Texas Register

RULE §535.72Approval of Non-elective Continuing Education Courses
ISSUE 02/28/2020
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (e)(No change.)

(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 Education Providers).

  [(2)][Distance Education Delivery.]

    [(A)]Non-elective real estate courses are designed by the Commission for interactive classroom delivery. Acceptable demonstration of methods [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 approval.

     [(B)The provider must submit a course completion roster in accordance with §535.75(d) of this subchapter]

(g)Course examinations.

  [(1)]A provider must administer a final examination promulgated by the Commission for non-elective CE courses . [as follows:]

    [(A)]The [For classroom delivery, the] examination will be included in course [ given as a part of class] instruction time. [with] Each [each] student will complete [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]

      [(iv)kept confidential.]

   [(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 examination.]

  [(3)A student who fails the subsequent final course examination is required to retake the course and the final course examination.]

(h)[(i)] Approval of currently approved courses by a secondary provider.

  (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; and

    (C)pay the fee required by §535.101 (relating to Fees) or §535.210 of this title (relating to Fees).

  (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.

(i)[(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.

(j)[(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 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 February 13, 2020


Chelsea Buchholtz

Executive Director

Texas Real Estate Commission

Earliest possible date of adoption: March 29, 2020

For further information, please call: (512) 936-3284

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