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 permits guest speakers to make a presentation for up to three hours in any TREC-approved MCE course. The TREC-approved instructor of the course must remain in the classroom during the guest speaker's presentation and only one guest speaker per course period will be permitted. At his or her discretion, the course instructor may invite a subject-matter expert to speak for up to one hour in an MCE course without seeking approval from TREC. If the speaker is engaged for more than one hour (not to exceed 3 hours), TREC must receive a resume or other pertinent biographical information on the speaker prior to the date of the course. In all instances, the MCE course being delivered must be TREC-approved in advance. Guest speakers must observe the general outline of the approved course in choosing their topic. However, this would not preclude the speaker from discussing case studies, personal experiences, etc. in the context of the overall pre-approved course outline.

Loretta R. DeHay, 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 as a result of enforcing or administering the section. 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 section.

Ms. DeHay 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 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 section.

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 amendments are 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, to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act or to insure compliance with the provisions of the Act.

The statute affected by this proposal is Texas Civil Statutes, Article 6573a.