The Texas Real Estate Commission (TREC) proposes amendments to §535.91, concerning Renewal Applications and §535.92, concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements. The proposed amendments to §535.91 change the name of the "renewal application form" to "renewal notice" to make it clear that the commission will be notifying real estate salespersons and brokers of renewal requirements with a notice rather than with a form. The amendments to §535.91 also delete the subsection that adopts by reference the renewal application form as the form will no longer be used to renew a license. Presently, licensees return the form to the commission with the required fee to renew a license. The commission will notify licensees with a postcard that contains substantially the same information that is currently on the renewal form.

Under the proposed amendments to §535.92 all licensees will be required to renew online at the commission's web site with an appropriate payment method. All information required of the licensee to renew the license may be entered online. Currently, licensees have the option of renewing online or by mail. If a licensee is unable to renew online, they can obtain a renewal form by contacting the commission and a form will be mailed to them or they will be given directions on how to download a form from the TREC's web site.

The commission will continue to notify licensees of the renewal requirements three months before the expiration of the current license. The commission will also continue to notify licensees subject to Mandatory Continuing Education (MCE) of the hours the licensee has completed and the hours that are required for an active renewal.

The commission is mandating online renewals to save costs associated with mailing renewal notices and to meet statewide performance measures associated with online renewals required of all similarly situated licensing agencies.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the proposed amendments to the sections are in effect there will be no fiscal implications for the state as a result of enforcing or administering the amended 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 amended sections.

Ms. DeHay also has determined that for each year of the first five years the amendments as proposed are in effect the public benefit anticipated as a result of enforcing the amended sections will be an easier renewal process for licensees and decreased costs to the agency associated with mailing renewal notices. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

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 purposed 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.