The Texas Real Estate Commission (TREC) adopts amendments to §535.91 concerning Renewal Notices and §535.92 concerning Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements without changes to the proposed text as published in the March 3, 2006, issue of the Texas Register (31 TexReg 1404) and will not be republished. The 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. Before amendment, the rule required licensees to return the form to the commission with the required fee to renew a license. Once effective, the rule will require the commission to notify licensees about renewals with a postcard that contains substantially the same information that is currently on the renewal application form.

Under the revisions to §535.92, all licensees will be required to renew online at the commission website with an appropriate payment method. All information required of the licensee to renew the license may be entered online. Before amendment, licensees had the option of renewing online or by mail. According to the amendments, 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 website.

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 reasoned justification for the amendments is 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.

No comments were received regarding the rule as proposed.

The amendments are adopted 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 adoption is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the adopted amendments.