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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER ILICENSES
RULE §535.92Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements

(a) A renewal application is timely filed if it is received by the commission or postmarked on or before the expiration date of the license. If the license expires on a Saturday, Sunday or other day on which the headquarters office of the commission is not open for business, the renewal application is timely filed if the application is received or postmarked no later than the first business day after the expiration date of the license.

(b) If an application is filed within one year after the expiration of an existing license, the commission may issue the new license prior to completing the investigation of any complaint pending against the applicant or of any matter revealed by the application. The commission may thereafter initiate an action to suspend or revoke the license after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001.

(c) The commission shall advise each licensee of the time period for filing a renewal application and paying the renewal fee by mailing an appropriate notice to the licensee as prescribed by §535.91 of this subchapter (relating to Renewal Notices). If the licensee is subject to MCE requirements, the notice must also contain the number of MCE hours for which the licensee has been given credit and the number of additional MCE hours required for renewal of the license. The commission shall have no obligation to so notify an inactive licensee who has failed to furnish the commission with the person's mailing address and email address or a corporation, limited liability company or partnership that has failed to designate an officer, manager or partner who meets the requirements of the Act.

(d) A licensee shall renew an unexpired license by accessing the commission's Internet website, entering the required information on the renewal application form, satisfying applicable education requirements and paying the appropriate fee in accordance with the instructions provided at the website by the commission.

(e) In order to maintain a license, a salesperson subject to annual education requirements shall furnish documentation to the commission of successful completion of appropriate courses no later than 10 business days prior to the day the salesperson files an application with the commission to renew the salesperson's license.

(f) The commission may not renew a license issued to a business entity unless the business entity has designated an officer, manager or partner who meets the requirements of the Act, including satisfaction of MCE requirements. No person may act as designated officer, manager or partner if the person has failed to meet MCE requirements. For the purpose of this section, MCE requirements for the designated officer, manager or partner must be satisfied during the term of any individual broker license held by the officer, manager or partner. A designated partner who is not licensed individually as a broker must complete MCE required for a two-year license within the term of the partnership's license in order to renew the license of the partnership. If the individual real estate broker license of a designated partner expires, the partnership may only renew its license if the designated partner has satisfied MCE requirements that would have been imposed if the license of the designated partner had not expired.

(g) Notwithstanding any provisions of the Act to the contrary, when a licensee in an active status files a timely application to renew a current license and has satisfied all requirements other than the completion of applicable MCE requirements, the commission shall renew the current license in an active status.

  (1) If the licensee has not completed MCE requirements prior to the expiration of the current license, the licensee must, within 60 days after the effective date of the new license, pay an additional MCE deferral fee of $200 AND complete the required number of MCE hours.

  (2) If, within 15 days after the end of the 60 day period set out in paragraph (1) of this subsection, the commission has not been provided with evidence that the licensee has completed the required number of MCE hours and paid the MCE deferral fee of $200, the renewed license shall be placed on inactive status.

  (3) In order to reactivate a license placed on inactive status under this subsection, the licensee must:

    (A) provide the commission with evidence that the licensee has completed the required MCE hours;

    (B) certify, on a form acceptable to the commission, that the licensee has not engaged in activity requiring a license at any time after the license became inactive;

    (C) complete and submit a Request to Return to Active Status Form if a broker or a Salesperson Sponsorship Form if a salesperson and pay the appropriate fee;

    (D) if the license was placed on inactive status because the licensee failed to timely pay the $200 MCE deferral fee required by paragraph (1) of this subsection, the licensee must, because the licensee received the benefits of the 60-day deferral, pay the $200 MCE deferral fee; and

    (E) pay a late reporting fee of $250.

  (4) For the purpose of this section, a renewed license is effective the day following the expiration of the current license. MCE courses completed after expiration of the current license under this provision may not be applied to the following renewal of the license.

(h) Credit will not be given for attendance of the same course more than once during the term of the current license or during the two-year period preceding the filing of an application for late renewal or return to active status. Each licensee attending all sessions of a course shall sign the course completion roster, and provide the information required for each licensee on the form. A real estate licensee may receive partial credit for partial attendance at an MCE elective credit course if the provider permits partial credit and the provider and student verify attendance on the Individual MCE Partial Credit Request Form. A false statement to the commission concerning attendance at an MCE course will be deemed a violation of the Act and of this section.

(i) A course taken by a Texas licensee to satisfy continuing education requirements of another state may be approved on an individual basis for MCE elective credit in this state upon the commission's determination that:

  (1) the Texas licensee held an active real estate license in the other state at the time the course was taken;

  (2) the course was approved for continuing education credit for a real estate license by the other state and, if a correspondence course, was offered by an accredited college or university;

  (3) the Texas licensee's successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof as is satisfactory to the commission;

  (4) the subject matter of the course was predominately devoted to a subject acceptable for MCE credit in this state; and

  (5) the Texas licensee has filed a Credit Request for an Out of State Course Credit Request, with the commission.

(j) To request MCE elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a licensee shall file an Individual MCE Credit Request for State Bar Course.

(k) Real estate licensees may receive MCE elective credit for core real estate courses or core real estate inspection courses that have been approved by TREC or that are accepted by TREC for satisfying educational requirements for obtaining or renewing a license. Core real estate courses must be at least 30 classroom hours in length to be accepted for MCE elective credit.

(l) A course taken by a licensee to obtain any of the following professional designations, or any other real estate related professional designation course deemed worthy by the commission, may be approved on an individual basis for MCE elective credit if the licensee files for credit for the course using Individual MCE Elective Credit Request for Professional Designation Course and provides the Commission with a copy of the course completion certificate.

  (1) ABR--Accredited Buyer Representative

  (2) CRE--Counselor in Real Estate

  (3) CPM--Certified Property Manager

  (4) CCIM--Certified Commercial-Investment Member

  (5) CRB--Certified Residential Broker

  (6) CRS--Certified Residential Specialist

  (7) GRI--Graduate, Realtor Institute

  (8) IREM--Institute of Real Estate Management

  (9) SIOR--Society of Industrial and Office Realtors

(m) A member of the Texas Legislature who is a licensee need only take three (3) hours in legal ethics to the satisfy the legal mandatory continuing education requirements. To obtain an exemption, the licensee must be a current member of the Legislature.


Source Note: The provisions of this §535.92 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 4001; amended to be effective July 20, 1981, 6 TexReg 2291; amended to be effective October 13, 1982, 7 TexReg 3633; amended to be effective April 7, 1983, 8 TexReg 999; amended to be effective March 17, 1989, 14 TexReg 1080; amended to be effective June 1, 1990, 15 TexReg 876; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective June 18, 1991, 16 TexReg 3080; amended to be effective January 1, 1992, 16 TexReg 7489; amended to be effective April 8, 1993, 18TexReg 1940; amended to be effective November 23, 1993, 18 TexReg 8198; amended to be effective May 27, 1998, 23 TexReg 5435; amended to be effective October 5, 1998, 23 TexReg 9981; amended to be effective March 1, 1999, 24 TexReg 558; amended to be effective September 1, 2000, 25 TexReg 6507; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective September 1, 2004, 29 TexReg 8293; amended to be effective July 1, 2006, 31 TexReg 4197; amended to be effective December 30, 2007, 32 TexReg 9994; amended to be effective June 1, 2008, 33 TexReg 4152; amended to be effective January 1, 2011, 35 TexReg 11689

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