The Texas Real Estate Commission (TREC) proposes amendments to §535.91, concerning renewal applications, §535.92, concerning satisfaction of mandatory continuing education requirements (MCE), §535.94, concerning hearings on application disapprovals and §535.95, concerning miscellaneous license renewal provisions. The amendments are proposed in connection with TREC's on-going rule review process and generally are intended to shorten TREC rules by removing unnecessary sections and to make the rules easier to read and to use. A revised renewal application form also would be adopted by reference.

The amendment to §535.91 rewrites the section for clarity. To enable TREC to communicate more effectively with inactive real estate licensees, the amendment also would require inactive licensees to provide a permanent mailing address, rather than a residence address at the time of becoming inactive. In the event a licensee fails to provide the address, the last known business address of the licensee would be presumed to be the permanent mailing address for the licensee. The amendment also would specify that licensees must provide information requested by the commission in connection with a renewal within 30 days after receiving a request for the information. The renewal application form would be revised for entry of the licensee's permanent mailing address, and space would be added to permit licensees to furnish daytime telephone numbers or e-mail addresses on an optional basis to permit the TREC staff to communicate with them more readily.

The amendment to §535.92 would rewrite the section for brevity and add a provision under which licensees could choose to renew their licensees using the TREC Internet web site. If a course is taken to satisfy the continuing education requirements of another state, the amendment would permit the course to be used to satisfy MCE requirements in Texas only if the licensee holds an active license in the other state, the course is approved for real estate continuing education credit by the other state, and, if the course is offered by correspondence, the course was offered by an accredited college or university. These changes would ensure that the course was taken to satisfy real estate licensing requirements of the other state and make the requirements for acceptance of the out-of-state course consistent with the requirements for accepting a course offered in Texas. The amendment also would clarify that real estate inspection courses and core real estate courses at least 30 hours in length are acceptable to meet MCE requirements for renewal of a license.

The amendment to §535.94 would broaden the section to encompass persons seeking registration as an easement or right-of-way agent and would add a reference to the Administrative Procedure Act. Language also would be added to clarify that renewal of a probationary license may be subject to satisfaction of educational requirements.

The amendment to §535.95 would extend the application of the section to include easement or right-of-way agents registered with TREC, widen the scope of the military duty exception to defer any education that would have been required for timely renewal of the serviceperson's license and provide a reference to the Administrative Procedure Act.

Mark A. Moseley, General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Mr. Moseley 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 clarification of license renewal procedures and improved communications between licensees and TREC. 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 Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.

The amendments are proposed under Texas Civil Statutes, Article 6573a, §5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.