The Texas Real Estate Commission (TREC) proposes an amendment to §535.64, concerning accreditation of schools and approval of courses and instructors. The amendment addresses courses offered by schools to prepare students to sit for TREC's licensing examinations. The proposed amendment would provide an expiration date for a current examination preparation course and require each school to apply for approval to offer another course after December 31, 2001. Schools would be permitted to apply for new course approvals no sooner than three months before the current course approval expires. To ensure that there is adequate time for review of new course materials, the proposed amendment would not require TREC to approve the course in less than 30 days. Once approved, an examination preparation course could be offered for a two year period, and all approvals would expire December 31 of odd-numbered years, thereby permitting schools to incorporate legislative changes into the courses. The amendment also clarifies that an examination preparation course must be approved in the same manner as all other courses offered by the school and that the course must be updated by the school. To protect the confidentiality of the TREC licensing examination program, the amendment also would require the school to ensure that students in examination preparation courses are made aware of the restrictions on dissemination of information about test items and the punishments, including license revocation, for violation of the restrictions.

Mark A. Moseley, general counsel, has determined that for the first five-year period the section is 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 section. TREC does not charge a fee for approving a new course to be offered by a school. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section.

Mr. Moseley also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be the availability of examination preparation courses containing current information to help applicants prepare for examinations. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendment is proposed under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.