The Texas Real Estate Commission (TREC) proposes amendments to §535.61 concerning examinations, §535.62 concerning acceptable courses of study, §535.63 concerning education and experience requirements for a license, §535.64 concerning accreditation of schools and approval of courses and instructors; §535.65 concerning changes in ownership or operation of school; presentation of courses, advertising, and records, and §535.66 concerning payment of annual fee, audits, investigations and enforcement actions. The amendments change the cites to the relevant statutory provisions in Chapter 1101, Texas Occupations Code. House Bill 2813, 77th Legislature (2001), added Chapter 1101, a nonsubstantive codification of The Real Estate License Act (the Act), and repealed Article 6573a, Texas Civil Statutes effective June 1, 2003. The amendment to §535.64(g) is proposed in connection with the passage of H.B. 1508 by the 78th Legislature (2003), setting the maximum fee for application for real estate instructor and proposes to adopt by reference a revised application form to reflect an instructor application fee of $25. The amendment to §535.65(i) permits a school to provide a roster of students who take alternate delivery method courses 10 days after the end of the month in which the course was taken. The amendments are also proposed in connection with TREC's on-going review of its rules and are generally intended to update and to clarify the rules concerning education, experience, educational programs, time periods and type of license.

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 clarification of the underlying statutory authority for the rules and to update a form to reflect a change in fees authorized by recent legislative amendments to the Act. 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 amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act to insure compliance with the provisions of the Act.

The statute affected by this proposal is Texas Occupations Code, Chapter 1101.

No other statute, code or article is affected by the proposed amendments.