(a)Acceptable core real estate courses are those courses prescribed by [Texas Occupations Code, Chapter 1101 (the Act),] §1101.003 of the Act and the following courses. [and by this section. Acceptable real estate related courses are those courses which have been determined to be acceptable by the commission. The commission will periodically publish lists of acceptable real estate related courses.] (1)Promulgated Contract Forms (or equivalent), which shall include but is not limited to unauthorized practice of law, broker-lawyer committee, current promulgated forms, commission rules governing use of forms and case studies involving use of forms. (2)Residential Inspection for Real Estate Agents (or equivalent), which shall include but is not limited to repair-related contract forms and addenda, inspector and client agreements, inspection standards of practice and standard inspection report form, tools and procedures, electromechanical systems (plumbing, heating, air conditioning, appliances, energy-saving considerations) and structures (lot and landscape, roofs, chimney, gutters, paved areas, walls, windows and doors, insect damage and storage areas). (b)Applicants must submit evidence of course completion, such as transcripts or course completion certificates, unless the provider has provided or will provide course completion documentation to the commission. The commission may require an applicant to furnish supporting materials such as course outlines, syllabi and course descriptions [in support of credit instruments]. The commission may require official transcripts to verify course work. Provided all the requirements of this section are satisfied, the commission shall accept core real estate courses or real estate related courses submitted by an applicant for a [real estate] broker or [real estate] salesperson license if the course was offered by any of the following providers: (1)a school accredited by the commission or by the real estate regulatory agency of another state; (2) - (4)(No change.) (5)Texas [a] professional trade association in the real estate industry. (c)The commission shall grant classroom credit for qualifying courses as follows: [measure classroom hour credits using the following equivalents:] (1)15 hours of classroom credit will be granted for one [One] semester hour[: 15 hours]. (2)10 hours of classroom credit will be granted for one [One] quarter hour[: 10 hours]. (3)10 hours of classroom credit will be granted for one qualifying [One] continuing education unit[ : 10 hours]. (d)A core real estate course [also] must meet each of the following requirements to be accepted for core credit. (1)The course contained the content required by [Texas Occupations Code, Chapter 1101, (the Act),] §1101.003 of the Act[,] or this section. (2)The daily course presentation did not exceed ten hours. (3)The course was of broader applicability than just techniques or procedures utilized by a particular brokerage or organization. (4)The course was not awarded credit by an accredited college or university based on life experience or solely by examination. [(3)With the exception of courses conducted by correspondence or by an alternative delivery method such as by computer, the student was present in the classroom for the hours of credit granted by the course provider, or completed makeup in accordance with the requirements of the provider, or by applicable commission rule] [(4)For a classroom course, successful completion of a final examination or other form of final evaluation was a requirement for receiving credit from the provider.] [(5)For a correspondence course, the course must have been offered by or in association with an accredited college or university, and students receiving credit for the course must pass either:] [(A)a proctored final examination administered under controlled conditions to positively identified students and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or] [(B)an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks course credit.] [(6)If a correspondence course was offered by a proprietary school in association with an accredited college or university, the proprietary school has certified to the commission that the course was offered in accordance with the college or university's curriculum accreditation standards. Using the name of the proprietary school "in association with" the name of the college or university on the course completion certificate or electronic course submission constitutes certification to the commission that the course was offered in compliance with the college or university's curriculum accreditation standards.] [(7)For a course offered by an alternative delivery method, the course met the following requirements.] [(A)The course must be certified by a distance learning certification center that is acceptable by the commission.] [(B)The rationale for the education processes implemented in the course must be based on sound instructional strategies which have been systematically designed and proven effective through educational research and development. The basis and rationale for any proposed instructional approach must be specified in the application for approval. The following types of programs will not be approved:] [(i)those which consist primarily of text material; or] [(ii)those which primarily consist of questions similar to those on the state licensing examination.] [(C)An approved instructor or the provider's coordinator/director shall grade the written course work.] [(D)Every provider offering an approved course under this subsection shall:] [(i)ensured that a qualified person is available to answer students' questions or provide assistance as necessary;] [(ii)satisfy the commission that procedures are in place to ensure that the student who completes the work is the student who is enrolled in the course; and] [(iii)certify students as successfully completing the course only if the student;] [(I)has completed all instructional modules required to demonstrate mastery of the material;] [(II)has attended any hours of live instruction and/or testing required for a given course; and] [(III)has passed either:] [(-a-)a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or] [(-b-)an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks credit.] [(8)The student must not have completed more than one course with substantially the same course content within a three year period.] [(9)The course did not primarily concern techniques or procedures utilized by a particular brokerage or organization.] [(10)For a classroom course, the course was offered in a location conducive to instruction that is separate and apart from the work area, such as a classroom, training room, conference room, or assembly hall.] (e)A classroom course must meet the following additional requirements to be accepted for core credit. (1)The course was offered in a location conducive to instruction that is separate and apart from the work area, such as a classroom, training room, conference room, or assembly hall. (2)The student was present in the classroom for the hours of credit granted by the course provider, or completed makeup in accordance with the requirements of the provider, or by applicable commission rule. (3)Successful completion of a final examination or other form of final assessment of the student was a requirement for receiving credit from the provider. (f)A correspondence course must meet the following additional requirements to be accepted for core credit. (1)The course was offered by or in association with an accredited college or university, and students receiving credit for the course were required to pass either: (A)a proctored final examination administered under controlled conditions to positively identified students and graded by the instructor or, if the examination was graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or (B)an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks course credit. (2)If a correspondence course was offered by a school in association with an accredited college or university, the school has certified to the commission that the course was offered in accordance with the college or university's curriculum accreditation standards. Using the name of the school "in association with" the name of the college or university on the course completion certificate or electronic course submission constitutes certification to the commission that the course was offered in compliance with the college or university's curriculum accreditation standards. (g)A course offered by an alternative delivery method must meet the following additional requirements to be accepted for core credit. (1)The course was certified by a distance learning certification center that is acceptable to the commission. (2)An approved instructor or the provider's coordinator/director graded the written course work; and (3)The provider: (A)ensured that a qualified person was available to answer students' questions or provide assistance as necessary; (B)certified students as successfully completing the course only if the student: (i)completed all instructional modules required to demonstrate mastery of the material; (ii)attended any hours of live instruction and/or testing required for a given course; and (iii)passed either: (I)a proctored final examination administered under controlled conditions to positively identified students, at a location and by an official approved by the commission and graded by the instructor or, if the examination is being graded mechanically or by use of a computer, by the provider, using answer keys approved by the instructor or provider; or (II)an examination by use of a computer under conditions that satisfy the commission that the examinee is the same person who seeks credit. [(e)Course credits awarded by an accredited college or university for life experience or by examination are acceptable only for real estate related courses.] [(f)In addition to the courses of study specified in the Act, §1101.003, the following shall be considered core real estate courses.] [(1)Promulgated Contract Forms (or equivalent) shall include but not be limited to unauthorized practice of law, broker-lawyer committee, current promulgated forms, commission rules governing use of forms and case studies involving use of forms.] [(2)Residential Inspection for Real Estate Agents (or equivalent) shall include but not be limited to repair-related contract forms and addenda, inspector and client agreement, inspection standards of practice and standard inspection report form, tools and procedures, electromechanical systems (plumbing, heating, air conditioning, appliances, energy-saving considerations) and structures (lot and landscape, roofs, chimney, gutters, paved areas, walls, windows and doors, insect damage and storage areas).]
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 September 10, 2010
TRD-201005255 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 24, 2010
For further information, please call: (512) 465-3926
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