Texas Register Preamble

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.92, Continuing Education Requirements, in Chapter 535, General Provisions, without changes to the proposed text, as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1299) and will not be republished. A correction of error to the preamble was published in the March 20, 2020, issue (45 TexReg 2082).

The amendments to §535.92 require three hours of continuing education (CE) to real estate sales agents or broker license renewals, the subject matter of which must be real estate contracts. The amendments additionally clarify which license holders must take the broker responsibility course and updates the professional designations available through CE credit.

The amendments were recommended by the Education Standards Advisory Committee.

Three comments were received on the amendments as proposed. Two commenters were in favor of the amendments as long as the hours didn't increase overall and the other commenter opposed the amendments because she felt the required course would not be beneficial to license holders engaged in commercial real estate. The Commission also received public comment in its meeting from an individual who believed the additional three hours of contracts should be in addition to the required 18 hours. The Commission declined to make any changes to the amendments based on these comments, noting that the Commission had deliberated the benefits of keeping the required hours to eighteen in its last open meeting. The effective date of this rule is February 1, 2021, which provides license holders and education providers with additional time to meet these new requirements and allows the agency to implement an approval and tracking system to ensure a more effective implementation of these requirements.

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.

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