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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts 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, with changes to the proposed text, as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1296) and will be republished.

The 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%. Prior language was reinserted into the rule so that examination requirements for real estate inspectors were not changed. The amendments to §535.73 add 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 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). Language requiring examinations for real estate inspectors was reinserted into the text. This change maintains the current exam requirements for real estate inspectors. As such, there is no change to the current rule as it relates to exams for real estate inspectors. The Commission declined to make any changes as the rule in its current draft is in line with these comments.

The amendments were recommended by the Education Standards Advisory Committee.

Two comments were received on §535.72 as proposed. One comment specifically noted the importance of examinations for real estate inspectors and the other supported elimination of the examination for realtors. Two comments were received on §535.75 that supported the elimination of exams generally, but did not specifically address with regard to inspectors. Commission declined to make changes as the rule in its current draft is in line with the majority of these comments and as the Real Estate Inspector Committee voted to include examination requirements for real estate inspectors.

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.



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