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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER GMANDATORY CONTINUING EDUCATION
RULE §535.75Education Standards Advisory Committee
Repealed Date:01/01/2015

(a) The function of the Education Standards Advisory Committee (the committee) is to regularly review and revise curriculum standards, course content requirements and instructor certification requirements for core and MCE courses.

(b) The committee consists of 12 members appointed by the commission as follows:

  (1) Seven members 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 members who are real estate instructors or owners of real estate schools accredited by the commission that provide core 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 two-year terms, expiring on December 31 of each even-numbered year. 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.

(f) At a regular meeting in January of each odd-numbered year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.

(g) 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.

(h) If the administrator of the commission has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the commission that the potential ground exists.

(i) 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.

(j) The committee may meet at the call of a majority of its members. The committee shall meet at the call of the commission.

(k) A quorum of the committee consists of seven members.

(l) The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.

(m) The secretary of the committee, or in the secretary's absence, a member designated by the chairman, shall prepare written minutes of each meeting and submit the minutes to the committee for approval and for filing with the commission.

(n) The committee shall submit semiannual reports to the commission on or before March 1 and September 1 of each year detailing the performance of the committee. The commission may require the report to be submitted on a form approved by the commission for that purpose. The committee may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the commission at any time the committee deems appropriate. If the commission submits a rule to the committee for development, the chairman of the committee or the chairman'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.

(o) The committee is automatically abolished on September 1, 2020 unless the commission subsequently establishes a different date.


Source Note: The provisions of this §535.75 adopted to be effective March 21, 2012, 37 TexReg 1907; amended to be effective November 29, 2012, 37 TexReg 9365; amended to be effective May 30, 2013, 38 TexReg 3346

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