The Texas Real Estate Commission (TREC) proposes the repeal of §535.71, concerning mandatory continuing education: approval of providers, courses and instructors, §535.72, concerning mandatory continuing education: presentation of courses, advertising and records, and §535.73, concerning compliance and enforcement. The subjects addressed in these sections will be covered in new sections TREC is proposing to adopt as part of the Education Task Force recommendations regarding mandatory continuing education.

Loretta R. DeHay, general counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for the state as a result of enforcing or administering the sections. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the repeal.

Ms. DeHay also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be increased knowledge of current real estate related case law and statutory provisions due to the proposed requirements to attend live presentations of commission created legal mandatory continuing education courses. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The repeals are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.

The statute affected by this proposal is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed repeals.