The Texas Real Estate Commission adopts amendments to §535.62, concerning Acceptable Courses of Study; §535.64, concerning Obtaining Approval to Offer a Course; and §535.65, concerning Operation of Core Education Schools, with changes to the rules as published in the May 24, 2013, issue of the Texas Register (38 TexReg 3272). The difference between the rules as adopted and as proposed is the removal of the requirement that Principles I and Principles II must be taken before other core courses are taken.

The amendments to §535.62 establish Principles of Real Estate I and II as two 30-hour core courses with specific topics and subtopics and mandated time periods in which instructors must teach each topic or subtopic. The amendments to §535.62 also establish a time period of 12 months, or 15 months for alternative delivery courses, for acceptability of previously approved courses for core credit if such courses are not revised pursuant to the new standards.

The amendments to §535.64 change the deadlines for renewal of previously approved core courses; adopt by reference forms to be used for schools in requesting approval to offer the new Principles of Real Estate courses; establish the requirements for requesting approval and teaching core courses once a revised curriculum has been adopted by the commission; and establish the requirements and deadlines for submitting previously approved courses for approval subject to the new curriculum requirements.

The amendments to §535.65 address the way newly adopted core courses must be delivered and establish new requirements for schools to place start and completion dates on core course certificates issued to students.

The amendments, including the difference between the rules as proposed and as adopted, are recommended by the Educations Standards Advisory Committee (ESAC), a committee formed, in part, to review and recommend revisions to existing core course curricula and TREC rules addressing school, course and instructor approval.

The revision to the rules as adopted does 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 version and do not materially alter the issues raised in the proposed rules and forms.

The commission received 16 comments on the rules as proposed, including from the Texas Association of Realtors, primarily addressing the amendment to §535.62 which would require Principles of Real Estate I and II be completed before any other core course. The comments were presented to the ESAC at its July meeting. After consideration the committee decided to withdraw its recommendation to require the Principles of Real Estate courses before other core courses and address the issues raised by the commenters at a future date.

The commission agrees with the commenters and the recommendation of ESAC and removed the requirement to complete the Principles of Real Estate courses before other core courses from the adopted rules.

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 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 amendments.