The Texas Real Estate Commission (TREC) adopts amendments to §535.71, concerning Mandatory Continuing Education: Approval of Providers, Courses and Instructors, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4272), and will not be republished.

The amendments to §535.71 add the TREC web site address to subsection (d) concerning availability of forms and adopts by reference MCE Form 16-1 which has been revised for use as an instructor application for MCE elective courses only. The amendments to §535.71 also change the requirements for approval of instructors of Mandatory Continuing Education required legal and ethics courses.

Currently instructors of such courses meet minimum requirements by certifying attendance at an instructor training course. The amendments require persons to have a college degree in the subject area of real estate or five years professional experience in the subject areas of Principles of Real Estate, Law of Agency, and Law of Contracts; and three years experience in teaching or training; or the equivalent of those requirements as determined by the commission.

The reasoned justification for the amendments is to have better qualified instructors of required MCE legal and ethics courses who are able to effectively teach important information to licensees about current issues related to real estate brokerage.

No comments were received regarding the amendments as proposed.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.

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