The Texas Real Estate Commission (TREC or the commission) proposes amendments to §535.71, regarding Mandatory Continuing Education: Approval of Providers, Courses and Instructors; §535.72, regarding Mandatory Continuing Education: Presentation of Courses, Advertising and Records; §535.73, regarding Compliance and Enforcement; and new §535.74, regarding Additional Information Related to an Application. TREC is simultaneously proposing the amendments and new rule as part of a comprehensive rule review of 22 TAC Chapter 535.

The amendments to §535.71(a) delete the definitions as they have been moved to Subchapter E. Subsection (b) is deleted because the requirements are referenced under §535.92; subsection (c) is deleted because the application forms will be approved by the commission but not promulgated by rule; all the subsections are relettered; the renewal term for instructor approval is changed from five to two years in subsections (i) and (j); alternative delivery method courses for required legal credit will need to be certified by a distance learning certification center (IDECC) that is acceptable to the commission under new subsection (z); some of the paragraphs of subsection (z) are deleted and renumbered because IDECC certification ensures the requirements of that subparagraph and it was therefore redundant.

The amendments to §535.72 delete the reference to specific form numbers as they will no longer be promulgated by rule. Subsection (i) is a new provision which requires a provider to make available to students and maintain for commission review instructor and course evaluation for each course. Forms created and approved by the commission must be used. Under relettered subsection (k), a provider is required to maintain the same types of records and for the same period of time as required of schools accredited under Subchapter F regarding core education providers.

The amendments to §535.73 delete the reference to evaluations as evaluations are now covered in the amendments to §535.72.

New §535.74(a) deals with additional information related to an application for an MCE provider, course or instructor; and subsection (b) which addresses the commission's delegation of authority to staff.

Generally speaking, the amendments and new rule correct typographical errors, reorganize, clarify, and streamline existing rules, and update cites to new laws and codes.

Loretta R. DeHay, General Counsel, has determined that for the first five-year period the proposed amendments and new rule are in effect there will be no significant fiscal implications for the state or for units of local government as a result of enforcing or administering the amendments and new rule. There is no anticipated significant economic effect on small businesses, micro-businesses, persons, or local or state employment as a result of implementing the amendments and new rule.

Ms. DeHay also has determined that for each year of the first five years the amendments and new rule are in effect the public benefit anticipated as a result of enforcing the amendments and new rule will be more streamlined, consistent and readable rules.

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 deadline for comments is 30 days after publication in the Texas Register.

The amendments and new rule 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 ensure compliance with the provisions of the Act.

The statutes affected by this proposal are Texas Occupations Code, Chapter 1101 and Chapter 1102. No other statute, code or article is affected by the proposal.