The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses, in Chapter 535, General Provisions, without changes, as published in the December 1, 2017, issue of the Texas Register (42 TexReg 6672).

The amendments to §535.65 implement changes made to Chapter 53 of the Texas Occupations Code in HB 1508, adopted by the 85th Legislature effective September 1, 2017. These changes require education providers to notify potential students before they enroll in an occupational licensing education program that a criminal history may make them ineligible for the license they seek and that they have a right to request a criminal history evaluation from the licensing authority. The statutory changes also provide authority for licensing agencies to order reimbursements be paid to the student if the provider fails to give the required notices. In addition, subsection (h)(1) is amended to clarify that all final examinations are to be closed book examinations. This change was recommended by the Commission's Education Standards Advisory Committee.

The reasoned justification for the amendments is greater clarity in the rule for providers to understand their responsibilities under the new statute and rules on examination delivery.

No comments were received on the amendments as published.

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