| (a) General requirements.
(1) The non-elective continuing education courses must
be conducted as prescribed by the rules in this Subchapter.
(2) Elective continuing education course are approved
and regulated under §535.73 of this subchapter.
(b) Application for approval to offer non-elective
real estate CE courses.
(1) A CE provider seeking to offer a specific non-elective
real estate CE course as outlined in this section shall:
(A) submit a Non-Elective CE Course Application Supplement
to the Commission; and
(B) pay the fee required by §535.101 of this title.
(2) A separate application is required for each course
delivery method.
(3) The Commission may:
(A) request additional information be provided to the
Commission relating to an application; and
(B) terminate an application without further notice
if the applicant fails to provide the additional information not later
than the 60th day after the Commission mails the request.
(c) Real estate non-elective CE courses. Every two
years, the Commission shall approve subject matter and course materials
to be used for the following non-elective real estate continuing education
courses as required by the Act:
(1) a three hour legal update course;
(2) a three hour ethics course; and
(3) a six hour broker responsibility course.
(d) Course expiration.
(1) Each legal update and ethics course expires on
December 31 of each odd-numbered year.
(2) Each broker responsibility course expires on December
31 of each even-numbered year.
(3) A CE provider must use a CE instructor who has
received certification to teach the version of the real estate non-elective
CE course being offered.
(e) Application for approval to offer non-elective
inspector CE courses.
(1) A CE provider seeking to offer a specific non-elective
inspector CE course as outlined in this section shall:
(A) submit:
(i) ICE Course Application form and the Standards of
Practice/Legal/Ethics Update Course approval form (PIEAC-SP_LEU-1);
or
(ii) Qualifying Real Estate (or Inspector) Qualifying
Course Application form and the Standards of Practice/Legal/Ethics
Update course approval form (PIEAC-SP_LEU-1); and
(B) pay the fee required by §535.210 of this title.
(2) A separate application is required for each course
delivery method.
(f) Requirements for inspector non-elective CE courses.
(1) A Texas Standards of Practice/Legal/Ethics Update
course shall contain the following topics, the units of which are
outlined the Texas Standards of Practice/Legal/Ethics Update Course
Approval form (PIEAC-SP_LEU-1), adopted herein by reference:
(A) 4 hours of Standards of Practice;
(B) 2 hours of Legal; and
(C) 2 hours of Ethics.
(2) A Texas Standards of Practice/Legal/Ethics Update
course expires two years from the date of approval and providers must
reapply and meet all current requirements of this section to offer
the course for another two years.
(g) Delivery method.
(1) Non-elective CE courses must meet the requirements
of §535.75 of this subchapter and be delivered by one of the
following:
(A) classroom method;
(B) alternative delivery method;
(C) a combination of (A) and (B), if:
(i) at least 50% of the combined course is offered
by classroom method; and
(ii) the portion of the combined course offered through
alternative delivery is taken from a full course that has already
been certified for alternative delivery by a distance learning certification
center acceptable to the Commission;
(D) a correspondence course that is offered by a provider
in association with an accredited college or university if the course
is offered in accordance with the college or university's accreditation
association's curriculum accreditation standards; or
(E) a combination of (A) and (D), if:
(i) at least 50% of the combined course is offered
by classroom method; and
(ii) the combined course is offered by a provider in
association with an accredited college or university in accordance
with the college or university's accreditation association's curriculum
accreditation standards.
(2) Using the name of the provider "in association
with" the name of the college or university on the course completion
certificate constitutes certification to the Commission that the course
was offered in compliance with the college or university's accreditation
association's curriculum accreditation standards.
(3) Non-elective CE courses meet the presentation requirements
of §535.65 of this title; and
(4) Non-elective CE courses meet the examination requirements
of §535.75 of this subchapter.
(h) Approval of currently approved courses by a subsequent
provider.
(1) If a CE provider wants to offer a course currently
approved for another provider, that subsequent provider must:
(A) submit the applicable course approval form(s);
(B) submit written authorization to the Commission
from the provider for whom the course was initially approved granting
permission for the subsequent provider to offer the course; and
(C) pay the fee required by §535.101 or §535.210
of this title.
(2) If approved to offer the currently approved course,
the subsequent provider is required to:
(A) offer the course as originally approved, with any
approved revisions, using all materials required for the course; and
(B) meet the requirements of §535.75 of this subchapter.
(i) Approval notice. A CE Provider shall not offer
non-elective continuing education courses until the provider has received
written notice of the approval from the Commission.
(j) Required revision of a currently approved non-elective
CE course. Providers are responsible for keeping current on changes
to the Act and Commission Rules and must supplement materials for
approved non-elective CE courses to present the current version of
all applicable statutes and rules on or before the effective date
of those statutes or rules.
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