Commission Duties and Powers
A study outline separates the Texas Real Estate License Act from the TREC Rules. Which statement correctly identifies the lawmaker and the regulator?
Show answer and explanation for sample 1
Answer: C. The Legislature enacts the Act; TREC administers it and adopts authorized rules.
The Texas Legislature enacts the Texas Real Estate License Act, in Occupations Code Chapter 1101. Section 1101.151 gives TREC authority to administer Chapters 1101 and 1102 and adopt and enforce necessary rules. A rule must stay within delegated authority; it is not an amendment to the Act.
Why the other choices miss: A reverses the Legislature’s and TREC’s roles. B gives the Broker-Lawyer Committee a lawmaking power it does not have. D confuses contested-case decisions with enacting a statute.
Watch for this: Keep legislation, rulemaking and enforcement separate. A regulator does not acquire legislative power by publishing a rule.
Rule reference: Texas Occupations Code 1101.151