(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.
(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:
(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).
(1)Classroom Delivery. The provider must submit a
course completion roster in accordance with §535.75(d) of this
subchapter (relating to Responsibilities and Operations of Continuing
(2)Distance Education Delivery.
(A)Non-elective real estate courses are designed by
the Commission for interactive classroom delivery. Acceptable demonstration
of a method to engage distance education delivery students in interactive
discussions and group activities, as well as additional material to
meet the course objectives and time requirements are required for
(B)The provider must submit a course completion roster
in accordance with §535.75(d) of this subchapter.
(1)A provider must administer a final examination
promulgated by the Commission for non-elective CE courses as follows:
(A)For classroom delivery, 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. There is no minimum passing grade
required to receive credit.
(B)For distance education delivery, the examination
will be given after completion of regular course work and 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;
(iii)graded with a pass rate of 70% in order for a
student to receive credit for the course; and
(2)A provider may not give credit to a student who
fails a final examination and subsequent final examination as provided
for in subsection (h) of this section.
(h)Subsequent final course examination.
(1)If a student fails a final course examination,
a provider may permit the student to take one subsequent final examination.
(2)A student shall complete the subsequent final examination
no later than the 30th day after the date the original class concludes.
The subsequent final examination must be different from the first
(3)A student who fails the subsequent final course
examination is required to retake the course and the final course
(i)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 or §535.210
of this title.
(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.
(j)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.
(k)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.
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 21, 2019
Texas Real Estate
Effective date: December 11, 2019
Proposal publication date: August 30, 2019
For further information, please call: (512) 936-3177