The Texas Real Estate Commission (TREC) adopts amendments to §§535.91, 535.92, 535.94, 535.95. Section 535.91, concerning renewal applications, is adopted with changes to the proposed text as published in the April 21, 2000, issue of the Texas Register (25 TexReg 3360). Section 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, are being adopted without changes to the proposed text.

The amendment to §535.91 rewrites the section for clarity. The amendment also requires 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 mailing address provided by of the licensee will be presumed to be the permanent mailing address for the licensee. As adopted, the section was revised to provide that it is the last known mailing address given by the licensee, rather than a former business address, that will be used by TREC as a permanent mailing address for the licensee. This change was necessary to ensure that communications to inactive licensees would be sent to an address specified by the licensee, rather than to an address that might be the address of another licensee or former sponsoring broker. The amendment also specifies 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 has been revised for entry of the licensee's permanent mailing address, and space has been 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 rewrites the section for brevity and adds a provision under which licensees may 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 permits 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. The amendment also clarifies 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 broadens the section to encompass persons seeking registration as an easement or right-of-way agent and adds a reference to the Administrative Procedure Act. Language has been added to clarify that renewal of a probationary license may be subject to satisfaction of educational requirements.

The amendment to §535.95 extends the application of the section to include easement or right-of-way agents registered with TREC, widens 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 provides a reference to the Administrative Procedure Act.

Adoption of the amendments is necessary to enhance TREC's ability to communicate with its licensees, update and shorten the sections, and make them consistent with regard to the acceptance of educational course work submitted by licensees.

No comments were received regarding the proposal.

The amendments are adopted 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.