TREC's composition, duties, and powers, and its advisory committees

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Texas's regulator

The Texas Real Estate Commission (TREC) administers the Real Estate License Act and regulates licensing and professional conduct to protect the public. It is a state regulator, not a private trade association.

TREC has nine members: six brokers and three public members, appointed by the governor with the Texas Senate's advice and consent. Members serve staggered six-year terms. Do not confuse the commission's composition with an advisory committee's composition.

Under Tex. Occ. Code § 1101.151, TREC administers Chapters 1101 and 1102, may adopt and enforce implementing rules, and may establish conduct and ethics standards. Rulemaking operates within legislative authority. Under § 1101.059, a new commissioner must complete training before voting, deliberating, or being counted in attendance.

Specialized advice

The Texas Real Estate Commission sits above three specialized groups. Advice flows to TREC from Education Standards on courses and instructors, from Broker Responsibility on broker practice and rules, and from the Broker-Lawyer Committee on contract form drafting. TREC holds the regulatory role.
Match each Texas body to its function.

The Education Standards Advisory Committee reviews curriculum standards, course content, and instructor qualifications for qualifying and continuing education. Its twelve members comprise seven practicing license holders, four education members, and one public member. Terms are staggered two-year terms; the quorum is seven.

The Broker Responsibility Advisory Committee examines broker responsibility, related TREC rules, and possible legislative changes. Its nine members are active Texas brokers with at least five years of brokerage practice before appointment and current active practice. Regular terms are staggered four-year terms; the quorum is five. Initial appointments include shorter terms to establish staggering.

The Broker-Lawyer Committee drafts and revises contract forms capable of standardization. Section 1101.254 requires safeguards adequate to protect the transaction's principals. Drafting forms is distinct from TREC's regulatory role.

Committee service

Under § 1101.158, advisory committee members serve at TREC's will. Members who are not commissioners receive no compensation for committee service, but may receive actual and necessary expense reimbursement. Telephone or video meetings are permitted and remain subject to open-meeting requirements.

Match the body to its job: education standards, broker responsibility, contract drafting, or the commission's regulatory authority.

Key terms

Sample questions

Which membership mix describes the Texas Real Estate Commission itself?

  • Six brokers and three public members
  • Seven license holders, four education members, and one public member
  • Nine active brokers
  • Three brokers and six public members
Reveal answer

Correct answer: Six brokers and three public members

TREC has nine commissioners: six brokers and three public members. Committee membership patterns are different.

A Texas real estate school identifies gaps in qualifying-course content and instructor qualifications. Which advisory committee is the best fit for reviewing these concerns?

  • Education Standards Advisory Committee
  • Broker Responsibility Advisory Committee
  • Broker-Lawyer Committee
  • A private association committee acting as the state regulator
Reveal answer

Correct answer: Education Standards Advisory Committee

Education Standards reviews curriculum standards, course content requirements, and instructor qualifications for qualifying and continuing education.

Which function belongs to TREC under the Act’s general powers provision?

  • Enacting amendments to the Real Estate License Act
  • Appointing the governor’s replacement commissioners
  • Representing brokers as their private trade association
  • Adopting and enforcing rules necessary to administer Chapters 1101 and 1102
Reveal answer

Correct answer: Adopting and enforcing rules necessary to administer Chapters 1101 and 1102

Section 1101.151 authorizes TREC to adopt and enforce rules necessary to administer Chapters 1101 and 1102.

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