The Texas Real Estate Commission (TREC) proposes amendments to §535.62, concerning Acceptable Courses of Study; and §535.64, concerning Obtaining Approval to Offer a Course. The proposed amendments 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 proposed amendments to §535.62 add Law of Contracts and Promulgated Contract Forms as new subsection (e), which are 30 hour core courses with specific topics, subtopics, and units, with mandated time periods in which instructors must teach each topic or subtopic. The addition of subsection (e) requires the re-lettering of the remaining subsections in the rule.

The proposed amendments to §535.64 removes the sentence "This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov." from subsection (h)(1) and (2) and inserts the phrase "which are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov" under the main body of subsection (h). The amendments also adopt by reference forms to be used for schools in requesting approval to offer the new Law of Contracts and Promulgated Contract Forms courses.

Kerri Lewis, General Counsel, has determined that for the first five-year period the proposed amendments 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 an anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the sections. There is an anticipated economic cost to persons who are required to comply with the proposed amendments. The additional costs would apply to schools that seek re-approval for an alternative delivery course in that the school would need to submit such course for recertification by a distance learning certification center as part of the TREC re-approval process.

Ms. Lewis 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 improved Law of Contracts and Promulgated Contract Forms core course curriculums and better educated applicants resulting in improved protection for consumers of real estate services.

Comments on the proposal may be submitted to Kerri Lewis, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed 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 proposal is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed amendments.