The Texas Real Estate Commission (TREC) proposes amendments to §535.61, concerning Examinations, §535.62, concerning Acceptable Courses of Study, §535.63, concerning Education and Experience Requirements for a License, §535.64, concerning Accreditation of Schools and Approval of Courses and Instructors, and §535.65, concerning Changes in Ownership or Operation of Schools Presentation of Courses, Advertising, and Records.

The amendments to §§535.61, 535.63, 535.64 and 535.65 are proposed to comply with new legislation that included revisions to Texas Occupations Code Chapter 1101 enacted during the 80 Legislative Session, Regular Session, by Senate Bill 914 and House Bill 1530. The amendments to §535.61 and §535.63 clarify that new Texas Occupations Code §1101.451(f) regarding late renewals does not apply to education and experience waivers authorized by rule under Texas Occupations Code §1101.362. Sections 535.61 and 535.63 were adopted by TREC on an emergency basis on August 6, 2007, to comply with the effective date of the legislation. The rules were published in the August 24, 2007, issue of the Texas Register (32 TexReg 5241).

The amendments to §535.64 and §535.65 change references concerning the education provider bond from $10,000 to $20,000, and adopt by reference a revised bond form reflecting the increased amount as required by the new law.

The amendments to §535.62 provides that all TREC core courses that are offered by an alternative delivery method must be certified by a distance learning certification center that is acceptable by the commission, such as the International Distance Education Certification Center (IDECC). Commission staff would continue to review the courses for content, but IDECC or a similarly approved center would evaluate the courses for appropriate design and delivery, including whether the course teaches mastery.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or 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.

Ms. DeHay 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 the availability of current standard contract forms. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections, other than the costs of obtaining copies of the forms, which would be available at no charge through the TREC web site, and available from private printers at an estimated cost of $7.50 per set of 50 copies.

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 purpose and intent of the Act to insure compliance with the provisions of the Act.

The statutes affected by the proposed amendments are Texas Occupations Code, Chapters 1101 and 1102, and Senate Bill 914 and House Bill 1530, 80th Legislature, R.S. No other statute, code or article is affected by the proposed amendments.