| (a) Acceptable core real estate courses are those courses prescribed by Texas Occupations Code, Chapter 1101 (the Act), §1101.003 and by this section. Acceptable real estate related courses are those courses which have been determined to be acceptable by the commission. The commission will periodically publish lists of acceptable real estate related courses. (b) The commission may require an applicant to furnish materials such as course outlines, syllabi and course descriptions in support of credit instruments. The commission may require official transcripts to verify course work. Provided all the requirements of this section are satisfied, the commission shall accept core real estate courses or real estate related courses submitted by an applicant for a real estate broker or real estate salesperson license if the course was offered by any of the following providers: (1) a school accredited by the commission or the real estate regulatory agency of another state; (2) a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, or by a recognized national or international accrediting body; (3) a post-secondary educational institution established by any state; (4) the United States Armed Forces Institute or other service-related school; or (5) a professional trade association. (c) The commission shall measure classroom hour credits using the following equivalents: (1) One semester hour: 15 hours. (2) One quarter hour: 10 hours. (3) One continuing education unit: 10 hours. (d) A core real estate course also must meet each of the following requirements to be accepted. (1) The course contained the content required by Texas Occupations Code, Chapter 1101, (the Act), §1101.003, or this section. (2) The daily course presentation did not exceed ten hours. (3) With the exception of courses conducted by correspondence or by an alternative delivery method such as by computer, the student was present in the classroom for the hours of credit granted by the course provider, or completed makeup in accordance with the requirements of the provider, or by applicable commission rule. (4) For a classroom course, successful completion of a final examination or other form of final evaluation was a requirement for receiving credit from the provider. (5) For a correspondence course, the course must have been offered by an accredited college or university, and students receiving credit for the course must pass either: (A) a proctored final examination administered under controlled conditions to positively identified students and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or (B) an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks course credit. (6) For a course offered by an alternative delivery method, the course met the following requirements. (A) The course must be certified by a distance learning certification center that is acceptable by the commission. (B) The rationale for the education processes implemented in the course must be based on sound instructional strategies which have been systematically designed and proven effective through educational research and development. The basis and rationale for any proposed instructional approach must be specified in the application for approval. The following types of programs will not be approved: (i) those which consist primarily of text material; or (ii) those which primarily consist of questions similar to those on the state licensing examination. (C) An approved instructor or the provider's coordinator/director shall grade the written course work. (D) Every provider offering an approved course under this subsection shall: (i) ensure that a qualified person is available to answer students' questions or provide assistance as necessary; (ii) satisfy the commission that procedures are in place to ensure that the student who completes the work is the student who is enrolled in the course; and (iii) certify students as successfully completing the course only if the student; (I) has completed all instructional modules required to demonstrate mastery of the material; (II) has attended any hours of live instruction and/or testing required for a given course; and (III) has passed either: (-a-) a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or (-b-) an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks credit. (7) The student must not have completed more than one course with substantially the same course content within a three year period. (8) The course did not primarily concern techniques or procedures utilized by a particular brokerage or organization. (9) For a classroom course, the course was offered in a location conducive to instruction that is separate and apart from the work area, such as a classroom, training room, conference room, or assembly hall. (e) Course credits awarded by an accredited college or university for life experience or by examination are acceptable only for real estate related courses. (f) In addition to the courses of study specified in the Act, §1101.003, the following shall be considered core real estate courses. (1) Promulgated Contract Forms (or equivalent) shall include but not be limited to unauthorized practice of law, broker-lawyer committee, current promulgated forms, commission rules governing use of forms and case studies involving use of forms. (2) Residential Inspection for Real Estate Agents (or equivalent) shall include but not be limited to repair-related contract forms and addenda, inspector and client agreement, inspection standards of practice and standard inspection report form, tools and procedures, electromechanical systems (plumbing, heating, air conditioning, appliances, energy-saving considerations) and structures (lot and landscape, roofs, chimney, gutters, paved areas, walls, windows and doors, insect damage and storage areas). |
| Source Note: The provisions of this §535.62 adopted to be effective January 31, 2000, 24 TexReg 9282; amended to be effective October 15, 2001, 26 TexReg 8071; amended to be effective January 1, 2004, 28 TexReg 9543; amended to be effective November 9, 2004, 29 TexReg 10267; amended to be effective December 30, 2007, 32 TexReg 9990 |
