(a)Except as provided by this Section, CE providers
must comply with the responsibilities and operations requirements
of §535.65 of this title.
(b)Use of approved Instructor. The use of approved
CE instructor is governed by this subsection.
(1)Except as provided by this subsection, a CE provider
must use an instructor that:
(A)is currently approved by the Commission; and
(B)has expertise in the subject area of instruction
and ability as an instructor;
(2)A CE instructor shall teach a course in substantially
the same manner represented to the Commission in the instructor's
manual or other documents filed with the application for course approval
(3)A CE provider may use the services of a guest instructor
who is not approved as a CE instructor by the Commission for real
estate or inspector elective CE courses provided that:
(A)that guest instructor instructs for no more than
a total of 50% of the course; and
(B)a commission approved CE instructor remains in
the classroom during the guest instructor's presentation.
(4)A CE provider may use the services of a guest instructor
who is not approved as a CE instructor by the Commission for 100%
of a real estate or inspector elective CE courses provided that
(A)the CE provider is:
(i)an accredited college or university;
(ii)a professional trade association that is approved
by the Commission as a CE provider under §535.71 of this subchapter;
(iii)an entity exempt under §535.71 of this subchapter;
(B)the course is supervised and coordinated by a Commission
approved CE instructor who is responsible for verifying the attendance
of all who request CE credit.
(c)CE course examinations. Examinations are only required
for CE courses offered through distance education delivery and must
comply with the requirements in §535.72(h)(1)(B) of this subchapter
and have a minimum of four questions per course credit hour.
(d)Course completion roster. Instead of providing
a course completion certificate, upon completion of a course, a CE
provider shall submit a class roster to the Commission as outlined
by this subsection.
(A)A provider shall submit to the Commission a class
roster in a format approved by the Commission not later than the 10th
day after the date a course is completed.
(B)A course completion roster shall include:
(i)the provider's name and license;
(ii)a list of all instructors whose services were
used in the course;
(iii)the course title;
(v)the number of classroom credit hours;
(vi)the date of issuance;
(vii)the dates the student registered for, began and
completed the course; and
(viii)the signature of an authorized representative
of the provider who was in attendance and for whom an authorized signature
is on file with the Commission.
(C)The Commission shall not accept signature stamps
or unsigned course completion rosters.
(2)Distance Education delivery method. A provider
shall maintain a Distance Education Reporting form and submit information
contained in that form by electronic means acceptable to the Commission,
for each student completing the course not earlier than the number
of hours for course credit after the student starts the course and
not later than the 10th day after the student completed the course.
(3)A provider may withhold any official completion
documentation required by this subsection from a student until the
student has fulfilled all financial obligations to the provider.
(4)A provider shall maintain adequate security against
forgery for official completion documentation required by this subsection.
(e)Maintenance of records. Maintenance of CE provider's
records is governed by this subsection.
(1)A CE provider shall maintain records of each student
enrolled in a course for a minimum of four years following completion
of the course, including course and instructor evaluations and student
(2)All records may be maintained electronically but
must be in a common format that is legibly and easily printed or viewed
without additional manipulation or special software.
(3)A CE provider shall maintain any comments made
by the provider's management relevant to instructor or course evaluations
with the provider's records.
(4)Upon request, a CE provider shall produce instructor
and course evaluation forms for inspection by Commission staff.
(f)Changes in Ownership or Operation of an approved
CE Provider. Changes in ownership or operation of an approved CE provider
are governed by this subsection.
(1)An approved provider shall obtain the approval
of the Commission at least 30 days in advance of any material change
in the operation of the provider, including but not limited to changes
(C)the location of main office and any other locations
where courses are offered.
(2)An approved provider requesting approval of a change
in ownership shall provide a Principal Information Form for each proposed
new owner who would hold at least a 10% interest in the provider to
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
Filed with the Office
of the Secretary of State on November 19, 2018
Texas Real Estate Commission
Effective date: December 9, 2018
Proposal publication date: August 31, 2018
For further information, please call: (512) 936-3092