(1)This subsection applies to continuing education
providers seeking to offer an elective CE course approved by the Commission.
(2)Non-elective CE courses are approved and regulated
under §535.72 of this subchapter (related to Approval of Non-elective
Continuing Education Courses).
(b)Application for approval of an elective CE course.
(1)For each continuing education course an applicant
intends to offer, the applicant must:
(A)submit the appropriate CE Course Application form;
(B)pay the fee required by §535.101 (related
to Fees) and §535.210 of this title (related 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)Standards for course approval of elective CE course.
(1)To be approved as an elective CE course by the
Commission, the course must:
(A)cover subject matter appropriate for a continuing
education course for real estate or real estate inspection license
(B)be current and accurate; and
(C)be at least one hour long with daily presentations
no more than 10 hours long.
(2)A provider must demonstrate that a course meets
the requirements under paragraph (1) of this subsection by submitting
a statement describing the objective of the course and the relevance
of the subject matter to activities for which a real estate or inspector
license is required, including but not limited to relevant issues
in the real estate market or topics which increase or support the
license holder's development of skill and competence.
(3)The course must be presented in full hourly units.
(4)The course must be delivered by one of the following
(B)distance education delivery; or
(C)a combination of (A) and (B), if at least 50% of
the combined course is offered by classroom delivery.
(d)Approval notice. A CE provider shall not offer
elective continuing education courses until the provider has received
written notice of the approval from the Commission.
(e)Renewal of elective CE course approval.
(1)An elective CE course expires two years from the
date of approval.
(2)Not earlier than 90 days before the expiration
of a course approval, a provider may apply for a renewal of course
approval for another two-year period.
(3)Approval of an application to renew an elective
CE course approval shall be subject to the standards for initial approval
set out in this section.
(4)The Commission may deny an application to renew
an elective CE course approval if the provider is in violation of
a Commission order.
(f)Approval of currently approved courses by a subsequent
(1)If a CE provider wants to offer a course currently
approved for another provider, that subsequent provider must:
(A)submit the applicable course approval form(s);
(B)submit written authorization to the Commission
from the owner of the rights to the course material granting permission
for the subsequent provider to offer the course; and
(C)pay the fee required by §535.101 or §535.210
of this title.
(2)If approved to offer the currently approved course,
the subsequent provider is required to:
(A)offer the course as originally approved, with any
approved revisions, using all materials required for the course; and
(B)meet the requirements of §535.75 of this subchapter
(relating to Responsibilities and Operations of Continuing Education
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