Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER EREQUIREMENTS FOR LICENSURE
RULE §535.50Definitions
ISSUE 08/31/2018
ACTION Proposed
Preamble Texas Admin Code Rule

The following words and terms, when used in Subchapter E, F, or G of this chapter, shall have the following meanings, unless the context clearly indicates otherwise or a definition from that subchapter supersedes the definition.

   [(1)Alternative delivery method--A method of course delivery other than classroom or correspondence. Alternative delivery method courses include online courses and webinars.]

  (1)[(2)] Applicant--A person seeking a license, certificate, registration, approval or permit from the Commission [approval to be a provider or instructor of a course for which core or mandatory continuing education credit is given].

  (2)[(3)] Broker Responsibility Course--The course required by §1101.458 of the Act.

   [(4)Certified MCE instructor--An instructor approved by the Texas Real Estate Commission and certified to teach the required legal update course, the required ethics course, or the broker responsibility course.]

  (3)[(5)] Designated broker--An individual holding an active Texas real estate broker license designated by a business entity licensed by the commission to act on its behalf. The designated broker must be an officer of a corporation, a manager of a limited liability company or a general partner of a partnership.

   [(6)Distance learning course--A correspondence course, alternative delivery method course or course offered through video presentation.]

   [(7)Elective credits--The hours of mandatory continuing education required to renew a license for which a specific course is not required.]

  (4)[(8)] Hour--Fifty minutes of actual session time.

   [(9)Instructor--A person approved by the Texas Real Estate Commission to teach core or mandatory continuing education courses.]

   [(10)MCE--Mandatory Continuing Education.]

  (5)[(11)] Non-elective Courses--The legal update [and ethics] courses required by §1101.455 of the Act and the broker responsibility course required by §1101.458 of the Act.

   [(12)Proctor--A person who monitors a final examination for a course offered by a provider under the guidelines contained in this section. A proctor may be a course instructor, the provider, an employee of a college or university testing center, a librarian, or other person approved by the commission.]

   [(13)Provider--Any person offering a course for which credit may be granted by the Commission to a licensee or applicant, regardless of whether the Commission must approve or certify the person to offer the course.]

  (6)[(14)] Related course--A course determined to be acceptable by the commission to count towards related credit. The commission will periodically publish lists of acceptable real estate related courses.

   [(15)Required legal course or legal credits--The required legal update or legal ethics courses or credits earned for attending such courses.]

   [(16)Required legal ethics course--A required course created for and approved by the Texas Real Estate Commission to satisfy three of the six legal hours of mandatory continuing education required by §1101.455 of the Act.]

   [(17)Required legal update course--A required course created for and approved by the Texas Real Estate Commission to satisfy three of the six legal hours of mandatory continuing education required by §1101.455 of the Act.]

   [(18)School--A person accredited by the Texas Real Estate Commission to offer courses for which core credit is given.]

   [(19)Student--An individual taking a core or MCE course for TREC credit.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2018

TRD-201803572

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 30, 2018

For further information, please call: (512) 936-3092



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