The Texas Real Estate Commission (TREC) proposes an amendment to §535.72, concerning presentation of mandatory continuing education (MCE) courses, advertising and records.

By law, many Texas real estate licensees are required to complete MCE courses to renew an active real estate license. MCE providers are approved by TREC and must offer their courses in accordance with TREC rules. Section 535.72 provides guidelines for the providers' reporting of course completion by a student in a correspondence course or a course offered by alternative delivery systems such as by a computer. The section now requires a provider to report the course completion with a written report, MCE Form 9-4. Providers have suggested that course completion could be reported electronically, facilitating the student's credit being entered in TREC's records. The proposed amendment would permit the content of the MCE Form 9-4 to be filed electronically with TREC. The provider would be responsible for ensuring that the person reported as receiving course credit is the person who completed the course and that the reporting process does not compromise the security of TREC's records. Adoption of the amendment would enable course completion to be reported more quickly and thus eliminate delays in renewing or obtaining a license when continuing education is required.

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 a streamlined process for reporting completion of MCE courses to TREC. 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 authorize 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.