The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.71, Approval of CE Providers, in Chapter 535, General Provisions.

Based on the recommendation of the Texas Real Estate Inspector Committee (TREIC), the proposed amendments would eliminate exemptions from TREC requirements for certain education providers of real estate inspection continuing education courses. These exemptions caused confusion in the marketplace, were inconsistent with exemptions allowed by TREC for education providers of real estate courses, and were only utilized by license holders to obtain continuing education course credits in a few limited circumstances. For these reasons, TREIC recommends the repeal of these exemptions.

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

Ms. Worman also has determined that for each year of the first five years the section as proposed is in effect the public benefits anticipated as a result of enforcing the section will be improved clarity for license holders and education providers and consistent requirements that are easier to understand and follow.

Comments on the proposal may be submitted to Kristen Worman, Deputy 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 license holders to fulfill the purposes of Chapters 1101 and 1102; and Texas Occupations Code §1102.058, which authorizes the Commission to adopt rules relating to continuing education requirements for inspectors.

The statutes affected by this proposal are Chapters 1101 and 1102, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.