PART 9. TEXAS MEDICAL BOARD
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER B. GENERAL LICENSURE REQUIREMENTS
The Texas Medical Board (Board) adopts new rule §161.8, concerning Evaluation of Professional or Work History. The new rule is being adopted without changes to the proposal as published in the January 17, 2025, issue of the Texas Register (50 TexReg 469). The adopted new rule will not be republished.
The adopted new section establishes requirements for professional or work history for physician licensure applicants. The section also describes how this professional or work history is evaluated by the board and how any deficiencies may be remediated by applicants. This section was erroneously excluded from the Board's proposed new rules published and adopted in 2024 during its rule review. This adoption remedies that error.
The Board received no comments regarding the proposed new rule.
The new rule is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to govern its own proceedings, perform its duties, regulate the practice of medicine, and enforce Subtitle B of Title 3 of the Texas Occupations Code. The new rule is also adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. No other statutes, articles or codes are affected by this adoption.
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 February 13, 2025.
TRD-202500500
Scott Freshour
General Counsel
Texas Medical Board
Effective date: March 8, 2025
Proposal publication date: January 17, 2025
For further information, please call: (512) 305-7059
CHAPTER 531. CANONS OF PROFESSIONAL ETHICS AND CONDUCT
The Texas Real Estate Commission (TREC) adopts amendments to §531.20, Information About Brokerage Services, without changes, as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9460) and will not be republished.
The amendments to §531.20 and the form adopted by reference (the Information About Brokerage Services (IABS) notice) are made as a result of the recent industry changes surrounding broker compensation to clarify to the consumer that any brokerage fees are not set by law and are negotiable.
Three comments were received on the proposed amendments. Two comments requested alternative or additional language be added regarding the negotiability of compensation, while one comment requested a formatting change. The Commission reviewed the comments, but declined to make changes at this time, concluding that the proposed language adequately addressed the concerns raised.
The amendments 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 amendment is also adopted under Texas Occupations Code, §1101.558, which requires the Commission to prescribe the text of the IABS notice.
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 February 13, 2025.
TRD-202500508
Abby Lee
General Counsel
Texas Real Estate Commission
Effective date: April 1, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts new 22 TAC §534.8, Employee Sick and Family Leave Pools, in Chapter 534, General Administration, without changes, as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9461) and will not be republished.
The new rule is adopted to address the operation and procedures of both the employee sick and family leave pool required by sections 661.002 and 661.022, Texas Government Code.
No comments were received on the proposed new rule.
The new rule is adopted under §1101.151, Occupations Code, 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 new rule is also proposed under sections 661.002 and 661.022, Texas Government Code, which requires a state agency to adopt rules and prescribe procedures relating to the operation of the agency sick and family leave pools.
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 February 13, 2025.
TRD-202500509
Abby Lee
General Counsel
Texas Real Estate Commission
Effective date: March 5, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 936-3057
SUBCHAPTER Q. ADMINISTRATIVE PENALTIES
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.191, Schedule of Administrative Penalties, in Chapter 535, General Provisions, without changes, as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9468) and will not be republished.
The amendment is adopted to: (i) clarify that a person may only pay an administrative penalty in an authorized manner; and (ii) add that if an online payment is authorized, such a payment may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Commission.
No comments were received on the proposed amendments.
The amendment 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; 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 amendment is also adopted under Texas Occupations Code, §1101.702, which requires the Commission adopt by rule a schedule of administrative penalties.
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 February 13, 2025.
TRD-202500512
Abby Lee
General Counsel
Texas Real Estate Commission
Effective date: March 5, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.219, Schedule of Administrative Penalties, in Chapter 535, General Provisions, without changes, as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9470) and will not be republished.
The amendment is adopted to: (i) clarify that a person may only pay an administrative penalty in an authorized manner; and (ii) add that if an online payment is authorized, such a payment may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Commission.
No comments were received on the proposed amendments.
The amendment 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; 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 amendment is also adopted under Texas Occupations Code, §1102.403, which allows the Commission to impose an administrative penalty as provided by Subchapter O, Chapter 1101, pursuant to that section.
The statute affected by this amendment is Texas Occupations Code, Chapter 1102. No other statute, code or article is affected by the amendment.
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 February 13, 2025.
TRD-202500513
Abby Lee
General Counsel
Texas Real Estate Commission
Effective date: March 5, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 936-3057
The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.45, Standard Contract Form TREC No. 38-7, Notice of Buyer's Termination of Contract, in Chapter 537, Professional Agreements and Standard Contracts, without changes, as published in the November 22, 2024, issue of the Texas Register (49 TexReg 9471) and will not be republished.
Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contracts for the sale of real property. These forms are drafted and recommended for adoption 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 Paragraph 2 of the Notice of Buyer's Termination of Contract to ensure that the buyer has delivered the lender's written statement to the seller in accordance with the recent changes to Paragraph 2A, Buyer Approval, of the Third Party Financing Addendum.
No comments were received on the proposed amendments.
The amendment 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; 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 amendment is also adopted under Texas Occupations Code, §1101.155, which authorizes the 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 statute affected by this amendment is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the amendment.
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 February 13, 2025.
TRD-202500514
Abby Lee
General Counsel
Texas Real Estate Commission
Effective date: April 1, 2025
Proposal publication date: November 22, 2024
For further information, please call: (512) 936-3057