnerships in which a general partner is a broker and requires licensure as a broker for any business entity as defined in §1.002 of the Business Organizations Code. Emergency action is necessary to amend §535.141 to be consistent with SB 747.   The amendments to §535.141 clarify that the rule applies to all business entities that are required to have a broker license under Chapter 1101, and to make conforming changes to the rule to be consistent with other rules that have been adopted on an emergency basis due to the September 1, 2011 effective date of the relevant provisions of SB 747.

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