PART 5. STATE BOARD OF DENTAL EXAMINERS
CHAPTER 104. CONTINUING EDUCATION
The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §104.2, concerning continuing education providers. The adopted amendment adds Dental Risk Solutions, LLC as a Board approved continuing education course provider to subsection (e)(22). This rule is adopted without changes to the proposed text as published in the July 8, 2022, issue of the Texas Register (47 TexReg 3868) and will not be republished.
No comments were received regarding adoption of this rule.
This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.
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 August 12, 2022.
TRD-202203030
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: September 1, 2022
Proposal publication date: July 8, 2022
For further information, please call: (512) 305-8910
SUBCHAPTER B. SANITATION AND INFECTION CONTROL
The State Board of Dental Examiners (Board) adopts this repeal of 22 TAC §108.25, concerning dental health care workers. The adopted rule repeal deletes unnecessary repetitive statutory language found in Chapter 85 of the Texas Health and Safety Code. This rule is adopted with no changes to the proposed text as published in the July 8, 2022 issue of the Texas Register (47 TexReg 3869), and will not be republished.
No comments were received regarding adoption of this rule repeal.
This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.
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 August 12, 2022.
TRD-202203029
Lauren Studdard
General Counsel
State Board of Dental Examiners
Effective date: September 1, 2022
Proposal publication date: July 8, 2022
For further information, please call: (512) 305-8910
CHAPTER 537. PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.21, Standard Contract Form TREC No. 10-6; §537.22, Standard Contract Form TREC No. 11-7; §537.23, Standard Contract Form TREC No. 12-3; §537.35, Standard Contract Form TREC No. 28-2; §537.39, Standard Contract Form TREC No. 32-4; §537.40, Standard Contract Form TREC No. 33-2; §537.41, Standard Contract Form TREC No. 34-4; §537.44, Standard Contract Form TREC No. 37-5; §537.45, Standard Contract Form TREC No. 38-7; §537.52, Standard Contract Form TREC No. 45-2; §537.54, Standard Contract Form TREC No. 47-0; §537.55, Standard Contract Form TREC No. 48-1; §537.56, Standard Contract Form TREC No. 49-1; §537.57, Standard Contract Form TREC No. 50-0; §537.60, Standard Contract Form TREC No. 53-0; and new §537.62, Standard Contract Form TREC No. OP-H, Seller's Disclosure Notice; §537.63, Standard Contract Form TREC No. OP-L, Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law; and §537.64, Standard Contract Form TREC No. OP-M, Non-Realty Items Addendum in Chapter 537, Professional Agreements and Standard Contracts, without changes, as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3010) and will not be republished.
The amendments and new rules to Chapter 537 are made as a result of the Commission's quadrennial rule review. Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. The changes to the existing rules add the title of the form adopted by reference in each rule to the rule title and add clarifying language to specify which forms are for mandatory versus voluntary use by license holders. The new rules pair previously existing forms that were available for voluntary use by license holders with a rule to provide greater clarity about the forms purpose and use.
One comment was received from the Texas Association of Builders (TAB), who believes that the proposed addition of "mandatory" will lead to confusion regarding the right of a property owner to use non-TREC forms in certain transactions, and in turn, may delay these transactions. TAB suggested that where the term "mandatory" has been added to the rules, the statement "unless otherwise permitted under 22 TAC 537.11(a)" be appended. The Commission declines to any make changes at this time in response to TAB's comments. However, the Commission is currently reviewing 22 TAC §537.11, Use of Standard Contract Forms, and plans to present recommended changes to that rule, as well as a new definitions section that would include definitions of "mandatory use" and "voluntary use", at the November Commission meeting for proposal. The Commission believes these revisions will better address TAB's concerns.
The amendments and new rules are 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; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2022.
TRD-202202988
Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: August 30, 2022
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.26, Standard Contract Form TREC No. 15-5; §537.27, Standard Contract Form TREC No. 16-5; and new §537.61, Standard Contract Form TREC No. 54-0, Landlord's Floodplain and Flood Notice in Chapter 537, Professional Agreements and Standard Contracts, and the forms adopted by reference, without changes in the rule text, but with the following non-substantive changes to the forms as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3013):
-The insertion of lines in the blank following Paragraph 11, Special Provisions, of the Seller's Temporary Residential Lease (TREC No. 15-5) and the Buyer's Temporary Residential Lease (TREC No. 16-5),
-The addition of "to" in the notice of the Buyer's Temporary Residential Lease so that the notice reads "…prior to the closing", and
-The replacement of the term "Property" with "a dwelling" in Paragraph C(2) of the Landlord's Floodplain and Flood Notice.
Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted and recommended for proposal by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor. The Texas Real Estate Broker-Lawyer Committee recommended revisions to the contract forms adopted by reference under the amendments and new rule to Chapter 537 to comply with statutory changes enacted by the 87th Legislature in HB 531.
HB 531 requires a landlord to disclose, in certain situations, whether the landlord is aware that the dwelling is located in a 100-year floodplain or that the dwelling has flooded within the last five years. Because landlords of temporary residential leases are not exempted, the changes create a new flood disclosure notice form and add a new paragraph referencing the notice in the Seller's Temporary Residential Lease (TREC No. 15-5) and the Buyer's Temporary Residential Lease (TREC No. 16-5).
Additionally, the amendments §535.26, Standard Contract Form TREC No. 15-5, and §535.27, Standard Contract Form TREC No. 16-5, contain changes made as a result of the Commission's quadrennial rule review. Those changes add the corresponding standard contract form title to the rule title and add clarifying language to specify that both of the forms adopted by reference in these rules are for mandatory use by license holders.
One comment was received from the Texas Association of Builders (TAB), who believes that the proposed addition of "mandatory" to the rules §535.26 and §535.27 will lead to confusion regarding the right of a property owner to use non-TREC forms in certain transactions, and in turn, may delay these transactions. TAB suggested that where the term "mandatory" has been added to the rules, the statement "unless otherwise permitted under 22 TAC 537.11(a)" be appended. The Commission declines to make any changes at this time in response to TAB's comments. However, the Commission is currently reviewing 22 TAC §537.11, Use of Standard Contract Forms, and plans to present recommended changes to that rule, as well as a new definitions section that would include definitions of "mandatory use" and "voluntary use", at the November Commission meeting for proposal. The Commission believes these revisions will better address TAB's concerns.
The amendments and new rules are 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; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102. The amendments and new rules are also adopted under Texas Occupations Code, §1101.155, which authorizes the Texas Real Estate Commission to adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the Commission.
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 August 10, 2022.
TRD-202202968
Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Effective date: August 30, 2022
Proposal publication date: May 20, 2022
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts the repeal of 22 TAC §543.1, Registration; §543.2, Amendments; §543.3, Fees; §543.4, Forms; §543.5, Violations; §543.6, Complaints and Disciplinary Proceedings; §543.7, Contract Requirements; §543.8, Disclosure Requirement; §543.9, Exemptions; §543.10, Escrow Requirements; §543.11, Maintenance of Registration; and §543.12, Renewal of Registration; §543.13, Assumed Names, in Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act. The repeals are adopted without changes, as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3014), and will not be republished.
The repeal of these sections is made as a result of the Commission's quadrennial rule review, and more specifically, is the result of a proposed new definitions section in this chapter, which will require the renumbering of these sections. TREC will renumber and replace these rules, with some proposed changes.
No comments were received on the proposed repeal as published.
The repeal is adopted under the Texas Property Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.
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 August 10, 2022.
TRD-202202985
Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Effective date: August 30, 2022
Proposal publication date: May 20, 2022
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts new 22 TAC §543.1, Definitions; §543.2, Registration; §543.3, Amendments; §543.4, Fees; §543.5, Forms; §543.6, Violations; §543.7, Complaints and Disciplinary Proceedings; §543.8, Contract Requirements; §543.9, Disclosure Requirement; §543.10, Exemptions; §543.11, Escrow Requirements; §543.12, Maintenance of Registration; §543.13, Renewal of Registration; and §543.14, Assumed Names, in Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act. The rules are adopted without changes to the text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3015) and will not be republished.
The adopted new rules to Chapter 543 are made as a result of the Commission's quadrennial rule review. The adopted changes add a new definitions section for ease of reading and update terminology for consistency throughout the chapter. Additionally, new §543.5, Forms, and §543.13, Renewal of Registration, correct a reference to a Commission form.
No comments were received on the proposed new rules as published.
The new rules are adopted under the Texas Property Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.
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 August 10, 2022.
TRD-202202986
Abby Lee
Deputy General Counsel
Texas Real Estate Commission
Effective date: August 30, 2022
Proposal publication date: May 20, 2022
For further information, please call: (512) 936-3057