The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.91, Renewal of a Real Estate License and §535.92, Continuing Education Requirements, in Chapter 535, General Provisions.

The amendments to Chapter 535, Subchapter I are proposed to align the rule with statutory changes to Chapter 1101, Texas Occupations Code, adopted by the 84th Legislature in SB 699, to increase the number of hours of continuing education required for renewal, to allow continuing education credit for attendance at a Commission meeting, to only require designated brokers of entities that sponsor sales agents take the broker responsibility course and to remove the provision regarding legislative waiver since it is adequately addressed in the statute. The Education Standards Advisory Committee recommended that the number of continuing education hours be increased by 2 hours, however the Commission chose to increase it by 3 hours, as permitted by the statute.

The amendments also allow an active duty military service member two additional years to renew a license in compliance with statutory changes in SB 1307, adopted by the 84th Legislature, effective September 1, 2105.

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 no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the sections. There is no anticipated significant economic cost to persons who are required to comply with the proposed amendments.

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 requirements that are consistent with the statute and better educated license holders thereby providing greater consumer protection.

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