|(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 courses are approved
and regulated under §535.73 of this subchapter (relating to Approval
of Elective Continuing Education Courses).
(b) Application for approval to offer non-elective
real estate or inspector CE courses.
(1) A CE provider seeking to offer a specific non-elective
real estate or inspector CE course as outlined in this section shall:
(A) for a non-elective real estate course:
(i) submit a Real Estate Non-Elective Continuing Education
CE Course Application to the Commission; and
(ii) pay the fee required by §535.101 of this
title (relating to Fees); and
(B) for a non-elective real estate inspection course:
(i) submit an Inspector Non-Elective Continuing Education
CE Course Application to the Commission; and
(ii) pay the fee required by §535.210 of this
title (relating to Fees).
(2) A provider may file a single application for a
CE course offered through multiple delivery methods. A fee is required
for content review of each CE course and for each distinct delivery
method utilized by a provider for that course.
(3) A provider who seeks approval of a new delivery
method for a currently approved CE course must submit a new application,
and pay all required fees, including a fee for content review.
(4) 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) Commission approval of non-elective course materials.
Every two years, the Commission shall approve subject matter and course
materials to be used for the following non-elective continuing education
(1) a four-hour Legal Update I: Laws, Rules and Forms
(2) a four-hour Legal Update II: Agency, Ethics and
Hot Topics course;
(3) a six-hour Broker Responsibility course; and
(4) a four-hour Inspector Legal and Ethics course.
(d) Course expiration.
(1) Each legal update 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) Each Inspector Legal and Ethics course expires
on August 31 of each odd-numbered year.
(e) Delivery method. Non-elective CE courses must be
delivered by one of the following delivery methods:
(1) classroom delivery;
(2) distance education delivery; or
(3) a combination of (1) and (2) of this subsection
if at least 50% of the combined course is offered by classroom delivery.
(f) Except as provided in this section, non-elective
CE courses must meet the presentation requirements of §535.65(g)
of this title (relating to Responsibilities and Operations of Providers
of Qualifying Courses). The provider must submit a course completion
roster in accordance with §535.75(d) of this subchapter (relating
to Responsibilities and Operations of Continuing Education Providers).
Non-elective real estate courses are designed by the Commission for
interactive classroom delivery. Acceptable demonstration of methods
to engage students in interactive discussions and activities to meet
the course objectives and time requirements are required for approval.
(g) Course examinations. A provider must administer
a final examination promulgated by the Commission for non-elective
(1) Real estate non-elective CE courses. The examination
will be included in course instruction time. Each student will complete
the examination independently followed by a review of the correct
answers by the instructor. There is no minimum passing grade required
to receive credit.
(2) Inspector non-elective CE courses for classroom
(A) The examination will be given as a part of class
instruction time with each student answering the examination questions
independently followed by a review of the correct answers by the instructor.
(B) A student is not required to receive a passing
grade on the examination to receive course credit.
(3) Inspector non-elective CE courses for distance
(A) An examination is required after completion of
regular course work.
(B) The examination must be:
(i) proctored by a member of the provider faculty or
staff, or third party proctor set out in §535.65(h)(5) of this
title, who is present at the test site and has positively identified
that the student taking the examination is the student who registered
for and took the course; or
(ii) administered using a computer under conditions
that satisfy the Commission that the student taking the examination
is the student who registered for and took the course; and
(iii) kept confidential.
(C) A provider may permit a student to take one subsequent
final examination if the student fails the initial final examination.
The subsequent final examination must be:
(i) different from the initial final examination; and
(ii) completed no later than the 30th day after the
date the original course concludes.
(D) Credit will not be awarded to a student for a course
where the student receives a pass rate on a final examination or subsequent
final exam below 70%.
(E) A student who fails the subsequent final course
examination is required to retake the course and the final course
(h) Approval of currently approved courses by a secondary
(1) If a CE provider wants to offer a course currently
approved for another provider, that secondary provider must:
(A) submit the CE course application supplement form(s);
(B) submit written authorization to the Commission
from the author or provider for whom the course was initially approved
granting permission for the subsequent provider to offer the course;
(C) pay the fee required by §535.101 (relating
to Fees) or §535.210 of this title (relating to Fees).
(2) If approved to offer the currently approved course,
the secondary provider is required to:
(A) offer the course as originally approved, assume
the original expiration date, include any approved revisions, use
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.
|Source Note: The provisions of this §535.72 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8237; amended to be effective December 7, 2016, 41 TexReg 9522; amended to be effective May 24, 2017, 42 TexReg 2725; amended to be effective December 9, 2018, 43 TexReg 7904; amended to be effective December 11, 2019, 44 TexReg 7703; amended to be effective June 16, 2020, 45 TexReg 4036