Texas Register

RULE §535.43Education Standards Advisory Committee
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Commission establishes an Education Standards Advisory Committee to regularly review and revise curriculum standards, course content requirements and instructor qualifications for qualifying and continuing education courses.

(b)The committee consists of 12 members appointed by the Commission as follows:

  (1)Seven members who are license holders and who have been engaged in the practice of real estate for at least five years before the member's appointment and who are actively engaged in that practice;

  (2)Four education members who are real estate instructors or owners of real estate schools, accredited by the Commission, that provide qualifying or continuing education;

  (3)One member who represents the public.

(c)The Commission may appoint a non-voting member from the Commission.

(d)Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(e)Members of the committee serve staggered two-year terms. The terms of the committee members expire as follows:

  (1)on December 31 of each even-numbered year, the terms of four license holder members and two education members expire; and

  (2)on December 31 of each odd-numbered year, the terms of three license holder members, two education members, and the public member expire.

(f)A member may serve up to three consecutive terms on the committee, and may be reappointed after a break in service of at least two years. A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.

(g)At a regular meeting in January of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.

(h)The Commission may remove a committee member if the member:

  (1)does not have the qualifications required by subsection (b)(1) of this section;

  (2)cannot discharge the member's duties for a substantial part of the member's term;

  (3)is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or

  (4)violates Chapter 1101 or Chapter 1102.

(i)If the Executive Director [executive director] of the Commission has knowledge that a potential ground for removal exists, the Executive Director [executive director] shall notify the presiding officer of the Commission that the potential ground exists.

(j)The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(k)The committee may meet at the call of a majority of its members. The committee shall meet at the call of the Commission.

(l)A quorum of the committee consists of seven members.

(m)The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.

(n)The secretary of the committee shall work with Commission staff to prepare written minutes of each meeting and submit the minutes to the committee for approval and for filing with the Commission.

(o)At least twice a year, the Committee Chair shall report on the activities of the Committee to the Commission. The Committee may submit its written recommendations concerning the requirements or qualifications, as applicable, for real estate education providers, instructors, and courses to the Commission at any time the Committee deems appropriate. If the Commission submits a rule to the Committee for development, the chair [chairman] of the Committee or the chair’s [chairman's] designate shall report to the Commission after each meeting at which the proposed rule is discussed on the Committee's consideration of the rule.

(p)The committee is automatically abolished on September 1, 2031 unless the Commission subsequently establishes a different date.

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 15, 2023


Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2023

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

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