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Texas Register Preamble


The Texas Real Estate Commission (TREC) proposes an amendment to §535.62, concerning acceptable courses of study. Section 535.62 establishes the guidelines for TREC's acceptance of core real estate courses from license applicants. Under the current section, a proctor must conduct the examination for a correspondence course offered by a college or university. The proposed amendment would clarify how the examination must be graded by the instructor or provider, and would permit the course provider to conduct the examination by use of a computer, thus allowing students to take the course examination online or at a site designated by the provider. Whether the examination is conducted by proctor or by computer, the proposed amendment section would require the provider to ensure that the examinee is the same person as the person who seeks course credit. The amendment would permit correspondence course providers to employ the same examination alternatives that exist for providers who use alternative delivery systems, such as computers, for their courses.

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. 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 greater flexibility in the offering of examinations for correspondence courses. 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.



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