(a) - (c)(No change.) (d)An applicant may obtain credit for completing an approved 30 hour Law of Agency core course described by this subsection. Law of Agency shall contain the following subtopics, the units of which are outlined in the LOA 1-0, Core Real Estate Course Approval Form, Law of Agency adopted by reference in §535.64(h) of this title (relating to Obtaining Approval to Offer a Course). (1)Agency Concepts - 130 minutes; (2)Basic Agency Relationships, Disclosure & Duties to Client - 125 minutes; (3)Duties and Disclosures to Third Parties - 125 minutes; (4)Seller Agency - 120 minutes; (5)Buyer Agency - 150 minutes; (6)Representing More than one Party in a Transaction: Intermediary Brokerage - 165 minutes; (7)Creation and Termination of Agency - 85 minutes; (8)Clarifying Agency Relationships - 45 minutes; (9)Employment Issues - 120 minutes; (10)Agency, Ethics and the Law - 155 minutes; (11)Deceptive Trade Practices and Consumer Protection Act - 140 minutes; and (12)Implementation and Presentation - 140 minutes. (e)[(d)] The commission shall grant classroom credit for qualifying courses as follows. (1)15 hours of classroom credit will be granted for one semester hour. (2)10 hours of classroom credit will be granted for one quarter hour. (3)10 hours of classroom credit will be granted for one qualifying continuing education unit. (f)[(e)] A core real estate course must meet each of the following requirements to be accepted for core credit. (1)The course contained the content required by §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. (g)[(f)] 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. (h)[(g)] 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 and eligible for academic credit. 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 and eligible for academic credit. (i)[(h)] 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. (j)[(i)] After twelve months, or fifteen months for alternative delivery courses, from the effective date of a commission action dividing a core course curriculum into subtopics, a core real estate course, including an advanced or tiered course, which was previously approved by the commission may not be accepted for core course credit unless the course has been revised to meet the new requirements. (k)[(j)] A previously approved core course that is not revised to meet the new curriculum requirements may nevertheless be accepted for elective core credit provided it does not violate §535.54(c) of this title (relating to General Provisions Regarding Education and Experience Requirements for a License).
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 6, 2013
TRD-201303743 Kerri Lewis
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 20, 2013
For further information, please call: (512) 936-3092
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