TRECAdvisor

TREC stopped mailing the current license renewal form on July 1, 2006 . Instead, TREC now mails postcards 90 days in advance of the license expiration date, listing the:

Unlike the existing renewal forms that are mailed back with checks and money orders, the new postcard will not be used to renew a license. Instead, all licensees will renew online using a credit card or "check card" for payment. The present online renewal process will remain unchanged.

Meeting Highlights

The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, May 1, 2006. Chairman John Walton presided.

Morris Peters from the State Employee Charity Campaign presented Esta Hardy, the agency coordinator, with the 2005 award for Highest Participation by an Agency.

During staff reports, Ms. Hassumani reported that Administrator Wayne Thorburn was honored at the American Resort Development Association meeting on March 28, 2006 where he received the "Madsen Award: for his work on timeshare related matters.

The Commission was presented with three lists of recommendations from external and internal focus groups concerning changes to education, licensing, enforcement, technology, communications, human resources and inspector issues. After the Commission had considered the items, staff was instructed to include various items in the Strategic Plan. The Commission approved the Strategic Plan for FY 2007-2011 with these additions. (For an indepth discussion of this issue please see the minutes of the May 2006 meeting on the TREC web site, www.trec.state.tx.us).

The motions for rehearing scheduled for the meeting were continued to the June 19, 2006 meeting.

The Commission reviewed the recommendations of the Sunset Advisory Commission regarding changes to TREC law and policy. The Commission issued its reply and directed staff to prepare and present the reply to the Sunset Advisory Commission. (For an indepth discussion of this issue please see the minutes of the May 2006 meeting on the TREC web site, www.trec.state.tx.us).

The Commission voted to approve payment of three claims against the Real Estate Recovery Trust Account. The claims are as follows: one for $34, 000, one for $290,000, and one for $50,000.

The Commission voted to adopt amendments to 22 TAC §535.64, §§535.91 and 535.92, §535.144, §535.210 and §539.71. The Commission voted to propose amendments to 22 TAC §535.61 and §535.63, §535.220 and §535.223. The Commission voted to propose the repeal of §535.217. The Commission voted to repeal TREC Form No. OP-M, Addendum for unimproved Property Located in a Certificated Service Area of a Utility Service Provider.

The next meetings of the Commission are scheduled for June 19, 2006 and August 7, 2006 in Austin at TREC Headquarters. Also a meeting was scheduled for September 27, 2006 in San Antonio.

The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, July 19, 2006. Chairman John Walton presided.

Alan Waters, Director of Staff Services, announced that he would be retiring after 34 years with the agency. Wayne Thorburn, Administrator, announced that he would also be leaving the agency at the end of October.
The Commission voted to approve payment of two claims against the Inspector Recovery Fund. The claims were for $12,500 each. The Commission voted to approve payment of three claims against the Real Estate Recovery Trust Account. One claim was for $15,515, one for $3,900 and the another for $3,840.

The Commission voted to adopt amendments to 22 TAC §535.61 and §535.63. The Commission voted to refer the amendments to 22 TAC §535.220 back to the Inspector Committee for further recommendations. The Commission voted to withdraw the repeal of §535.217. The Commission voted to propose amendments to 22 TAC §§533.34 and 533.35. The Commission voted to propose amendments to 22 TAC §§543.3-.4 and new §543.12. The Commission voted to withdraw the amendments to §535.223 and new §§535.232-535.238 and return these rules to the Inspector Committee for further recommendations.

The Commission overturned the order of the Administrative Law Judge on Hearing Number 06-63-054240, in the matter of Ricardo M. Estevez and issued a probated license. The Commission overturned the order of the Administrative Law Judge on Hearing Number 06-64-054241, in the matter of Juan C. Estevez and issued a probated license.

The next meetings of the Commission are scheduled for June 30, 2006 and August 7, 2006 in Austin at TREC Headquarters. Also a meeting was scheduled for September 27, 2006 in San Antonio.

The Texas Real Estate Commission held a special scheduled meeting at the TREC headquarters in Austin, Texas on Friday, July 30, 2006. Chairman John Walton presided.

The Commission appointed Chairman Walton, Commissioner Mary Frances Burleson and Commissioner Paul Jordan as the Administrator Selection Committee.

The Commission discussed the draft job description for the Administrator position. Minor changes were made and staff was instructed to post the job opening as soon as possible.

The next meeting of the Commission is scheduled for August 7, 2006 in Austin at TREC Headquarters. Also a meeting was scheduled for September 27, 2006 in San Antonio.

New Look for TREC Website

Through the web site, you can conduct business with TREC online 24 hours a day, 7 days a week.

Whether submitting an original license application or renewing your license online, the process is simple, secure, and convenient.

There are many other online features that you can use for free on the TREC web site.

at the May 1, 2006 meeting of the Texas Real Estate Commission
(for text of rules go to www.trec.state.tx.us)

Number	Topic of Rule	Action	Earliest Possible Date of Adoption	Summary of amendment
§§535.61, 535.63	F. Education, Experience, Education Programs, Time Periods and Type of License	proposed	06/19/2006	Proposes amendments to §535.61 concerning Examinations and §535.63 concerning Education and Experience Requirements for a License. The amendment to §535.61 authorizes the commission to waive the national portion of the examination for an applicant who has passed a comparable national examination that has been certified by a nationally recognized real estate regulator association. The amendment to §535.63 requires a salesperson subject to annual education (SAE) requirements to furnish documentation to the commission of successful completion of appropriate courses 10 business days prior to the day the salesperson renews the salesperson's license. The amendment to §535.63 is necessary to implement on-line renewal of a salesperson's license subject to SAE.
§535.217	R. Real Estate Inspectors	proposed	06/19/2006	Proposes the repeal of §535.217 concerning Dishonest Conduct as Grounds for Disciplinary Action. The repeal is proposed because the subjects addressed in these sections will be covered in new proposed amendments to §535.220 that TREC is simultaneously proposing as part of the Real Estate Inspector Committee recommendations regarding Professional Conduct and Ethics.
§535.220	R. Real Estate Inspectors	proposed	06/19/2006	Proposes amendments to §535.220 concerning Professional Conduct and Ethics. The Texas Real Estate Inspector Committee has recommended that the Commission amend the rule to prohibit contingency arrangements in cases where compensation depends on specific findings or on closing or settlement; to prohibit an inspector from paying a fee to or receiving a fee from a "settlement service provider" as defined in the rule for the referral of inspections for inclusion on a list of preferred providers or for inclusion on a list of inspectors contingent on other financial agreements; to prohibit an inspector from accepting a fee for referring services that are not settlement services or other products to the inspector's client without the consent of the inspector's client; to clarify that an inspector may pay or receive a fee for services actually rendered; to prohibit an inspector from conducting repair for a fee of any systems or components of property covered by the Standards of Practice on which the inspector has performed an inspection under an earnest money contract lease or exchange of real property within 12 months of the date of the inspection; and to prohibit an inspector from disclosing inspection results or client information without prior approval from the client except for observed immediate safety hazards to occupants exposed to such hazards.
§535.223	R. Real Estate Inspectors	proposed	06/19/2006	Proposes an amendment to §535.223, concerning standard inspection report forms. The amendment would adopt by reference a standard inspection report form. The proposed revisions to the report form, Inspection Report Form REI 7A-1, have been recommended by the Texas Real Estate Inspector Committee, to correspond to proposed revisions to the inspector standards of practice that are also being proposed.
§§535.232-535.238	R. Real Estate Inspectors	proposed	06/19/2006	Proposes new rules §§535.232-535.238, concerning inspector standards of practice. The new rules are proposed in conjunction with the Real Estate Inspector Committee's comprehensive review and recommendation regarding inspector standards of practice. The proposed new rules divide the standards of practice for inspectors into seven sections by providing two additional sections and contain a number of substantive changes recommended by the Texas Real Estate Inspector Committee. Generally, the proposed new sections rearrange the current standards of practice, listing the systems, components and items in a home which the inspector must include in an inspection unless the inspector's client agrees to limit the scope of the inspection. New §535.232 addresses standards of practice: general provisions which include definitions, the scope, and the departure provisions of an inspection. New §535.233 addresses inspection guidelines for building systems, including the foundation; site conditions; exterior surfaces; interior surfaces; fireplace and chimney; roof covering; roof framing and attics; and balconies, steps, porches, decks and carports. New §535.234 addresses inspection guidelines for heating ventilation and air conditioning systems. New §535.235 address inspection guidelines for plumbing systems. New §535.336 addresses inspection guidelines for appliances. New §535.337 addresses inspection guidelines for electrical systems. New §535.338 addresses inspection guidelines for optional systems.

at the June 19, 2006 meeting of the Texas Real Estate Commission
(for text of rules go to www.trec.state.tx.us)

Number	Topic of Rule	Action	Earliest Possible Date of Adoption	Summary of amendment
§§533.34, 533.35	Practice and Procedure	proposed	08/07/2006	Proposes amendments to §533.34 concerning Disapproval of an Application for a License or Registration and §533.35 concerning Revocation or Other Action Against a License or Registration. The amendment to §533.34 clarifies that notice of disapproval will not be provided to a sponsoring broker of an applicant for a salesperson license as such licenses are issued as inactive with no sponsoring broker. The amendment to §533.35 clarifies that a hearing concerning a revocation or other disciplinary action against a licensee will be held at a time and place designated by the Commission except in cases involving a violation of §1101.652(a)(3) or (b), Texas Occupations Code. In those cases, the hearing shall be held pursuant to §1101.657(d) if the licensee requests.
§543.3, §543.4, and §543.12	Rules Relating to Provisions of the Texas Timeshare Act	proposed	08/07/2006	Proposes amendments to §543.3, concerning Fees, §543.4, concerning Forms, and proposes new §543.12 concerning Renewal of Registration. The amendments and new rule are proposed to implement revisions to the Texas Timeshare Act, Chapter 221, Texas Property Code enacted during the 79th Legislative Session, Regular Session, by House Bill 1045. The amendments provide for renewal requirements for registered timeshare properties, including a renewal form, and renewal fees. The amendments also propose to amend the Abbreviated Registration of a Timeshare Plan to request additional information from the developer about the jurisdiction in which the plan is already registered and to fix some typographical errors in the form.

Enforcement Questions and Answers

Disciplinary Actions

February 2006- May 2006

Consumer Complaints

Texas Creative Financial
(Dallas); license #467907
Agreed administrative penalty of $1,000, entered February 3, 2006; paid a commission or fees to, or divided a commission or fees with, an unlicensed person (a salesperson whose license had expired) for compensation for services as a real estate agent, in violation of §1101.652(b)(11) of the Texas Occupations code. Established an association, by employment or otherwise, with an unlicensed person (a salesperson whose license had expired) who was expected or required to act as a real estate licensee, in violation of §1101.652(b)(26) of the Texas Occupations Code

Austin, Alan Ray
(Houston); license #5194
Reprimand of professional inspector license, entered February 22, 2006; engaged in misleading advertising by stating on his website and inspection report form that he was an engineer, despite not being properly licensed in Texas as a professional engineer, in violation of 22 TAC §§ 535.221(d) of the Rules of the Texas Real Estate Commission; reported an inspection on a form that included several impermissible deviations from the required TREC REI 7A-0 form, in violation of 22 TAC §§ 535.223(c) and 535.223(d)(6) of the Rules of the Texas Real Estate Commission

Bell, Karen Anita
(Lewisville); license #489007
Agreed six month suspension of salesperson license fully probated for two years, effective February 28, 2006; failed to specify a definite termination date in a buyer representation agreement by indicating an end date of “tbd,” in violation of §1101.652(b)(12) of the Texas Occupations Code; acted negligently or incompetently in failing to make arrangements for a home inspection upon her out-of-state buyer’s request, in not notifying the buyer that she had not received his check for the inspection in time to arrange the inspection before the end of the option period, and in improperly using the FHA “For Your Protection: Get a Home Inspection” form in a transaction that was not employing FHA financing, in violation of §1101.652(b)(1) of the Texas Occupations Code

Wikehart, Drew Alexander
(Houston); license #290354
Agreed reprimand of broker license, entered March 3, 2006; Agreed administrative penalty of $1,000, entered March 3, 2006; engaged in dishonest action and used his expertise to the disadvantage of a buyer, when acting on behalf of a business entity in which he was more than a 10% owner, by agreeing to make repairs to the property and failing to make such repairs prior to closing, in violation of §15(a)(3) of the Real Estate License Act [§1101.652(a)(3) of the Texas Occupations Code, effective June 1, 2003] and 22 TAC §§ 535.144; failed within a reasonable time to provide information requested by the Commission in connection with a complaint, despite multiple telephone calls and letters from the Commission, in violation of §15(a)(8) of the Real Estate License Act [§1101.652(a)(6) of the Texas Occupations Code, effective June 1, 2003]

Madise, Glenda Juanita
(Houston); license. #504473
Agreed reprimand of salesperson license, entered March 8, 2006; acted negligently and/or incompetently in performing an act for which a person is required to hold a real estate license, in violation of § 1101.652(b)(1) of the Texas Occupations Code by failing to deposit the earnest money contract with an escrow agent and failing to provide notice as required by the Third Party Financing Addendum

Lee, Marilyn Plymale
(Dallas); license #242465
Agreed one month suspension of broker license fully probated for six months, effective March 13, 2006; acted negligently or incompetently when she listed and sold real property and did not include in the listing agreement or a sales contract the intent of the seller to include non-realty items with the sale of the property, in violation of §1101.652(b)(1) of the Texas Occupations Code; Ms. Lee did not properly perform and carry out her duties as a broker, or associate of a broker, when in an intermediary relationship with parties as required by §§1101.559 - 1101.560 of the Texas Occupations Code, in violation of §1101.652(b)(33) of the Texas Occupations Code

Guerrero, Alfredo M.
(Killeen); license #448348
Agreed six month suspension of broker license fully probated for one year, effective March 15, 2006; Agreed administrative penalty of $2,500, entered March 15, 2006; while engaging in leasing and property management activities, acting negligently or incompetently in performing acts for which a person is required to hold a real estate license and in supervising office staff, in violation of §15(a)(6)(W) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(1) of the Texas Occupations Code]; while engaging in leasing and property management activities, failing within a reasonable time to properly account for or remit money that is received by the license holder and that belongs to another person and commingling money that belongs to another person with the license holder’s own money, in violation of §15(a)(6)(E) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§§1101.652(b)(9) and (10) of the Texas Occupations Code]; while engaging in leasing and property management activities, establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a real estate licensee, in violation of §15(a)(6)(S) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(26) of the Texas Occupations Code]; using business names in brokerage business which had not been properly filed with the Commission, in violation of 22 TAC §535.154(c) as authorized by §15B(b) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.656 of the Texas Occupations Code]

Romo, Santos Glasgow
(The Colony); license #121710
Agreed administrative penalty of $500, entered March 22, 2006; paid a commission or fees to, or divided a commission or fees with, an unlicensed person (formerly a salesperson until his license expired) for compensation for services as a real estate agent, in violation of §1101.652(b)(11) of the Texas Occupations Code and Mr. Romo established an association, by employment or otherwise, with an unlicensed person (formerly a salesperson until his license expired) who was expected or required to act as a real estate licensee, in violation of §1101.652(b)(26) of the Texas Occupations Code

McBride, Tara Lyn
(Kerrville); license #500359
Agreed reprimand of salesperson license, entered March 23, 2006; acted negligently or incompetently, when representing a buyer, in failing to include in a purchase contract a provision requiring the seller to replace the heating/air-conditioning system, when the seller had agreed to do so in the seller’s disclosure and MLS listing, in violation of §1101.652(b)(1) of the Texas Occupations Code

Griffith, Terry Dean
(Rockwall); license #346073
One year suspension of salesperson license, effective March 23, 2006; engaged in misrepresentation, dishonesty or fraud when he attempted to sell property in which he was not the owner of the property, nor was he under contract to purchase the property, nor did he have the legal authority to stand as the owner in order to sell the property and he negotiated the earnest money tendered by the buyer, in violation of §1101.652(a)(3) of the Texas Occupations Code and when attempting to sell property in his own name, Mr. Griffith failed to disclose to the buyer either in the sales contract or in any other writing that he was a licensed real estate salesperson, in violation of 22 TAC §535.144 of the Rules of the Texas Real Estate Commission

Carson, Scott Allen
(Bullard); license #1347
Agreed reprimand of professional inspector license, entered March 30, 2006; Agreed administrative penalty of $500, entered March 30, 2006; performed a real estate inspection in a negligent or incompetent manner, in violation of Section 1102.301 of the Texas Occupations Code; failed to report as in need of repair the presence of composition shingle roofing on a very low slope roof, in violation of 22 TAC §535.228(h)(1)(A); reported an inspection on a form that included several impermissible deviations from the required TREC REI 7A-0 form, in violation of 22 TAC §535.223(c)

Fieseler, Linda Kay
(Midland); license #448680
Agreed one month suspension of salesperson license fully probated for one year, effective March 31, 2006; Agreed administrative penalty of $1,500, entered March 21, 2006; acted negligently or incompetently in advising seller clients that they were not legally required to complete a seller’s disclosure notice because they had not lived in the property in some years and acted negligently or incompetently in attempting to appoint herself to represent the sellers and the broker to represent the buyers, in violation of Section 1101.652(b)(1) of the Texas Occupations Code; entered into intermediary representation in the absence of proper written consent from the seller prior to showing a listed property to the buyers, in violation of §1101.559(a) of the Texas Occupations Code

Kelly, Roby Rudene
(Midland); license #169534
Agreed one month suspension of broker license fully probated for one year; effective March 31, 2006; Agreed administrative penalty of $1,000, entered March 31, 2006; acted negligently or incompetently in failing to adequately train and supervise a sponsored salesperson and in failing to ensure that proper intermediary procedures were followed, in violation of §1101.652(b)(1) of the Texas Occupations Code; entered into intermediary representation in the absence of proper written consent from the seller prior to showing a listed property to the buyers, in violation of §1101.559(a) of the Texas Occupations Code

Nash, Christopher Robert
(Dallas); license #515400
Agreed reprimand of salesperson license, entered April 4, 2006; acted negligently as an intermediary in a sales transaction when Mr. Nash failed to obtain the buyer's written consent to act as an intermediary or state the source of the broker's compensation, failed to provide written notice to the parties of the appointments made by the intermediary broker, paid a rebate to the seller without the consent of the buyer, and paid the buyer a rebate outside of closing and without the consent of the seller, in violation of §1101.652(b)(1) of the Texas Occupations Code

RESA, Inc.
(San Antonio); license #434367
Broker agreed administrative penalty in the amount of $250, entered April 5, 2006; failing to obtain a branch office license for a location where the broker maintains another place of business, in violation of §12(b) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.552(c) of the Texas Occupations Code, effective June 1, 2003]

Luedke, Sandra Kae
(Flower Mound); license #371045
Agreed reprimand of salesperson license, entered April 10, 2006; Agreed administrative penalty of $250, entered April 10, 2006; acted negligently as a buyer's agent when she entered into the MLS a lease listing on behalf of the buyer before the buyer had an executed sales contract, or other right, for the property, in violation of §1101.652(b)(1) of the Texas Occupations Code

Presser, June Marie
(Rowlett); license #387122
Agreed reprimand of broker license, entered April 10, 2006; Agreed administrative penalty of $500, entered April 10, 2006; acted negligently as a buyer's agent when she failed to include in the sales contract the buyer's intent to enter into a contract contingent on the sale of, and receipt of proceeds from, the sale of the buyer's other property, failed to reduce to writing an agreement for repairs between the parties, and failed to fairly keep the seller informed of the buyer's inability to close without the buyer's receipt of proceeds from the sale of the buyer's other property in violation of §1101.652(b)(1) of the Texas Occupations Code

Hobbs, Randolph
(Fort Worth); license #299148
15-day suspension of broker license, effective April 28, 2006; to furnish to a buyer the representation disclosure statement at the time of the first face-to-face meeting with her, in violation of §15C(d) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.558 of the Texas Occupations Code effective June 1, 2003]; failed to make clear to a buyer in a real estate transaction that he was not representing her but was only representing the seller, in violation of §15(a)(6)(D) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(7) of the Texas Occupations Code effective June 1, 2003]; acted negligently or incompetently in conducting himself in a manner that led the buyer to believe that he was representing her and in presenting to both the buyer and seller for their signatures prior to closing a document entitled “Hold Harmless,” which was an acknowledgment by the buyer and seller that the broker had made no representation or warranty concerning the condition of the property, in violation of §15(a)(6)(W) of the Real Estate License Act, Article 6573a, Texas Civil Statutes [§1101.652(b)(1) of the Texas Occupations Code effective June 1, 2003]

Watt, Clifford Byron
(Lubbock); license #267297
Agreed reprimand of broker license, entered May 2, 2006; acting negligently or incompetently in failing to review a contract that contained a valid option period and right of first refusal before negotiating a second contract on the same property, in violation of 1101.652(b)(1) of the Texas Occupations Code.

Edwards, John S.
(Bellaire); license #379258
Reprimand of broker license, entered May 5, 2006; acted negligently and/or incompetently in performing an act for which a person is required to hold a real estate license by executing an addendum to a lease without confirming that he still had authority to do so, in violation of §1101.652(b)(1) of the Texas Occupations Code

Stuart, Kimberley Ann
(Sante Fe); license #495573
Agreed reprimand of salesperson license, entered May 3, 2006; Agreed administrative penalty of $500, entered May 3, 2006; acting negligently or incompetently by attempting to transfer listings from her former broker to a new broker without first obtaining approval from her former broker or the signature of the former broker, in violation of §1101.652(b)(1) of the Texas Occupations Code

Lea, Stanley Kraig
(Galveston); license #301911
Agreed reprimand of salesperson license, entered May 24, 2006; acting negligently or incompetently in signing a lease on behalf of the landlord without authority from the landlord to sign on the landlord’s behalf, in violation of §1101.652(b)(1) of the Texas Occupations Code

Lutrick, Phyliss Ann
(Lubbock); license #223128
Agreed 1 month suspension of broker license fully probated for 1 year, effective May 31, 2006; Agreed administrative penalty of $500, entered May 31, 2006; acted negligently or incompetently in training and supervising a sponsored salesperson, in violation of §1101.652(b)(1) of the Texas Occupations Code; agreed, through a sponsored salesperson, to represent both a buyer and a seller in the same transaction without first obtaining written authorization from both parties to act as intermediary, in violation of §1101.559 of the Texas Occupations Code; advertised using an assumed business name without giving the Texas Real Estate Commission proper notice of her use of the name, in violation of 22 TAC §535.154 of the Rules of the Texas Real Estate Commission

Edwards, Monty Eugene
(Lubbock); license #515752
Agreed 1 month suspension of salesperson license fully probated for 1 year, effective May 31, 2006; Agreed administrative penalty of $750, entered May 31, 2006; acted negligently or incompetently in misstating information about the age of the components of a home in a brochure used to advertise the property, in violation of §1101.652(b)(1) of the Texas Occupations Code; agreed to represent both a buyer and a seller in the same transaction without first obtaining written authorization from both parties to act as intermediary, in violation of §1101.559 of the Texas Occupations Code; published an advertisement for a property stating that the air conditioning system was three years old, when it was well over ten years old, in violation of §1101.652(b)(23) of the Texas Occupations Code

Administrative Complaints

Vincent, Dwight N.
(Houston); license #456595
One year suspension of salesperson license fully probated five years, effective February 24, 2006; criminal conviction of the felony offense of Possession with Intent to Distribute 3,4 Methylenedioxymethamphetamine (commonly known as Ecstasy), in violation of 21 U.S.C. §§841(a)(1) & (b)(1)(C), aiding and abetting, in violation of 18 U.S.C. §2, constituting grounds for disciplinary action pursuant to §53.021(a) of the Texas Occupations Code

Sheppard, Wilfred
(Harker Heights); license #449868
Revocation of salesperson license, effective March 1, 2006; final conviction of the felony offense of theft of property of a value of over $20,000.00 and under $100,000.00, which is an offense involving moral turpitude and is directly related to the duties and responsibilities of the occupation of licensed real estate salesperson because its commission tends to indicate inability to represent the interest of another with honesty, trustworthiness, and integrity, as found by the Texas Real Estate Commission in 22 TAC §541.1(a) of the Rules of the Texas Real Estate Commission, and as authorized by §53.021(a) of the Texas Occupations Code

Jon, Song Uk
(Houston); license #5992
Agreed administrative penalty of $250, entered March 2, 2006; violated a term and condition of probation

Fogus, Wayne W.
(Windcrest); license #149360
Revocation of broker license, effective April 25, 2006; payment of $50,000.00 made by the Texas Real Estate Commission from the Real Estate Recovery Trust Account toward satisfaction of judgments against Wayne W. Fogus, as provided by §1101.655(a) of the Texas Occupations Code

For failing to complete mandatory continuing education hours and pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission the Commission took the listed action against the following persons.
Adams, Debra Ann Harper (Killeen) license #469285 Agreed reprimand of salesperson license, entered February 13, 2006; Agreed administrative penalty of $250, entered February 13, 2006		Tran, John Thien (Spring) license #484339 Agreed reprimand of salesperson license, entered February 15, 2006; Agreed administrative penalty of $250, entered February 15, 2006
Demske, Norma L. (Garland) license #495755 Agreed reprimand of salesperson license, entered February 21, 2006; Agreed administrative penalty of $250, entered February 21, 2006		Young, Randall Ray (Plano) license #471652 Agreed reprimand of salesperson license, entered February 23, 2006; Agreed administrative penalty of $250, entered February 23, 2006
Jin, Xuemei (Plano) license #487743 Agreed reprimand of salesperson license, entered February 28, 2006; Agreed administrative penalty of $250, entered February 28, 2006		Brown, Charla Neilette (Flower Mound) license #422953 Agreed reprimand of salesperson license, entered March 1, 2006; Agreed administrative penalty of $250, entered March 1, 2006
Walker, Carla Jeanette (Crowley) license #207677 Agreed reprimand of salesperson license, entered March 1, 2006; Agreed administrative penalty of $250, entered March 1, 2006		Mays, Sharon Lee (Fort Worth) license #478869 Agreed reprimand of broker license, entered March 3, 2006; Agreed administrative penalty of $250, entered March 3, 2006;
Dickens, Daniel Wray (Houston) license #322067 Agreed reprimand of salesperson license, entered March 9, 2006; Agreed administrative penalty of $250, entered March 9, 2006		McLean, Kimberly Melissa (Mansfield) license #448881 Agreed reprimand of broker license, entered March 9, 2006; Agreed administrative penalty of $250, entered March 9, 2006
Lara, Jose Rene Jr. (San Antonio) license #497823 Revocation of salesperson license, effective March 21, 2006		Gordon, Ronald W. Jr. (Texas City) license #483691 Revocation of salesperson license, effective March 24, 2006;
Czovek, Andrew Geza (Houston) license #377094 Revocation of salesperson license, effective March 28, 2006		Barbosa, Charlotte Ann (Dallas) license #436730 Agreed reprimand of salesperson license, entered April 4, 2006; Agreed administrative penalty of $250, entered April 4, 2006
Girard, Gisela Ann (San Antonio) license #421605 Revocation of broker license, effective April 13, 2006		Grace, Michael B. (Salado) license #522596 Agreed reprimand of salesperson license, entered April 14, 2006; Agreed administrative penalty of $500, entered April 14, 2006
Green, Reba Marietta (Sugar Land) license #463619 Agreed reprimand of salesperson license, entered April 18, 2006; Agreed administrative penalty of $250, entered April 18, 2006		Hinton, Kenneth Earl (Fort Worth) license #498157 Agreed reprimand of salesperson license, entered April 25, 2006; Agreed administrative penalty of $750, entered April 25, 2006
Parker, Eva K. (Houston) license #455988 Revocation of salesperson license, effective April 27, 2006		Daniels, Georgina Marie (Houston) license #442539 Revocation of salesperson license, effective April 28, 2006
Faulkner, Joseph Todd (Houston) license #509781 Revocation of salesperson license, effective May 3, 2006		Wilson, Maxine G. (Magnolia) license #222400 Agreed reprimand of salesperson license, entered May 4, 2006; Agreed administrative penalty of $250, entered May 4, 2006
Droemer, Ashlee Lynn (San Antonio) license #479676 Agreed reprimand of salesperson license, entered May 9, 2006; Agreed administrative penalty of $250, entered May 9, 2006		Waggoner, Lance Allan (Corsicana) license #339973 Agreed reprimand of broker license, entered May 9, 2006; Agreed administrative penalty of $250, entered May 9, 2006
Benavides, Manuel (San Antonio) license #436230 Revocation of broker license, effective May 10, 2006		McBride, Jessica Lynn (League City) license #486669 Agreed reprimand of salesperson license, entered May 11, 2006; Agreed administrative penalty of $250, entered May 11, 2006
Frantz, Joel Douglas (Plano) license #444831 Revocation of broker license, effective May 15, 2006		Cable, Chad (Sulpher Springs) license #180254 Agreed reprimand of broker license, entered May 22, 2006; Agreed administrative penalty of $250, entered May 22, 2006
Johnson, James Michael (Houston) license #457380 Revocation of salesperson licensed, effective May 25, 2006		Hathorn, Larry Wayne (Walburg) license #236758 Agreed reprimand of broker license, entered May 31, 2006; Agreed administrative penalty of $500, entered May 31, 2006
For failing to complete mandatory continuing education hours within the 60-day period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission. The Commission took the listed action against the following persons.
Johnson, Hiram Barker Jr. (Dallas) license #160996 Agreed reprimand of broker license; Agreed administrative penalty of $250, entered February 9, 2006		Currey, David Marcus (Austin) license #171341 Agreed reprimand of broker license, entered May 23, 2006; Agreed administrative penalty of $250, entered May 23, 2006
Insull, William III (Houston) license #l416290 Agreed reprimand of broker license, entered May 31, 2006
For failing to pay the $200 fee within the 60-day period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission, the Commission took the listed action against the following persons.
Powell, Awilda Irizarry (Houston) license #406189 Revocation of salesperson license, effective March 24, 2006		Smith, Carma Baggett (Houston) license #486826 Agreed reprimand of salesperson license, entered April 5, 2006
Wright, Jennifer Dawn (Seabrook) license #483948 Revocation of salesperson license, effective May 25, 2006
For failing with a reasonable time to provide information to the Commission in response to Commission's request for same in connection with an application for renewal of real estate salesperson license, the Commission took the listed action against the following persons.
Nguyen, Thien Chi (Houston) license #506969 Agreed reprimand of salesperson license, entered April 13, 2006		Bailey, Richard Edward (Houston) license #510444 Revocation of salesperson license, effective May 24, 2006
Anderson, Dorothy Jean (Arlington) license #257870 Revocation of salesperson license, effective May 31, 2006

Renew your broker, salesperson or inspector license online at http://www.trec.state.tx.us/licenses

DON’T FORGET: You must still renew your license even if you choose to be inactive.

Got A Question About A Relocation Company?
Through a link maintained on the TREC web site, licensees may directly access
The Real Estate Coalition for Cooperative Business Practices (the Coalition) of the
Employee Relocation Council
by clicking on “The Interchange” on the Coalition’s website at
http://coalition.erc.org
Licensees may raise concerns about their dealings with a relocation company and send a message to the appropriate company for response.

Commission
Meetings: August 7, 2006 in Austin and September 27, 2006 in San Antonio

The TRECAdvisor (ISSN 1047-4579) is published by the Texas Real Estate Commission (TREC) as an educational service to licensees in the state of Texas. The purpose of the newsletter is to promote a better understanding of the Real Estate License Act and to inform all licensees of changes affecting laws and practices in the real estate industry. The TRECAdvisor is funded through legislative appropriations and subscriptions collected from TREC licensees. The official text of TREC rules is filed with the Office of the Secretary of State, Texas Register. TREC encourages reproduction of this newsletter with the appropriate acknowledgments. Subscriptions are available for $4.00 for two years. Single issues are $1.00. To order a subscription or a single issue write to TRECAdvisor, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. For information regarding TREC, contact:

Texas Real Estate Commission
P.O. Box 12188
Austin, Texas 78711-2188
(512) 459-6544 or (800) 250-TREC
http://www.trec.state.tx.us

1	type of license (salesperson, broker, etc.);
2	education hours that must be completed in order to renew;
3	license number and check digit number;
4	license expiration date; and
5	name, permanent mailing address. An active salesperson’s notification will continue to be sent to his or her sponsoring broker; inactive salespersons and all brokers will receive the postcard directly.

Number	Topic of Rule	Action	Effective Date	Summary ofamendment
§535.64	F. Education, Experience, Education Programs, Time Periods and Type of License	ADOPTED	05/24/2006	Adopts by reference Form Ed 7-1 Instructor Manual Guidelines For Core Real Estate And Real Estate Related Courses. Adds to the rule a cite to the TREC website to download the form and changes the cites in the form to the relevant statutory provisions of Chapter 1101 Texas Occupations Code. Also updates the Instructor Manual for style and clarity and removes obsolete sections.
§§535.91 and .92	I. Licenses	ADOPTED	07/01/2006	Adopts amendments to §535.91 concerning Renewal Notices and §535.92 concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements. In §535.91 the amendments changes the name of the “renewal application form” to “renewal notice” to make it clear that the commission will be notifying real estate licensees of renewal requirements with a notice rather than a form. It also deletes the subsection that adopts by reference the renewal application form as the form will no longer be used. The adopted revisions to §535.92 require all licensees to renew online at the commission website with an appropriate payment method. All information required of the licensee to renew the license may be entered online. Licensees unable to renew online can obtain a renewal form from the commission by mail or by downloading the form from TREC's website. The commission will continue to notify licensees of the renewal and educational requirements three months before the expiration of the current license.
§535.144	N. Suspension and Revocation of Licensure	ADOPTED	05/24/2006	Adopts amendments to §535.144 concerning When Acquiring or Disposing of Own Property. The amendment to §535.144 defines “first degree of consanguinity” to mean a child or parent of the licensee and requires a licensee to disclose in writing that he or she is a real estate salesperson or broker acting on his or her own behalf or on behalf of the licensee’s spouse
§535.210	R. Real Estate Inspectors	ADOPTED	05/24/2006	Adopts an amendment to §535.210 concerning Fees to add a $5 fee to be charged to corporations and limited liability companies licensed as Texas professional inspectors for the annual renewal of the license.
§539.71	Provisions of the Residential Service Company Act	ADOPTED	05/24/2006	Adopts amendments to §539.71 concerning Miscellaneous Forms by changing the cites in Form RSC 2-3

John Walton, Chairman LUBBOCK	Elizabeth Leal, Vice-Chair EL PASO
William H. Flores, Secretary SUGAR LAND	James N. Austin, Jr. FORT WORTH
Mary Frances Burleson DALLAS	Ramon "Mick" Cantu HOUSTON
Louise E. Hull VICTORIA	Lawrence D. Jokl BROWNSVILLE
Paul H. Jordan GEORGETOWN

Reminder Postcard Mail Out Began July 1, 2006

Meeting Highlights

New Look for TREC Website

FOR YOUR OWN GOOD...
CHECK THE
EXPIRATION DATE OF YOUR LICENSE

Enforcement Questions and Answers

Disciplinary Actions

February 2006- May 2006

Renew your broker, salesperson or inspector license online at http://www.trec.state.tx.us/licenses

TRECAdvisor

Reminder Postcard Mail Out Began July 1, 2006

Meeting Highlights

New Look for TREC Website

FOR YOUR OWN GOOD... CHECK THE EXPIRATION DATE OF YOUR LICENSE

Enforcement Questions and Answers

Disciplinary Actions

February 2006- May 2006

Renew your broker, salesperson or inspector license online at http://www.trec.state.tx.us/licenses

FOR YOUR OWN GOOD...
CHECK THE
EXPIRATION DATE OF YOUR LICENSE