The Texas Real Estate Commission (TREC) proposes amendments to §535.71, concerning approval of providers, courses and instructors for mandatory continuing education (MCE) and §535.72, concerning presentation of courses, advertising and records.

By law, many Texas real estate licensees are required to complete MCE courses to renew an active real estate license. MCE providers are approved by TREC and must offer their courses in accordance with TREC rules. Section 535.71 provides guidelines for the approval of courses, including correspondence courses and courses offered by alternative delivery methods, such as computers. Completion of a final examination is required for a student to receive credit for these courses. The proposed amendment to §535.71 would require the course provider to administer the examination no sooner than three days after the student enrolls for the course. The amendment would ensure that the student has an opportunity to master the course material before attempting the examination.

The amendment to §535.72 would limit the MCE daily classroom course presentation to 10 hours, consistent with the current limit on core real estate courses. This amendment would help ensure that students are not kept in class when they are no longer receptive to instruction because of fatigue and thus provide them a greater opportunity to master the course material.

Mark A. Moseley, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Mr. Moseley 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 consistent application and renewal processes for the agency's licensees and registrants. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed 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.

The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.