The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.70, Definitions; §535.71, Approval of CE Providers; §535.72, Approval of Non-elective Continuing Education Courses; §535.73, Approval of Elective Continuing Education Courses; §535.74, Approval of continuing Education Instructors for Elective Courses; and §535.75, Responsibilities and Operations of Continuing Education Providers, with changes to the proposed text as published in the September 4, 2015, issue of the Texas Register (40 TexReg 5703).

The amendments to Chapter 535, Subchapter G align the rules with statutory changes to Chapter 1101, Texas Occupations Code, adopted by the 84th Legislature in SB 699, and clarify and improve performance and delivery standards for real estate and inspector education providers, courses and instructors recommended by the Commission's Education Standards Advisory Committee.

Changes made to the text as published are as follows and were made in response to comments received or staff recommendations to correct grammar or for greater clarity:

In §535.70, the second word in the following terms was revised to lower case for consistency throughout the subchapter: Course Instructor; CE Provider and Distance Education.

In §535.71(a)(2)(B), "mails" was changed to "Commission sends" to acknowledge email as a valid delivery method.

In §535.71(b), "educational" was corrected to "education."

In §535.72(j), the word "make-up" was replace with "subsequent" for a second final examination for greater clarity and more specific language was added to ensure that the subsequent examination was a different version than the first examination.

In §535.75(d)(2) the language was revised to clarify that the providers keep the Distance Education Reporting Form for their records and submit student information for credit electronically to TREC.

In §535.75(f), "Ownership", "Operations" and "Provider" were corrected to start with a lower case letter.

No comments were received specifically on amendments to Subchapter G. However, ESAC approved corresponding changes to Subchapter G that were made in Subchapter F for consistency where applicable. The Commission agreed with all revisions made.

The revisions to the rules as adopted do not change the nature or scope so much that the rules as adopted 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 rules.

The reasoned justification for the amendments is greater consumer protection and clarity.

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 license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by these amendments are Texas Occupations Code, Chapter 1101 and 1102. No other statute, code or article is affected by the amendments.