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, as published in the June 9, 2023, issue of the Texas Register (48 TexReg 2926) and will not be republished.

The amendments to §535.92 include expand a real estate license holder's opportunity to earn up to four hours of continuing education elective credit for attendance at a single Commission meeting and clarify that such credit may only be awarded for attendance at one Commission meeting per renewal cycle. The remainder of the changes are either updates to terminology or form for consistency throughout the chapter or are made to reflect updated processes.

Thirteen comments were received. One comment asked for clarification regarding credit for meetings attended remotely, which the Executive Committee noted the rule language specifically prohibits. Another commenter supported the change but made other suggestions related to course work for license holders. One commenter requested clarification regarding the number of hours that can be earned, which the Executive Committee also noted was detailed in the rule language itself. One commenter misunderstood that this rule change does not increase the number of continuing education hours a license holder must take. Some commenters expressed concern that continuing education should be classroom based only. Other commenters thought the change to allow license holders more opportunity to obtain continuing education credit was very beneficial because Commission meetings are very informative. After reviewing the comments, the Executive Committee declined to recommend any changes to the rule as published.

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 statute affected by this adoption is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the adopted amendments.

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