Texas Register Preamble
The Texas Real Estate Commission (TREC) adopts amendments to current 22 TAC §535.61, Approval of Providers of Qualifying Courses; §535.63, Qualifications for Instructors of Qualifying Courses; §535.65, Responsibilities and Operations of Providers of Qualifying Courses; §535.66, Credit for Courses Offered by Accredited Colleges or Universities; §535.71, Approval of CE Providers; §535.73, Approval of Elective Continuing Education Courses; §535.75, Responsibilities and Operations of Continuing Education Providers; §535.400, Registration of Easement or Right-of-Way Agents; and §535.403, Renewal of Registration; and adopts new 22 TAC §535.68, Content Requirements for Easement or Right-of-Way Qualifying Courses (NEW), in Chapter 535, General Provisions. Sections 535.66 and 535.68 are adopted with two non-substantive changes to the text (the insertion of the word "Texas" before "Occupations" in §535.66(e)(1) and §535.68), as published in the March 11, 2022, issue of the Texas Register (47 TexReg 1196). The rules will be republished. Sections 535.61, 535.63, 535.65, 535.71, 535.73, 535.75, 535.400, and 535.403 are adopted without changes to the text as published in the March 11, 2022, issue of the Texas Register (47 TexReg 1196). The rules will not be republished.
All amendments implement statutory changes enacted by the 87th Legislature in HB 2730. In §§535.61, 535.63, 535.65, 535.66, 535.71, 535.73, and 535.75, the amendments add the term "easement or right-of-way" to conform to statutory changes that require completion of qualifying and continuing education courses to obtain or maintain a certificate of registration. The amendments to §535.61 allow an accredited college or university, as well as a United States armed forces institute, to submit easement or right-of-way qualifying courses for approval for credit without becoming approved providers, similar to the exemptions that currently exist for both real estate and inspector qualifying courses. The changes also clarify that the calculation for the exam passage rate only includes license categories for which the provider offers courses and an examination is required. The amendments to §535.66 add a new subsection and make other conforming changes to address credit for easement or right-of way courses offered by an accredited college or university, consistent with the change in §535.61 and current rules related to real estate and inspection qualifying courses. New rule §535.68 mirrors the content requirements for the easement or right-of-way qualifying course as required by HB 2730 and adopts a course approval form by reference that outlines the units required to be addressed in each course topic.
The amendments to §535.400 add specific requirements for the issuance of a probationary certificate, as required by HB 2730. For consistency in application, this language mirrors rule language in 22 TAC §535.54, applicable to other license holders. Because HB 2730 requires certificate holders seeking to renew to successfully complete continuing education, the amendments to §535.403 clarify that a certificate holder who fails to timely renew, rather than simply failing to timely pay the renewal fee, must apply for and receive a new registration. These changes also modify the section that clarifies what happens if a registration expires on a Saturday, Sunday, or other day the Commission is not open for business to be consistent with rule language applicable to other license holders in 22 TAC §535.91.
No comments were received on the proposed amendments as published.
HB 2730 provides that while the Commission must adopt rules necessary to implement the statutory requirements by September 1, 2022, a person who has submitted an application for issuance or renewal of a certificate of registration before January 1, 2023, is not subject to the education requirements of those provisions until the first renewal of their certificate after March 1, 2023. As a result, the adopted rules will have an effective date of September 1, 2022, to provide education providers with additional time to meet the new 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. The amendments are also adopted under Texas Occupations Code, §1101.508, which requires the Commission to adopt by rule reasonable requirements for the issuance of a probationary certificate, and §1101.509, which requires the Commission to adopt rules for the approval of coursework that an applicant must successfully complete to be eligible for the issuance or renewal of a certificate of registration.
Next Page Previous Page