Part 1.
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
Chapter 1.
ARCHITECTS
Subchapter F. ARCHITECT'S SEAL
22 TAC §§1.101 - 1.104
The Texas Board of Architectural Examiners adopts the repeal
of §§1.101 - 1.104, concerning the architect's seal without changes
to the proposal as published in the March 24, 2000, issue of the
Texas Register
(25 TexReg 2529). These sections set forth the requirements
and restrictions for using the seal and the design of the seal itself.
The sections are being repealed so that new versions may be proposed. The
sections are being adopted without change and the text will not be republished.
The Texas Board of Architectural Examiners did not receive any comments
pertaining to this proposal.
The repeal of these sections is adopted pursuant to Section 3
and Section 5(c) of Article 249a, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 26, 2000.
TRD-200004422
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 16, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 305-8535
Subchapter F. LANDSCAPE ARCHITECT SEAL
22 TAC §§3.101 - 3.106
The Texas Board of Architectural Examiners adopts the repeal
of §§3.101 - 3.106, concerning the landscape architect's seal, without
changes to the proposal as published in the March 24, 2000, issue of the
The sections are being repealed so that new versions may be proposed. The
sections are being adopted without change and the text will not be republished.
The Texas Board of Architectural Examiners did not receive any comments
pertaining to this proposal.
The repeal of these sections is adopted pursuant to Section 4
and Section 8(c) of Article 249c, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 26, 2000.
TRD-200004423
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 16, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 305-8535
Subchapter B. REGISTRATION
22 TAC §5.31
The Texas Board of Architectural Examiners adopts the repeal
of §5.31, concerning the eligibility requirements for interior designer
registration without changes to the proposal as published in the March 24,
2000, issue of the
Texas Register
(25 TexReg
2529). This section sets forth the requirements for registering without taking
the examination and for registering by taking the examination, and sets forth
how education and experience credits will be evaluated.
The section is being repealed so that a new version may be proposed. The
section is being repealed without change and the text will not be republished.
The Texas Board of Architectural Examiners did not receive any comments
pertaining to this proposal.
The repeal of this section is adopted pursuant to Section 5 and
Section 17 of Article 249e, Vernon's Texas Civil Statutes, which provide the
Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 26, 2000.
TRD-200004424
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 16, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 305-8535
22 TAC §§5.111 - 5.114
The Texas Board of Architectural Examiners adopts the repeal
of §§5.111 - 5.114, concerning the interior designer's seal without
changes to the proposal as published in the March 24, 2000, issue of the
The sections are being repealed so that new versions may be proposed. The
sections are being repealed without change and the text will not be republished.
The Texas Board of Architectural Examiners did not receive any comments
pertaining to this proposal.
The repeal of these sections is adopted pursuant to Section 5
and Section 17 of Article 249e, Vernon's Texas Civil Statutes, which provide
the Texas Board of Architectural Examiners with authority to promulgate rules
and take action to enforce them.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 26, 2000.
TRD-200004425
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: July 16, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 305-8535
Chapter 101.
DENTAL LICENSURE
22 TAC §101.7
The State Board of Dental Examiners adopts amendments to
§101.7, Licensure by Credentials, Dentists with changes to the text published
in the February 25, 2000 issue of the
Texas Register
(25 TexReg 1495). The change from the language published is the deletion
of the word "successfully" in new paragraph (8). The rule is amended by adding
a new paragraph (8) requiring that applicants have passed a general dentistry
clinical examination and by adding new paragraph (13) which will require applicants
to submit proof of having completed 12 hours of continuing education in the
twelve months preceding application.
The amended rule provides assurance to the public that all dentists licensed
in Texas, whether by examination or credentials, will have completed continuing
education and will have demonstrated clinical competency.
Applicants for licensure by examination are required to pass a clinical
examination, intended to demonstrate clinical competency. The amended rule
will require that all applicants for licensure by credentials have demonstrated
clinical competency.
Dentists licensed in Texas must apply for annual license renewal. Successful
completion of at least 12 hours of acceptable continuing education is a prerequisite
to renewal. The amended rule requires that applicants for licensure by credentials
meet the same continuing education requirements. The amendment to the rule,
pertaining to continuing education requirements does not take effect until
September 1, 2000.
No comments were received regarding adoption of the proposal.
The amended rule is adopted under Texas Government Code §2001.021
et. seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act, and §256.101 which provides
the Board with the authority to issue a license after a review of credentials.
§101.7.Licensure by Credentials - Dentists.
The State Board of Dental Examiners will license applicants by credentials
upon payment of a fee, in an amount set by the Board, who meet all SBDE and
State of Texas minimum applicant requirements and general licensure qualifications
and all of the following criteria:
(1)
Has graduated from a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association. Dental Schools
so accredited are approved by the State Board of Dental Examiners for purposes
of licensing their graduates of credentials.
(2)
Is currently licensed in good standing in another
state, the District of Columbia, or territory of the United States that has
licensing requirements that are substantially equivalent to the requirements
of the Texas Dental Practice Act.
(3)
Has practiced dentistry:
(A)
For a minimum of five years immediately prior to applying;
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum of five years immediately prior to applying.
(4)
Is endorsed by the state board of dentistry of
the jurisdiction of current practice. Such endorsement is established by providing
a copy under seal of the jurisdiction entity of the current dentist's license
and by a certified statement that he/she has current good standing in said
jurisdiction.
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which applicant is or has been licensed;
(6)
Has taken and passed the jurisprudence examination
administered by the State Board of Dental Examiners within one year immediately
prior to application.
(7)
Has passed a national written examination relating
to dentistry as certified by the American Dental Association Joint Commission
on National Dental Examinations or other examination approved by the SBDE.
(8)
Has passed a state or regional general dentistry clinical
examination.
(9)
Has successfully passed background checks for criminal
or fraudulent activities to include information from the National Practitioner
Data Bank, the Healthcare Integrity and Protection Data Bank and/or the AADE
Clearinghouse for Disciplinary Action;
(10)
Practice experience described in paragraph (3) of
this section must be subsequent to applicant having graduated from a dental
school accredited by the Commission on Dental Accreditation of the American
Dental Association.
(11)
Each candidate for licensure by credentials must
submit to the Credentials Review Committee of the Board the required documents
and information prescribed in this rule and other documents or information
that may be requested to enable the Committee to evaluate appropriately an
application and to make a recommendation to the Board for action on the application.
(12)
Each applicant must show proof of current CPR certification
as required by the Texas Dental Practice Act Chapter 256, Section 256.101.
(13)
Effective September 1, 2000, all applicants must
submit proof of completion of 12 hours of continuing education taken within
the twelve months preceding the date the licensure application is received
by the SBDE. All hours shall be taken in accordance with the provisions as
cited in rule 104.1(5), (6) and (7) (of this title relating to Requirements)
and rule 104.2 of this title (relating to Providers).
(14)
Applications must be delivered to the office of the
State Board of Dental Examiners.
(15)
An application for licensure is filed with the State
Board of Dental Examiners when it is actually received, date-stamped, and
logged-in by the State Board of Dental Examiners along with all required documentation
and fees. An incomplete application for licensure and fee will be returned
to applicant within three working days with an explanation of additional documentation
or information needed.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the
Office of the Secretary of State on June 20, 2000.
TRD-200004334
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: July 10, 2000
Proposal publication date: February 25, 2000
For further information, please call: (512) 463-6400
22 TAC §103.2
The State Board of Dental Examiners adopts amendments to
§103.2, Licensure by Credentials, Dental Hygienists with changes to the
text published in the April 21, 2000 issue of the
Texas Register
(25 TexReg 3358). The change from the language published
is the deletion of the word "successfully" in new paragraph (8). The rule
is amended by adding a new paragraph (8) requiring that applicants have passed
a general dental hygiene clinical examination and by adding new paragraph
(13) which will require applicants to submit proof of having completed 12
hours of continuing education in the twelve months preceding application.
The amended rule provides assurance to the public that all dental hygienists
licensed in Texas, whether by examination or credentials, will have completed
continuing education and will have demonstrated clinical competency.
Applicants for licensure by examination are required to pass a clinical
examination, intended to demonstrate clinical competency. The amended rule
will require that all applicants for licensure by credentials have demonstrated
clinical competency.
Dental hygienists licensed in Texas must apply for annual license renewal.
Successful completion of at least 12 hours of acceptable continuing education
is a prerequisite to renewal. The amended rule requires that applicants for
licensure by credentials meet the same continuing education requirements.
The amendment to the rule, pertaining to continuing education requirements
does not take effect until September 1, 2000.
No comments were received regarding adoption of the proposal.
The amended rule is adopted under Texas Government Code §2001.021
et. seq.; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act, and §256.101 which provides
the Board with the authority to issue a license after a review of credentials.
§103.2.Licensure by Credentials, Dental Hygienists.
The State Board of Dental Examiners will license dental hygiene applicants
by credentials upon payment of a fee, in the amount set by the Board, who
meet all SBDE and State of Texas minimum applicant requirements, general licensure
qualifications, and all of the following criteria:
(1)
Has graduated from a dental hygiene school accredited by
the Commission on Dental Accreditation of the American Dental Association.
Dental Hygiene schools so accredited are approved by the State Board of Dental
Examiners for purposes of licensing their graduates by credentials.
(2)
Is currently licensed in good standing in another
state, the District of Columbia, or territory of the United States, that has
licensing requirements that are substantially equivalent to the requirements
of the Texas Dental Practice Act.
(3)
Has practiced dental hygiene:
(A)
For a minimum of five years immediately prior to applying.
An applicant has practiced dental hygiene for five years if he or she has
been actively engaged in practice for at least 26 weeks in each of the past
five years preceding application.
(B)
As a dental educator at a dental or dental hygiene school
accredited by the Commission on Dental Accreditation of the American Dental
Association for a minimum or five years immediately prior to applying.
(4)
Is endorsed by the state board of dentistry of
the jurisdiction of current practice. Such endorsement is established by providing
a copy under seal of the jurisdictional entity of the current dental hygienist's
license and by a certified statement that he/she has current good standing
in said jurisdiction.
(5)
Has not been the subject of final or pending disciplinary
action in any jurisdiction in which applicant is or has been licensed.
(6)
Has taken and passed the jurisprudence examination
administered by the State Board of Dental Examiners within one year immediately
prior to application.
(7)
Has passed a national written examination relating
to dental hygiene as certified by the American Dental Association Joint Commission
on National Dental Examinations or other examination approved by the SBDE.
(8)
Has passed a state or regional general dental hygiene
clinical examination.
(9)
Is reputable, as demonstrated by at least two letters
of character reference which have been notarized.
(10)
Practice experience described in paragraph (3) of
this section must be subsequent to applicant having graduated from a dental
hygiene school accredited by the Commission on Dental Accreditation of the
American Dental Association.
(11)
Each candidate for licensure by credentials must
submit to the Credentials Review Committee of the Board the required documents
and information prescribed in this rule and other documents or information
that may be requested to enable the Committee to evaluate appropriately an
application and make a recommendation to the Board for action on the application.
(12)
Each applicant must show proof of current CPR certification
as required by the Texas Dental Practice Act, Chapter 256, §256.101.
(13)
Effective September 1, 2000, all applicants must
submit proof of completion of 12 hours of continuing education taken within
the 12 months preceding the date the licensure application is received by
the SBDE. All hours shall be taken in accordance with the provisions as cited
in §104.1(5), (6) and (7)of this title (relating to Requirements) and
§104.2 of this title (relating to Providers).
(14)
Applications must be delivered to the office of the
State Board of Dental Examiners.
(15)
An application for licensure is filed with the State
Board of Dental Examiners when it is actually received, date-stamped, and
logged-in by the State Board of Dental Examiners along with all required documentation
and fee. An incomplete application for licensure and fee will be returned
to applicant within three working days with an explanation of additional documentation
or information needed.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the
Office of the Secretary of State on June 20, 2000.
TRD-200004335
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: July 10, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 463-6400
Subchapter C. ADMINISTRATIVE PENALTIES
22 TAC §107.400
The State Board of Dental Examiners adopts the repeal of
§107.400, Reportable Disciplinary Action without changes to the text
published in the April 21, 2000 issue of the
Texas
Register
(25 TexReg 3358).
Rule 107.400 was adopted, effective June 1998, to provide a mechanism whereby
certain licensees with a board order on record could request that the State
Board of Dental Examiners no longer include information in its licensing database
concerning the board order. Upon request from a qualified licensee, one who
has only one board order at least three years old where no injury occurred,
the reference in the database to the order would have been removed, even though
the order itself would remain in board records. The Board determined that
since the rule only removed a reference to disciplinary actions, and not the
order itself, the rule should be repealed as the public's interest in accurate
information about licensees is not served by the rule.
No comments were received regarding the repeal of the rule.
The repeal is adopted under Texas Government Code §2001.021
et.seq; Texas Civil Statutes, the Occupations Code §254.001 which provides
the State Board of Dental Examiners with the authority to adopt and promulgate
rules consistent with the Dental Practice Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the
Office of the Secretary of State on June 20, 2000.
TRD-200004336
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Effective date: July 10, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 463-6400
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC, SUBSTANTIVE RULES
22 TAC §203.6
The Texas Funeral Service Commission adopts an amendment
to §203.6 without changes to the proposed text as published in the April
28, 2000, issue of the
Texas Register
(25
TexReg 3692).
The Texas Funeral Service Commission adopts an amendment to change the
language regarding the requirement of the minimum length of time required
of the provisional licensure program to be completed to be eligible to take
the oral exit interview. The provisional licensee is required to complete
twelve consecutive months of training to be eligible to become a licensed
embalmer and/or funeral director. The provisional licensee will now be required
to complete the apprenticeship to be eligible to take the oral exit interview.
The minimum length of time indicated "12 months" is being added and the minimum
length of time "10 months" is being deleted.
No comments were received regarding adoption of this rule change.
The amendment is adopted under §651.152 of the Texas Occupation
Code, as amended by §18 of House Bill 3516, 76th Legislature, which authorizes
the Commission to issue such rules and regulations as may be necessary to
effect the intent of the provisions of this Section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 20, 2000.
TRD-200004333
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: July 10, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 936-2474
Chapter 465.
RULES OF PRACTICE
22 TAC §465.38
The Texas State Board of Examiners of Psychologists adopts
an amendment to §465.38, concerning Psychological Services in the Schools,
without changes to the proposed text as published in the May 12, 2000, issue
of the
Texas Register
(25 TexReg 4273).
The rule is being amended to reorganize and clarify for licensees that
state and federal statutes supercede Board rules.
The amended rule will make the rule easier for licensees and the general
public to follow and understand.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, 4512c, which
provide the Texas State Board of Examiners of Psychologists with the authority
to promulgate rules consistent with the Statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004398
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: July 12, 2000
Proposal publication date: May 12, 2000
For further information, please call: (512) 305-7700
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.51, concerning general requirements for licensure, with changes
to the proposed text as published in the May 19, 2000, issue of the
The amendment requires a person to obtain an evaluation from TREC of the
education completed by the person prior to filing an application for a real
estate broker or real estate salesperson license. The amendment also adopts
by reference two application forms which would be revised to reflect the change
in filing procedures. Adoption of the amendment is necessary to reduce the
number of applications rejected by TREC for failure to satisfy education requirements
and to permit an application to be filed electronically after an education
evaluation has been performed.
No comments were received regarding the proposal. At the suggestion of
TREC staff, however, the commission added a provision to §535.51 which
requires a person who has begun an application by accessing the TREC website
and paying the application fee electronically to complete the application
process within 60 days by filing a printed copy of the application, signed
by the applicant and any sponsoring broker, along with a photograph of the
applicant. Failure to provide this documentation would authorize the termination
of the application. This change is necessary to clarify application procedures
and ensure that the required signatures and photograph of the applicant are
obtained in a timely fashion. The change is consistent with the existing section,
which authorizes termination of an application if the applicant fails to provide
documentation within 60 days after a request from the commission.
The amendment is adopted 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.
§535.51.General Requirements.
(a)
A person who wishes to be licensed by the commission must
file an application for the license on the form adopted by the commission
for that purpose. Prior to filing the application, the applicant must pay
the required fee for evaluation of the education completed by the person and
must obtain a written response from the commission showing the applicant meets
current education requirements for the license.
(b)
If the commission develops a system whereby a person may
electronically file an application for a license, a person who has previously
satisfied applicable education requirements and obtained an evaluation from
the commission also may apply for a license by accessing the commission's
Internet web site, entering the required information on the application form
and paying the appropriate fee in accordance with the instructions provided
at the site by the commission. Within 60 days after paying the fee, the applicant
must complete the application process by submitting a printed copy of the
application signed by the applicant and any sponsoring broker and including
a photograph of the applicant. If the applicant does not complete the application
process as required by this subsection, the commission shall terminate the
application.
(c)
The commission shall return applications to applicants
or the sponsoring broker (in the case of an application for an active salesperson
license) when it has been determined that the application fails to comply
with one of the following requirements.
(1)
The applicant is not 18 years of age.
(2)
The applicant does not meet any applicable residency
requirement.
(3)
An incorrect filing fee or no filing fee is received.
(4)
The application is submitted in pencil.
(5)
The applicant is not a citizen of the United States
or a lawfully admitted alien.
(6)
The applicant has not obtained an evaluation from
the commission showing the applicant meets education requirements or experience
requirements have not been satisfied.
(d)
An application is considered void and is subject to no
further evaluation or processing when one of the following events occurs:
(1)
the applicant fails to satisfy an examination requirement
within six months from the date the application is filed;
(2)
the applicant, having satisfied any examination requirement,
fails to submit a required fee within sixty (60) days after the commission
makes written request for payment;
(3)
the applicant, having satisfied any examination requirement,
fails to provide information or documentation within sixty (60) days after
the commission makes written request for correct or additional information
or documentation.
(e)
The commission adopts by reference the following forms
approved by the commission which are published by and available from the Texas
Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188:
(1)
Application for a Real Estate Broker License, TREC Form
BL-6;
(2)
Application for a Real Estate Broker License by a
Corporation, TREC Form BLC-3;
(3)
Application for Late Renewal of A Real Estate Broker
License, TREC Form BLR-5;
(4)
Application for Late Renewal of Real Estate Broker
License Privileges by a Corporation, TREC Form BLRC-3;
(5)
Application for Real Estate Salesperson License, TREC
Form SL-6 ;
(6)
Application for Late Renewal of Real Estate Salesperson
License, TREC Form SLR-5;
(7)
Application for Moral Character Determination, TREC
Form MCD-2;
(8)
Application for Real Estate Broker License by a Limited
Liability Company, TREC Form BLLLC-2;
(9)
Application of Currently Licensed Real Estate Broker
for Salesperson License, TREC Form BSL-2; and
(10)
Application for Late Renewal of a Real Estate Broker
License by a Limited Liability Company, TREC Form BLRLLC-1.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004378
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 465-3900
22 TAC §535.64
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.64, concerning accreditation of schools, without changes to the
proposed text as published in the April 28, 2000, issue of the
Texas Register
(25 TexReg 3693).
The amendment permits a currently accredited school to apply for accreditation
for a new five-year period without providing detailed financial information
if the school has provided the statutory surety bond or its equivalent and
there are no unsatisfied final money judgments against the school. Adoption
of the amendment is necessary to simplify the accreditation process for existing
schools that have provided the statutory bond for the protection of their
students and have no unsatisfied final money judgments against them.
No comments were received regarding the proposal.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004379
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: July 12, 2000
Proposal publication date: April 28, 2000
For further information, please call: (512) 465-3900
22 TAC §§535.91, 535.92, 535.94, 535.95
The Texas Real Estate Commission (TREC) adopts amendments
to §§535.91, 535.92, 535.94, 535.95. Section 535.91, concerning
renewal applications, is adopted with changes to the proposed text as published
in the April 21, 2000, issue of the
Texas Register
(25 TexReg 3360). Section 535.92, concerning satisfaction of mandatory
continuing education requirements (MCE), §535.94, concerning hearings
on application disapprovals and §535.95, concerning miscellaneous license
renewal provisions, are being adopted without changes to the proposed text.
The amendment to §535.91 rewrites the section for clarity. The amendment
also requires inactive licensees to provide a permanent mailing address, rather
than a residence address, at the time of becoming inactive. In the event a
licensee fails to provide the address, the last known mailing address provided
by of the licensee will be presumed to be the permanent mailing address for
the licensee. As adopted, the section was revised to provide that it is the
last known mailing address given by the licensee, rather than a former business
address, that will be used by TREC as a permanent mailing address for the
licensee. This change was necessary to ensure that communications to inactive
licensees would be sent to an address specified by the licensee, rather than
to an address that might be the address of another licensee or former sponsoring
broker. The amendment also specifies that licensees must provide information
requested by the commission in connection with a renewal within 30 days after
receiving a request for the information. The renewal application form has
been revised for entry of the licensee's permanent mailing address, and space
has been added to permit licensees to furnish daytime telephone numbers or
e-mail addresses on an optional basis to permit the TREC staff to communicate
with them more readily.
The amendment to §535.92 rewrites the section for brevity and adds
a provision under which licensees may renew their licensees using the TREC
Internet web site. If a course is taken to satisfy the continuing education
requirements of another state, the amendment permits the course to be used
to satisfy MCE requirements in Texas only if the licensee holds an active
license in the other state, the course is approved for real estate continuing
education credit by the other state, and, if the course is offered by correspondence,
the course was offered by an accredited college or university. The amendment
also clarifies that real estate inspection courses and core real estate courses
at least 30 hours in length are acceptable to meet MCE requirements for renewal
of a license.
The amendment to §535.94 broadens the section to encompass persons
seeking registration as an easement or right-of-way agent and adds a reference
to the Administrative Procedure Act. Language has been added to clarify that
renewal of a probationary license may be subject to satisfaction of educational
requirements.
The amendment to §535.95 extends the application of the section to
include easement or right-of-way agents registered with TREC, widens the scope
of the military duty exception to defer any education that would have been
required for timely renewal of the serviceperson's license and provides a
reference to the Administrative Procedure Act.
Adoption of the amendments is necessary to enhance TREC's ability to communicate
with its licensees, update and shorten the sections, and make them consistent
with regard to the acceptance of educational course work submitted by licensees.
No comments were received regarding the proposal.
The amendments are adopted 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.
§535.91.Renewal Applications.
(a)
Each real estate license expires on the date shown on the
face of the license certificate issued to the licensee. The licensee has the
responsibility to apply for renewal of a license by making proper application,
paying the fee set by the commission and completing mandatory continuing education
(MCE) courses within the time periods required by the Act, §7A. The commission
shall mail a renewal application form to the licensee's last known business
address or, if the licensee is in an inactive status, to the licensee's last
known permanent mailing address as shown in the commission's computerized
records. An inactive licensee shall furnish a permanent mailing address at
the time the licensee becomes inactive and report all subsequent address changes
within 10 days after a change of address. If a licensee fails to provide a
permanent mailing address at the time the licensee's license status becomes
inactive, the last known mailing address provided by the licensee will be
deemed to be the licensee's permanent mailing address. Applications must be
made on the current renewal application form approved by the commission accompanied
by the required fee. Failure to receive a license renewal application form
does not relieve a licensee of the obligation to obtain the appropriate form
and to apply for renewal of a license. A licensee shall provide information
requested by the commission in connection with an application to renew a license
within 30 days after the commission requests the information. Failure to provide
information requested by the commission in connection with a renewal application
within the required time is grounds for disciplinary action under the Act,
§15B(b).
(b)
The Texas Real Estate Commission adopts by reference Renewal
Application Form 1-3, approved by the commission in 2000. This form is published
by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin,
Texas 78711-2188.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004381
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.93
The Texas Real Estate Commission (TREC) adopts the repeal
of §535.93, concerning possession of a license as a prerequisite to acting
as a real estate agent, without changes to the proposed text as published
in the April 21, 2000, issue of the
Texas Register
(25 TexReg 3363).
Repeal of the section is necessary for TREC to complete the rule review
process that identifies unnecessary rules. The repealed section merely restates
a statutory prohibition against an applicant's acting as a real estate agent
prior to possessing a license issued by TREC.
No comments were received regarding the proposal.
The repeal is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004380
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.101, concerning fees, without changes to the proposed text as
published in the April 21, 2000, issue of the
Texas
Register
(25 TexReg 3363).
The amendment is necessary to conform the section with TREC's existing
practice of not charging for address changes reported when a licensee renews
a license and to eliminate unnecessary provisions regarding payment of fees
by schools accredited by TREC. The amendment also clarifies that TREC may
request written proof to confirm a licensee's change of name.
No comments were received regarding the proposal.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004382
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.111
The Texas Real Estate Commission (TREC) adopts the repeal
of §535.111, concerning use of a residence as a real estate broker's
office, without changes to the proposed text as published in the April 21,
2000, issue of the
Texas Register
(25 TexReg
3364).
Because the section merely paraphrases a statutory provision, it is unnecessary
and has been repealed to reduce the volume of TREC's rules.
No comments were received regarding the proposal.
The repeal is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2000.
TRD-200004383
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 465-3900
Chapter 3.
LANDSCAPE ARCHITECTS
Chapter 5.
INTERIOR DESIGNERS
Subchapter F. THE INTERIOR DESIGNER'S SEAL
Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 103.
DENTAL HYGIENE LICENSURE
Chapter 107.
DENTAL BOARD PROCEDURES
Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Part 23.
TEXAS REAL ESTATE COMMISSION
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
Subchapter I. LICENSES
Subchapter J. FEES
Subchapter K. PLACE OF BUSINESS