The Texas Real Estate Commission adopts on an emergency basis amendments to §535.63, concerning Education and Experience Requirements for a License, by adding new subsections (d) and (e).

The amendments outline the process and conditions the Commission will use to renew licenses for salespersons subject to annual education who wish to renew on active status but are unable to timely complete Salesperson Annual Education (SAE) requirements because of the disaster conditions created by Hurricane Rita. This license renewal procedure will be available only to those licensed salespersons affected by Hurricane Rita in Jefferson, Orange, Jasper, Newton, Tyler, Hardin, Polk, Liberty, or Chambers Counties. The extension option will be available only for licenses that otherwise meet the requirements and expire on or before March 31, 2006. For licenses that expire after that date, the license is subject to §535.63(c).

As a result of the proclamation by the Governor of the State of Texas dated September 20, 2005, declaring a state of emergency due to Hurricane Rita, the Texas Real Estate Commission has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning Emergency Rulemaking have been satisfied to adopt amendments to §535.63 concerning satisfaction of SAE requirements for licensees in Texas who reside in Jefferson, Orange, Jasper, Newton, Tyler, Hardin, Polk, Liberty, and Chambers Counties and were significantly affected by Hurricane Rita.

The amendments are adopted on an emergency basis under The Real Estate License Act (the Act), 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 amendment is Texas Occupations Code, Chapter 1101.