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(a)For the purposes of this section, an "accredited college or university" is defined as 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 by a recognized national or international accrediting body. (b)Exemption. Pursuant to §1101.301 of Tex. Occ. Code, the Commission does not approve qualifying educational programs or courses of study in real estate and real estate inspection offered by an accredited college or university; however, the Commission has the authority to determine whether a real estate or real estate inspection course satisfies the requirements of the Act and Chapter 1102. (c)Credit for real estate courses offered by an accredited college or university for academic credit. To be eligible to receive credit by the Commission, qualifying courses offered by an accredited college or university must meet the following requirements: (1)cover the subject and topics set out in §1101.003 of Tex. Occ. Code; and (2)be offered in accordance with the college or university's curriculum accreditation standards. (d)Credit for real estate inspector courses offered by an accredited college or university for academic credit. To be eligible to receive credit by the Commission, qualifying courses offered by an accredited college or university meet the following requirements: (1)meet the subject and topic definitions set out in §1102.001(5) of Tex. Occ. Code as clarified by the Commission in §535.65; and (2)be offered in accordance with the college or university's curriculum accreditation standards. (3)any courses offered to fulfill the substitute experience requirements allowed under §1102.111 must meet the requirements set out in §535.212 of this title, including instructor qualifications. (e)Preapproval of a course offered for academic credit. (1)An accredited college and university may submit qualifying courses to the Commission for preapproval by filing a form approved by the Commission. (2)Any course offered by an accredited college and university without preapproval by the Commission will be evaluated by the Commission, using the standards set out in this section, to determine whether it qualifies for credit at such time as a student submits a transcript with the course to the Commission for credit. (3)An accredited college or university may not represent that a course qualifies for credit by the Commission unless the accredited college or university receives written confirmation from the Commission that the course has been preapproved for credit. (f)Required approval of qualifying courses not eligible for academic credit. (1)To be eligible for credit from the Commission, a qualifying course offered by an accredited college and university on its own or in association with a third party provider approved by the Commission that is not eligible for academic credit is required to be submitted for approval by the Commission in accordance with §535.62 of this subchapter, including payment of any fee required. (2)An accredited college or university may not represent that a course qualifies for credit by the Commission unless the accredited college or university receives written confirmation from the Commission that the course has been approved. (g)Complaints and audits. (1)If the Commission receives a complaint, or is presented with other evidence acceptable to the Commission, alleging that an accredited college or university is not in compliance with their curriculum accreditation standards for a real estate or real estate inspection course offered for academic credit, or is not complying with the requirements of this Subchapter for a real estate or real estate inspection course not eligible for academic credit, the Commission may investigate the allegation and/or anonymously audit the course in question. (2)If after an investigation and/or audit, the Commission determines that an accredited college or university is not in compliance with their curriculum accreditation standards for a real estate or real estate inspection course offered for academic credit, or is not complying with the requirements of this Subchapter for a real estate or real estate inspection course not eligible for academic credit, the Commission will no longer issue credit to applicants for that course. (3)If after investigation and/or audit, the Commission determines that multiple real estate or real estate inspection courses of an accredited college or university do not comply with their curriculum accreditation standards for a course offered for academic credit, or do not comply with the requirements of this subchapter for a course not eligible for academic credit, the Commission will no longer issue credit to applicants for any course from that college or university. (h)Required approval of CE program and courses. An accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this Chapter.
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 August 25, 2014
TRD-201404030 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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