The Texas Real Estate Commission adopts on an emergency basis amendments to §535.92, concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements, by adding new subsections (l) and (m).

The amendments outline the process and conditions the Commission will use to renew licenses on active status for licensees who are unable to timely complete Mandatory Continuing Education (MCE) because of the disaster conditions created by Hurricane Rita. This license renewal procedure will be available only to those licensed real estate brokers and salespersons affected by Hurricane Rita in Jefferson, Orange, Jasper, Newton, Tyler, Hardin, Polk, Liberty, and Chambers Counties.

No fee is required for extension of time to complete MCE under the new subsections. The extension option will be available only for licenses that otherwise meet the requirements and expire on or before March 31, 2006. For licensee that expires after that date, the licensee is subject to §535.92(f) should the licensee wish to renew a license on active status and extend the period of time to complete their MCE by 60 days and pay an additional $200.

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 §535.92 concerning satisfaction of MCE 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.