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 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?
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?
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?
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.