The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.70, Definitions; §535.71, Approval of CE Providers; §535.72, Approval of Non-elective Continuing Education Courses; and §535.73, Approval of Elective Continuing Education Courses.

All proposed amendments implement statutory changes enacted by the 86th Legislature in SB 624 as part of the Sunset Review process. The proposed amendments to §535.70 changes the definition of "CE Instructor" to conform to statutory changes. The proposed amendments to §535.71 change "subsequent approval" to "renewal" and authorize the Commission to deny an application for renewal if a continuing education provider is in violation of a Commission order. The proposed amendment to §535.72 eliminates the requirement of continuing education providers to use instructors approved or certified by the Commission as required by SB 624. The proposed amendments to §535.73 reorganize this section and clarify the process for renewing the approval of an elective continuing education course. The proposed amendments to this section authorize the Commission to deny an application for renewal of an elective continuing education course approval if a continuing education provider is in violation of a Commission order.

Chelsea Buchholtz, 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 adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Buchholtz also has determined that for each year of the first five years the sections as proposed are in effect, the public benefits anticipated as a result of enforcing the sections as proposed will be increased efficiency, improved clarity and greater transparency for members of the public and education providers, as well as requirements that are consistent with the statute and easier to understand, apply and process.

For each year of the first five years the proposed amendments are in effect the amendments will not:

create or eliminate a government program;

require the creation of new employee positions or the elimination of existing employee positions;

require an increase or decrease in future legislative appropriations to the agency;

require an increase or decrease in fees paid to the agency;

create a new regulation;

expand, limit or repeal an existing regulation;

increase or decrease the number of individuals subject to the rule's applicability, except as noted below regarding §535.72; and

positively or adversely affect the state's economy.

For each year of the first five years the proposed amendments are in effect, the amendments in §535.72 will, however, decrease the number of individuals subject to the rule's applicability by eliminating the requirement of providers to use instructors approved by the Commission.

Comments on the proposal may be submitted to Chelsea Buchholtz, 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 ensure compliance with Chapters 1101 and 1102.

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