The Texas Real Estate Commission (TREC) adopts amendments to §535.71, concerning Approval of Providers, Courses and Instructors, and §535.72, concerning Presentation of Courses, Advertising and Records, without changes to the proposed text. TREC adopts new §535.75, concerning Education Curriculum Standards Committee, with changes to the proposed text as published in the December 30, 2011, issue of the Texas Register (36 TexReg 9170). The difference between the rule as proposed and as finally adopted is that new §535.75(b)(3) was revised to delete "who are not accredited, approved, registered, certified, or licensed by the Texas Real Estate Commission" to provide flexibility in appointing public members to the newly created Education Curriculum Standards Committee. The amendments are adopted in part to implement the relevant provisions of Senate Bill 747 (SB 747), 82nd Texas Legislature, Regular Session (2011). In relevant part, SB 747 amends Texas Occupations Code, §1101.458, to require a broker who sponsors a salesperson and a licensee who supervises another licensee to take a 6-hour broker responsibility course to renew a license.

The amendments to §535.71 and §535.72 provide the method by which the commission will create and approve the broker responsibility course, which will be the same way it handles the 3-hour legal update and 3-hour ethics courses required under §1101.455, and provides conforming changes for consistency.

New §535.75 creates the Education Curriculum Standards Committee whose mission is to regularly review and revise curriculum standards, course content requirements and instructor certification.

The revisions to the rules as adopted do not change the nature or scope so much that they could be deemed different rules. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed versions and do not materially alter the issues raised in the proposed rules.

No comments were received concerning the amendments and new rule as proposed.

The reasoned justification for the amendments and new rule is to provide consistency with the requirements of Texas Occupations Code, Chapter 1101, and 22 TAC Chapter 535.

The amendments and new rule are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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