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(a)Acceptable core real estate courses are those courses prescribed by §1101.003 of the Act and the following 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. 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 broker or 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)a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, or by a recognized national or international accrediting body; (3)a post-secondary educational institution established by any state; (4)the United States Armed Forces Institute or other service-related school; or (5)Texas professional trade association in the real estate industry. (c)An applicant may obtain credit for completing an approved Principles of Real Estate core course described by this subsection consisting of 30 hours in Principles of Real Estate I or 30 hours in Principles of Real Estate II, or a combined 60 hour course consisting of both Principles of Real Estate I and II. (1)Principles of Real Estate I shall contain the following subtopics, the units of which are outlined in the PRINS 1-0, Core Real Estate Course Approval Form, Principles of Real Estate I adopted by reference in §535.64(h) of this title (relating to Obtaining Approval to Offer a Course): (A)Introduction to Modern Real Estate Practice - 200 minutes; (B)Real Property - 60 minutes; (C)Concepts and Responsibilities of Home Ownership - 95 minutes; (D)Real Estate Brokerage and the Law of Agency - 180 minutes; (E)Fair Housing Laws - 150 minutes; (F)Ethics of Practice as a License Holder - 30 minutes; (G)Texas Real Estate License Act - 180 minutes; (H)Legal Descriptions - 100 minutes; (I)Real Estate Contracts - 135 minutes; (J)Interests in Real Estate - 180 minutes; (K)How Home Ownership is Held - 70 minutes; and (L)Listing Agreements - 120 minutes. (2)Principles of Real Estate II shall contain the following subtopics, the units of which are outlined in the PRINS 2-0, Core Real Estate Course Approval Form, Principles of Real Estate II adopted by reference in §535.64(h) of this title: (A)Real Estate Math - 200 minutes; (B)Real Estate Appraisal - 200 minutes; (C)Real Estate Financing Principles - 210 minutes; (D)Control of Land Use - 115 minutes; (E)Specializations - 50 minutes; (F)Real Estate Investments - 110 minutes; (G)Leases - 95 minutes; (H)Property Management - 120 minutes; (I)Estates, Transfers, and Titles - 200 minutes; and (J)Closing Procedures/Closing the Real Estate Transaction - 200 minutes. (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-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 & Consumer Protection Act - 140 minutes; and (12)Implementation and Presentation - 140 minutes. (e)An applicant may obtain credit for completing an approved 30 hour Law of Contracts core course described by this subsection or an approved 30 hour Promulgated Contract Forms core course described by this subsection or an approved combined 60 hour core course consisting of both Law of Contracts and Promulgated Contract Forms described by this subsection. (1)Law of Contracts shall contain the following subtopics, the units of which are outlined in the LOC-0, Core Real Estate Course Approval Form, Law of Contracts adopted by reference in §535.64(h)(3) of this title (relating to Obtaining Approval to Offer a Course). (A)Texas Contract Law - 155 minutes; (B)Basics of Real Estate Law - 115 minutes; (C)Introduction to Contracts - 75 minutes; (D)Ownership Rights and Limitations - 120 minutes; (E)Contracts Used in Real Estate - 275 minutes; (F)The Sales Contract - 135 minutes; (G)Contingencies, Addenda and Amendments - 105 minutes; (H)Financing Real Estate - 235 minutes; (I)Conveyance of Title - 90 minutes; (J)Transaction Process and Closing - 135 minutes; (K)Common Contract Mistakes - 60 minutes. (2)Promulgated Contract Forms shall contain the following subtopics, the units of which are outlined in the PCF-0, Core Real Estate Course Approval Form, Promulgated Contract Forms adopted by reference in §535.64(h)(4) of this title. (A)Contract Law Overview - 155 minutes; (B)Laws, Rules and Regulations - 150 minutes; (C)Parties, Properties and Financing - 155 minutes; (D)Covenants, Commitments and Notices - 160 minutes; (E)Closing, Possession and More - 220 minutes; (F)The Remaining Promulgated Forms - 205 minutes; (G)Promulgated Addenda, Notices and Other Forms - 205 minutes; (H)Other Real Estate Matters - 115 minutes; (I)Practice Makes Perfect - 135 minutes. (f)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. (g)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. (h)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. (i)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. (j)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. (k)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. (l)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).
The agency certifies that legal counsel has reviewed
the
adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on February 11, 2014
TRD-201400658 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: March 3, 2014
Proposal publication date: December 6, 2013
For further information, please call: (512) 936-3092
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