The Texas Real Estate Commission (TREC) proposes an amendment to §535.71, concerning Mandatory Continuing Education: Approval of Providers, Courses, and Instructors and to adopt by reference one revised form and §535.72, concerning Mandatory Continuing Education: Presentation of Courses, Advertising and Records. The proposed amendments provide the procedure by which education providers must ensure that online Mandatory Continuing Education courses may not be completed in less than 24 hours.

The amendments are necessary in order to comply with legislation enacted during the 80th Legislative Session which created a new requirement that online Mandatory Continuing Education courses may not be completed in less than 24 hours. Senate Bill 914, which became effective September 1, 2007, included revisions to Texas Occupations Code, Chapter 1101.

The amendments were adopted on an emergency basis on August 6, 2007, and published in the August 24, 2007, issue of the Texas Register (32 TexReg 5242).

Loretta R. DeHay, General Counsel, has determined that for each year of the first five years that the sections are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the sections, nor is there any anticipated impact on local or state employment.

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 assurance of appropriate education credit by compliance with statutory requirements and that there is no probable economic cost to persons required to comply with the sections. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the proposed sections.

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 adopt and enforce rules necessary to administer Chapter 1101.

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