(a) - (b)(No change.) (c)The commission shall advise each licensee of the time period for filing a renewal application and paying the renewal fee by mailing an appropriate notice to the licensee as prescribed by §535.91 of this subchapter (relating [title (Relating] to Renewal Notices). If the licensee is subject to MCE [mandatory continuing education (MCE)] requirements, the notice must also contain the number of MCE hours for which the licensee has been given credit and the number of additional MCE hours required for renewal of the license. The commission shall have no obligation to so notify an inactive licensee who has failed to furnish the commission with the person's [permanent] mailing address and email address or a corporation, limited liability company or partnership that has failed to designate an officer, manager or partner who meets the requirements of the [Real Estate License] Act [(the Act)]. (d)A licensee shall renew an unexpired license by accessing the commission's Internet website [web site], entering the required information on the renewal application form, satisfying applicable education requirements and paying the appropriate fee in accordance with the instructions provided at the website [ site] by the commission. (e)In order to maintain a license, a salesperson subject to annual education requirements shall furnish documentation to the commission of successful completion of appropriate courses no later than 10 business days prior to the day the salesperson files an application with the commission to renew the salesperson's license. (f)[(e)] The commission may not renew a license issued to a business entity [corporation, limited liability company or partnership] unless the business entity [corporation, limited liability company or partnership] has designated an officer, manager or partner who meets the requirements of the Act, including satisfaction of MCE requirements. No person may act as designated officer, manager or partner if the person has failed to meet MCE requirements. For the purpose of this section, MCE requirements for the designated officer, manager or partner must be satisfied during the term of any individual broker license held by the officer, manager or partner. A designated partner who is not licensed individually as a broker must complete MCE required for a two-year license within the term of the partnership's license in order to renew the license of the partnership. If the individual real estate broker license of a designated partner expires, the partnership may only renew its license if the designated partner has satisfied MCE requirements that would have been imposed if the license of the designated partner had not expired. (g)[(f)] Notwithstanding any provisions of the Act to the contrary, when a licensee in an active status files a timely application to renew a current license and has satisfied all requirements other than the completion of applicable MCE requirements, the commission shall renew the current license in an active status. (1)If the licensee has not completed MCE requirements prior to the expiration of the current license, the licensee must, within 60 days after the effective date of the new license, pay an additional MCE deferral fee of $200 AND complete the required number of MCE hours. (2)If, within 15 days after the end of the 60 day period set out in paragraph (1) of this subsection, the commission has not been provided with evidence that the licensee has completed the required number of MCE hours and paid the MCE deferral fee of $200, the renewed license shall be placed on inactive status. (3)In order to reactivate a license placed on inactive status under this subsection, the licensee must: (A)provide the commission with evidence that the licensee has completed the required MCE hours; (B)certify, on a form acceptable to the commission, that the licensee has not engaged in activity requiring a license at any time after the license became inactive; (C)complete and submit a Request to Return to Active Status Form if a broker or a Salesperson Sponsorship Form if a salesperson and pay the appropriate fee; (D)if the license was placed on inactive status because the licensee failed to timely pay the $200 MCE deferral fee required by paragraph (1) of this subsection, the licensee must, because the licensee received the benefits of the 60-day deferral, pay the $200 MCE deferral fee; and (E)pay a late reporting fee of $250. (4)For the purpose of this section, a renewed license is effective the day following the expiration of the current license. MCE courses completed after expiration of the current license under this provision may not be applied to the following renewal of the license. (h)[(g)] Credit will not be given for attendance of the same course more than once during the term of the current license or during the two-year period preceding the filing of an application for late renewal or return to active status. Each licensee attending all sessions of a course shall sign the course completion roster, [MCE Form 8-4] and provide the information required for each licensee on the form. A real estate licensee may receive partial credit for partial attendance at an MCE elective credit course if the provider permits partial credit and the provider and student verify attendance on the [MCE Form 14-0,] Individual MCE Partial Credit Request Form. A false statement to the commission concerning attendance at an MCE course will be deemed a violation of the Act and of this section. (i)[(h)] A course taken by a Texas licensee to satisfy continuing education requirements of another state may be approved on an individual basis for MCE elective credit in this state upon the commission's determination that: (1)the Texas licensee held an active real estate license in the other state at the time the course was taken; (2)the course was approved for continuing education credit for a real estate license by the other state and, if a correspondence course, was offered by an accredited college or university; (3)the Texas licensee's successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof as is satisfactory to the commission; (4)the subject matter of the course was predominately devoted to a subject acceptable for MCE credit in this state; and (5)the Texas licensee has filed a [MCE Form 10-2, MCE] Credit Request for an Out of State Course Credit Request, with the commission. (j)[(i)] To request MCE elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a licensee shall file an [MCE Form 12-2,] Individual MCE Credit Request for State Bar Course. (k)[(j)] Real estate licensees may receive MCE elective credit for core real estate courses or core real estate inspection courses that have been approved by TREC or that are accepted by TREC for satisfying educational requirements for obtaining or renewing a license. Core real estate courses must be at least 30 classroom hours in length to be accepted for MCE elective credit. (l)[(k)] A course taken by a licensee to obtain any of the following professional designations, or any other real estate related professional designation course deemed worthy by the commission, may be approved on an individual basis for MCE elective credit if the licensee files for credit for the course using [MCE Form 15-0] Individual MCE Elective Credit Request for Professional Designation Course and provides the Commission with a copy of the course completion certificate. (1)ABR--Accredited Buyer Representative (2)CRE--Counselor in Real Estate (3)CPM--Certified Property Manager (4)CCIM--Certified Commercial-Investment Member (5)CRB--Certified Residential Broker (6)CRS--Certified Residential Specialist (7)GRI--Graduate, Realtor Institute (8)IREM--Institute of Real Estate Management (9)SIOR--Society of Industrial and Office Realtors (m)[(l)] A [Effective September 1, 2007, a] member of the Texas Legislature who is a licensee need only take three (3) hours in legal ethics to the satisfy the legal mandatory continuing education requirements. To obtain an exemption, the licensee must be a current member of the Legislature. [(m)If a licensee is unable to renew a license on the commission's Internet website, the licensee may renew an unexpired license by obtaining a renewal application form from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 and complying with the requirements of this section and §535.91 of this chapter.]
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 26, 2010
TRD-201005026 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 10, 2010
For further information, please call: (512) 465-3926
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