(a) - (j)(No change.)
(1)A provider may not enroll a student in a course
during the 60-day period immediately before the expiration of the
provider's current approval unless the provider has submitted an application
for renewal [ subsequent approval] for another
four year period not later than the 60th day before the date of expiration
of its current approval.
(2)Approval or disapproval of a renewal [
subsequent application] shall be subject to:
(A)the standards for initial applications for approval
set out in this section; and
(B)whether the approved provider has met or exceeded
the exam passage rate benchmark established by the Commission under
subsection (l) of this section.
(3)The Commission will not require a financial review
for renewal [ subsequent approval] if the applicant
has provided a statutory bond or other security acceptable to the
Commission under §1101.302 of the Act, and there are no unsatisfied
final money judgments against the applicant.
(4)The Commission may deny an application
for renewal if the provider is in violation of a Commission order.
(l)Exam passage rates and benchmark.
(1)The exam passage rate for an approved provider
(A)calculated for each license category for which
the provider offers courses; and
(B)displayed on the Commission website by license
(2)A student is affiliated with a provider under this
subsection if the student took the majority of his or her qualifying
education with the provider in the two year period prior to taking
the exam for the first time.
(3)The Commission will calculate the exam passage
rate of an approved provider on a monthly basis, rounded to two decimal
places on the final calculated figure, by:
(A)determining the number of students affiliated with
that approved provider who passed the examination on their first attempt
in the two-year period ending on the last day of the previous month;
(B)dividing that number by the total number of students
affiliated with that provider who took the exam for the first time
during that same period.
(4)For purposes of approving a renewal [ subsequent
] application under subsection (j), the established exam passage
rate benchmark for each license category is 80% of the average percentage
of the total examinees for that license category who passed the examination
on the first attempt in the two year period ending on the last day
of the previous month.
(5)If at the time the Commission receives a renewal [
subsequent] application from the provider requesting approval
for another four year term, the provider's exam passage rate does
not meet the established benchmark for a license category the provider
(A)denied approval to continue offering courses for
that license category if the provider's exam passage rate is less
than 50% of the average percentage of the total examinees for that
license category who passed the examination on the first attempt in
the two year period ending on the last day of the previous month;
(B)placed on probation by the Commission if the provider's
exam passage rate is greater than 50% but less than 80% of the average
percentage of the total examinees for that license category who passed
the examination on the first attempt in the two year period ending
on the last day of the previous month.
(6)The exam passage rate of a provider on probation
will be reviewed annually at the time the annual operating fee is
due to determine if the provider can be removed from probation, remain
on probation or have its license revoked, based on the criteria set
out in paragraph (5) of this subsection.
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 September 3, 2019
Texas Real Estate Commission
Earliest possible date of adoption: October 20, 2019
For further information, please call: (512) 936-3177