(a) The Commission establishes an Education Standards
Advisory Committee to regularly review and revise curriculum standards,
course content requirements and instructor qualifications for qualifying
and continuing education courses.
(b) The committee consists of 12 members appointed
by the Commission as follows:
(1) Seven members who are license holders and who have
been engaged in the practice of real estate for at least five years
before the member's appointment and who are actively engaged in that
practice;
(2) Four education members who are real estate instructors
or owners of real estate schools, accredited by the Commission, that
provide qualifying or continuing education;
(3) One member who represents the public.
(c) The Commission may appoint a non-voting member
from the Commission.
(d) Appointments to the committee shall be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(e) Members of the committee serve staggered two-year
terms. The terms of the committee members expire as follows:
(1) on December 31 of each even-numbered year, the
terms of four license holder members and two education members expire;
and
(2) on December 31 of each odd-numbered year, the terms
of three license holder members, two education members, and the public
member expire.
(f) A member may serve up to three consecutive terms
on the committee, and may be reappointed after a break in service
of at least two years. A member whose term has expired holds office
until the member's successor is appointed. If a vacancy occurs during
a member's term, the Commission shall appoint a person to fill the
unexpired term.
(g) At a regular meeting in January of each year, the
committee shall elect from its members a presiding officer, assistant
presiding officer, and secretary.
(h) The Commission may remove a committee member if
the member:
(1) does not have the qualifications required by subsection
(b)(1) of this section;
(2) cannot discharge the member's duties for a substantial
part of the member's term;
(3) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during each calendar year, unless the absence is excused by majority
vote of the committee; or
(4) violates Chapter 1101 or Chapter 1102.
(i) If the Executive Director of the Commission has
knowledge that a potential ground for removal exists, the Executive
Director shall notify the presiding officer of the Commission that
the potential ground exists.
(j) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of
a committee member exists.
(k) The committee may meet at the call of a majority
of its members. The committee shall meet at the call of the Commission.
(l) A quorum of the committee consists of seven members.
(m) The committee shall conduct its meetings in substantial
compliance with Robert's Rules of Order.
(n) The secretary of the committee shall work with
Commission staff to prepare written minutes of each meeting and submit
the minutes to the committee for approval and for filing with the
Commission.
(o) At least twice a year, the Committee Chair shall
report on the activities of the Committee to the Commission. The Committee
may submit its written recommendations concerning the requirements
or qualifications, as applicable, for real estate education providers,
instructors, and courses to the Commission at any time the Committee
deems appropriate. If the Commission submits a rule to the Committee
for development, the chair of the Committee or the chair's designate
shall report to the Commission after each meeting at which the proposed
rule is discussed on the Committee's consideration of the rule.
(p) The committee is automatically abolished on September
1, 2031 unless the Commission subsequently establishes a different
date.
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Source Note: The provisions of this §535.43 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 2, 2019, 44 TexReg 4735; amended to be effective December 2, 2021, 46 TexReg 8059; amended to be effective June 11, 2023, 48 TexReg 2948 |