Texas Register

RULE §535.75Responsibilities and Operations of Continuing Education Providers
ISSUE 12/07/2018
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Except as provided by this Section, CE providers must comply with the responsibilities and operations requirements of §535.65 of this title.

(b)Use of approved Instructor. The use of approved CE instructor is governed by this subsection.

  (1)Except as provided by this subsection, a CE provider must use an instructor that:

    (A)is currently approved by the Commission; and

    (B)has expertise in the subject area of instruction and ability as an instructor;

  (2)A CE instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval form;

  (3)A CE provider may use the services of a guest instructor who is not approved as a CE instructor by the Commission for real estate or inspector elective CE courses provided that:

    (A)that guest instructor instructs for no more than a total of 50% of the course; and

    (B)a commission approved CE instructor remains in the classroom during the guest instructor's presentation.

  (4)A CE provider may use the services of a guest instructor who is not approved as a CE instructor by the Commission for 100% of a real estate or inspector elective CE courses provided that

    (A)the CE provider is:

      (i)an accredited college or university;

      (ii)a professional trade association that is approved by the Commission as a CE provider under §535.71 of this subchapter; or

      (iii)an entity exempt under §535.71 of this subchapter; and

    (B)the course is supervised and coordinated by a Commission approved CE instructor who is responsible for verifying the attendance of all who request CE credit.

(c)CE course examinations. Examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in §535.72(h)(1)(B) of this subchapter and have a minimum of four questions per course credit hour.

(d)Course completion roster. Instead of providing a course completion certificate, upon completion of a course, a CE provider shall submit a class roster to the Commission as outlined by this subsection.


    (A)A provider shall submit to the Commission a class roster in a format approved by the Commission not later than the 10th day after the date a course is completed.

    (B)A course completion roster shall include:

      (i)the provider's name and license;

      (ii)a list of all instructors whose services were used in the course;

      (iii)the course title;

      (iv)course numbers;

      (v)the number of classroom credit hours;

      (vi)the date of issuance;

      (vii)the dates the student registered for, began and completed the course; and

      (viii)the signature of an authorized representative of the provider who was in attendance and for whom an authorized signature is on file with the Commission.

    (C)The Commission shall not accept signature stamps or unsigned course completion rosters.

  (2)Distance Education delivery method. A provider shall maintain a Distance Education Reporting form and submit information contained in that form by electronic means acceptable to the Commission, for each student completing the course not earlier than the number of hours for course credit after the student starts the course and not later than the 10th day after the student completed the course.

  (3)A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.

  (4)A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.

(e)Maintenance of records. Maintenance of CE provider's records is governed by this subsection.

  (1)A CE provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

  (2)All records may be maintained electronically but must be in a common format that is legibly and easily printed or viewed without additional manipulation or special software.

  (3)A CE provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

  (4)Upon request, a CE provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(f)Changes in Ownership or Operation of an approved CE Provider. Changes in ownership or operation of an approved CE provider are governed by this subsection.

  (1)An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:


    (B)management; and

    (C)the location of main office and any other locations where courses are offered.

  (2)An approved provider requesting approval of a change in ownership shall provide a Principal Information Form for each proposed new owner who would hold at least a 10% interest in the provider to the Commission.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 19, 2018


Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: December 9, 2018

Proposal publication date: August 31, 2018

For further information, please call: (512) 936-3092

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