The Texas Real Estate Commission (TREC) proposes amendments to §535.91, concerning renewal applications, §535.92, concerning renewal: time for filing; satisfaction of mandatory continuing education requirements, and §535.94, concerning hearing on application disapproval: probationary licenses. The amendments to §535.91, §535.92, and §535.94 change the cites to the relevant statutory provisions in Chapter 1101, Texas Occupations Code. House Bill 2813, 77th Legislature (2001), added Chapter 1101, a nonsubstantive codification of The Real Estate License Act, and repealed Article 6573a, Texas Civil Statutes effective June 1, 2003. The amendments are also proposed in connection with TREC's on-going review of its rules and are generally intended to update and to clarify the rules concerning definitions.

In addition, the proposed revisions to §535.91 and §535.92 require all licensees to take a three hour legal update course and a three hour legal ethics course created for and approved by TREC to satisfy the 6 legal hours of mandatory continuing education required by Occupations Code §1101.455 (the Act). Elective courses to be used as credit for the remaining 9 hours required by §1101.455 of the Act must be presentations of relevant issues that impact the practice of real estate or which increase or support the development of skill and competence. Core and mandatory continuing legal education courses may be accepted for satisfying MCE elective credit only. Correspondence and alternate delivery method courses may be taken to satisfy elective and legal credit subject to certain conditions. A provider may grant partial credit to a student who attends less than the complete course registered with the commission only if the segments of the course for which partial credit may be granted are not less than one hour in length; the student must attend at least 50 minutes of the class hour to get credit for attendance for that hour. Under the proposed revisions, the commission may approve on an individual basis for MCE credit specific professional designation courses that a licensee takes and applies for credit using an MCE Professional Designation Request Form.

Loretta R. DeHay, general counsel, has determined that for the first five-year period the proposed revisions to the sections are 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 will be no impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

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 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 amendments 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 amendments.