PART 23. TEXAS REAL ESTATE COMMISSION
CHAPTER 533. PRACTICE AND PROCEDURE
SUBCHAPTER E. PETITION FOR ADOPTION OF RULES
The Texas Real Estate Commission (TREC) adopts new rule 22 TAC §533.50, Petition for Adoption of Rules, in Chapter 533, Practice and Procedure, with non-substantive changes to the rule, as published in the March 12, 2021, issue of the Texas Register (46 TexReg 1594). The rule will be republished.
The new rule §533.50 implements a statutory requirement that state agencies must prescribe by rule the form for a petition for adoption of rules and the procedure for its submission, consideration, and disposition.
The new rule was recommended by the Executive Committee.
Eight comments were received. Four comments were in support of the rule as published with one requesting a change in sentence structure. Two were neutral regarding the rule as published and two were opposed with one requesting simplified language. The Commission declined to make any changes to the rule based on these comments but did make a non-substantive change to add the agency's mailing address under subsection c.
The new rule is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102, as well as Texas Government Code §2001.021, which requires state agencies to adopt by rule procedures for petitioning for the adoption of rules.
§533.50.Petition for Adoption of Rules.
(a) Any interested person, as defined by §2001.021, Government Code, may request a rule be adopted, amended, or repealed by submitting a written petition to the Commission.
(b) The written petition must include:
(1) the person's full name, mailing address, telephone number, and email address;
(2) a brief summary of the proposed action and its desired effect;
(3) a justification for the proposed action set out in narrative form with sufficient particularity to inform the Commission the reasons and arguments on which the person is relying;
(4) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted; and
(5) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.
(c) The written petition must be submitted to the Commission by:
(1) delivering the petition in person to the Commission's headquarters;
(2) sending the petition via email to general.counsel@trec.texas.gov;
(3) sending the petition via fax to (512) 936-3788, ATTN: General Counsel; or
(4) sending the petition via mail to P.O. Box 12188, Austin, Texas, 78711, ATTN: General Counsel.
(d) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the Chair of the Commission, in consultation with Commission staff, shall review the petition and either:
(1) deny the petition in writing, stating the reasons for the denial; or
(2) initiate a rulemaking proceeding under Chapter 2001, Government Code, by directing that the petition be placed on the next agenda for discussion by:
(A) the Commission; or
(B) the appropriate advisory committee with subject matter jurisdiction.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101792
Vanessa Burgess
General Counsel
Texas Real Estate Commission
Effective date: May 26, 2021
Proposal publication date: March 12, 2021
For further information, please call: (512) 936-3284