The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.72, Approval of Non-elective Continuing Education Courses; §535.73, Approval of Elective Continuing Education Courses; and §535.75, Responsibilities and Operations of Continuing Education Providers.

The proposed amendments to §535.72 streamline the requirements of non-elective continuing education courses between classroom delivery and distance education delivery, so that no matter the delivery method, the requirements are the same. Specifically, the rule is amended to allow the examination at the end of a distance education course to be conducted within the course instruction time rather than after course completion and removes the requirement to grade the examination and receive a passing score of 70%. The proposed amendments to §535.73 adds a requirement for education providers to submit a timed course outline when applying for approval of an elective continuing education course. Adding this requirement removes the subjectivity and variability in how a course is described and explained by a provider in an application for course approval and allows providers to have a clear understanding in what is required for course approval. The proposed changes to §535.75 further streamline the requirements for continuing education providers by only requiring end of course examinations for non-elective continuing education courses, regardless of course delivery (classroom or distance).

The proposed amendments were recommended by the Education Standards Advisory Committee.

Chelsea Buchholtz, Executive Director, 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 simplified requirements for education providers.

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; and

--positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Chelsea Buchholtz, Executive Director, 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.