Texas Register

RULE §535.63Qualifications for [Approval of] Instructors of Qualifying Courses
ISSUE 05/24/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A provider must ensure that an instructor who teaches [Application for approval.]

  [(1)A person desiring to be approved by the Commission to teach] real estate or real estate inspection qualifying courses is competent[shall:]

     [(A)file an application on the appropriate form approved by the Commission; and]

     [(B)submit the required fee required by §535.101 or §535.210 of this title.]

   [(2)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.]

[(b) Standards for instructor approval. To be approved as an instructor by the Commission to teach real estate or real estate inspection qualifying courses, the applicant must meet the following standards:]

  [(1)The applicant must satisfy the Commission as to:]

     [(A)the applicant's honesty, trustworthiness, and integrity; and]

    [(B)the person's competency] in the subject matter to be taught and has the ability to teach effectively.

(b)[(2)] Except as provided by subsection (c) of this section [paragraph (3) of this subsection], the provider [applicant] must use an instructor who possesses [possess] the following qualifications:

  (1)[(A)] a college degree in the subject area to be taught and three years of experience in teaching or training;

  (2)[(B)] five years of active experience as a license holder (broker for Real Estate Brokerage and Broker Responsibility courses) and three years of experience in teaching or training; or

  (3)[(C)] the equivalent of subsection (b)(1) or (2) [paragraph (2)(A) or (B)] of this section [subsection] as determined by the provider [ Commission] after consideration of the instructor's [ applicant's] professional experience, research, authorship, or other significant endeavors in real estate or real estate inspection .[; and]

     [(D)provide a completion certificate from an in-person classroom adult education instructor training course of at least 8 hours that is acceptable to the Commission and dated within four years of the date of application.]

(c) For [(3) To be approved as an instructor of] Texas Standards of Practice, Standards of Practice Review, or Inspector Legal and Ethics, the provider must use [or as an instructor of a ride along inspection course as defined in §535.218 of this title,] an instructor who has [applicant must have] five years of active licensure as a Texas professional inspector, and has [have]:

  (1)[(A)] performed a minimum of 200 real estate inspections as a Texas professional inspector; or

  (2)[(B)] three years of experience in teaching and/or sponsoring trainees or inspectors.

   [(4)To be approved as an instructor of a Commission approved adult education instructor training course, an applicant must satisfy the Commission that the applicant:

    [(A)is currently approved to teach an adult education certification course accepted by the Commission for credit under paragraph (2)(D) of this subsection, such as CREI or ITI;]

    [(B)has a college degree in adult education from an accredited college or university and two years of recent experience training adult educators; or]

    [(C)the equivalent of paragraph (4)(A) or (B) of this subsection as determined by the Commission after consideration of the applicant's professional experience, references, research, authorship, or other significant endeavors in training adult educators.]

[(c)Approval notice. An applicant shall not act as or represent that the applicant is an approved instructor until the applicant has received written notice of the approval from the Commission to teach specified courses.]

[(d)Period of approval. The approval of an instructor is valid for two years.]

[(e)Disapproval of an application.]

  [(1)If the Commission determines that an applicant does not meet the standards for approval, the Commission shall disapprove the application and provide written notice of the disapproval to the applicant.]

  [(2)The disapproval notice, applicant's request for a hearing on the disapproval, and any hearing are governed by the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Chapter 533 of this title (relating to Practice and Procedure). Venue for any hearing conducted under this section shall be in Travis County.]

[(f)Subsequent approval.]

  [(1)Not earlier than 90 days before the expiration of its current approval, an approved instructor may apply for subsequent approval for another two year period.]

  [(2)Approval or disapproval of a subsequent approval shall be subject to the standards for initial applications set out in this section.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 8, 2019


Chelsea Buchholtz

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: June 23, 2019

For further information, please call: (512) 936-3177

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