The Texas Real Estate Commission (TREC) proposes an amendment to §535.71 concerning approval of mandatory continuing education (MCE) providers, courses and instructors. The amendment to §535.71 proposes to adopt by reference a revised form, MCE 9-5, Alternative Instructional Methods Reporting Form, which is used by the provider and the student to report the student's passing of the examination and successful completion of the course. Additional language is proposed to the student's representation to indicate that the student worked independently in completing an examination associated with a course offered by correspondence or alternative delivery method. The amendment to §535.72 updates a reference to the revised reporting form. Adoption of the amendments to §535.71 and to §535.72 is necessary to avoid confusion in the reporting of completion of courses offered by correspondence or alternative delivery method and to clarify a student's obligation to work independently on a course examination.

Loretta R. DeHay, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state as a result of enforcing or administering the sections. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Ms. DeHay also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be an enhancement of the educational process for schools and instructors. There is no anticipated economic cost to persons who are required to comply with the proposed sections.

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

The new sections are 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 that is affected by this proposal is Texas Civil Statutes, Article 6573a.