TREC is considering adopting a new rule that would significantly change how trust accounts are managed. The proposed rule is published in the Texas Register with a 30-day comment period. Several brokers submit comments opposing the rule. Under Texas law, which of the following is accurate regarding TREC's obligation?
Correct Answer
C) TREC must consider the comments received and may adopt, modify, or withdraw the rule but is not required to follow majority opinion
Under the Texas Administrative Procedure Act (Government Code §2001.029), agencies like TREC must consider all timely submitted comments on proposed rules. However, the agency retains discretion to adopt, modify, or withdraw the rule regardless of the volume of opposition. The APA does not require agencies to follow majority opinion from public comments.
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