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Texas License Law & TREC/Statutory Rule Explanation

TREC Commission Composition

Last updated: |By Slate Azimuth Specialists
Direct Answer (BLUF)

The Texas Real Estate Commission consists of nine members appointed by the Governor.

Under TRELA §1101.051, the Texas Real Estate Commission (TREC) is composed of 9 members: 6 licensed brokers who have been active for at least five years, and 3 public members who represent the consumer interest.

TRELA §1101.051— Commission Membership

Composition of the Texas Real Estate Commission (TREC)

The Texas Real Estate Commission (TREC) is the governing body that administers license law, establishes rules, and protects consumers in Texas real estate transactions. Its structure is explicitly defined under Section 1101.051 of the Texas Real Estate License Act (TRELA).

Why This Rule Exists

The 6-to-3 division between industry professionals and public members ensures that the commission has the technical expertise to regulate the real estate market while maintaining substantial public oversight, preventing the industry from self-serving regulation.

The Exam Trap

A common trap is confusing TREC with the Texas Real Estate Broker-Lawyer Committee:

  • TREC has 9 members (6 brokers, 3 public members) appointed by the Governor. They adopt and enforce rules and contract forms.
  • The Broker-Lawyer Committee has 13 members (6 brokers appointed by TREC, 6 lawyers appointed by the State Bar, 1 public member appointed by the Governor). They draft contract forms but have no power to pass rules or enforce them.

Worked Texas Example

Scenario: A new contract form needs to be created to handle residential transactions. The Governor wants to bypass the standard review process. Outcome: The Broker-Lawyer Committee (13 members) must first draft the contract form. The draft is then submitted to TREC (9 members), who will vote to officially adopt (promulgate) the form for public use.

Core Comparison Breakdown

Broker Members (6)Public Members (3)
Must be a licensed real estate broker in TexasCannot be licensed in real estate or associated with real estate businesses
Must have been active as a broker for at least 5 years preceding appointmentMust represent the general public interest as consumer advocates
Appointed by the Texas Governor with Senate approvalAppointed by the Texas Governor with Senate approval
RULE

Exam Tip

Do not confuse TREC (the Commission) with the Broker-Lawyer Committee. TREC has 9 members; the Broker-Lawyer Committee has 13 members and writes the contracts.
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