PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 71. APPLICATIONS AND APPLICANTS
22 TAC §71.15
The Texas Board of Chiropractic Examiners (Board)
proposes new §71.15, relating to recognized specialties, to list
the specialty in chiropractic radiology approved by the Board at its
meeting on February 26, 2009, and to set forth the qualifications
and continuing education requirements for this specialty. At this
time, the Board is not imposing a fee for specialties.
Mr. Glenn Parker, Executive Director of the Texas Board of Chiropractic
Examiners, has determined that for each year of the first five years
that this rule will be in effect there will be no additional cost
to state or local governments.
Mr. Parker has also determined that for each year of the first
five years that this rule will be in effect that the public benefit
of this rule will be greater clarity in the qualifications of chiropractic
radiologists. Mr. Parker has also determined that there will be no
adverse economic effect to individuals, small or micro businesses
during the first five years that this rule will be in effect as this
rule imposes no burdens.
Comments on the proposed rule and/or a request for a public hearing
on the proposed rule may be submitted to Glenn Parker, Executive Director,
Texas State Board of Chiropractic Examiners, 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than
30 days from the date that this amendment is published in the Texas Register.
The new rule is proposed under Texas Occupations Code §201.152,
relating to rules. Section 201.152 authorizes the Board to adopt rules
necessary to regulate the practice of chiropractic.
No other statutes, articles, or codes are affected by the proposed rule.
§71.15.Recognized Specialties.
The following chiropractic specialties have been approved by
the board: Chiropractic Radiology.
(1) Requirements: Diplomate, American Chiropractic
Board of Radiology
(2) Continuing education requirements:
(A) Sixty continuing education credits over a period
of five years in the field of diagnostic imaging;
(B) Successfully completing an American Chiropractic
Board of Radiology certification examination; or
(C) Another manner recognized and approved by the American
Chiropractic Board of Radiology.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 10, 2009.
TRD-200902328
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 305-6901
22 TAC §76.21
The Texas Board of Chiropractic Examiners (Board)
proposes new §76.21, relating to extensions of time, to delegate
to the Executive Director the authority to enter into agreements to
modify time limits as provided under the Administrative Procedure
Act (APA), Texas Government Code §2001.147. This new rule will
allow the Board to better coordinate the presentation of proposed
decisions in contested cases at the regularly scheduled quarterly
meetings of the Board.
Mr. Glenn Parker, Executive Director of the Texas Board of Chiropractic
Examiners, has determined that for each year of the first five years
that this rule will be in effect there will be no additional cost
to state or local governments.
Mr. Parker has also determined that for each year of the first
five years that this rule will be in effect that the public benefit
of this rule will be better coordination of the timely presentation
of proposals for decision to the Board. Mr. Parker has also determined
that there will be no adverse economic effect to individuals, small
or micro businesses during the first five years that this rule will
be in effect. This rule will only affect the scheduling of an existing
contested case.
Comments on the proposed rule and/or a request for a public hearing
on the proposed rule may be submitted to Glenn Parker, Executive Director,
Texas State Board of Chiropractic Examiners, 333 Guadalupe St., Tower
III, Suite 825, Austin, TX 78701, (512) 305-6705 fax, no later than
30 days from the date that this amendment is published in the Texas Register.
The new rule is proposed under Texas Occupations Code §201.152,
relating to rules, and §201.501, relating to disciplinary powers
of the Board. Section 201.152 authorizes the Board to adopt rules
necessary to regulate the practice of chiropractic. Section 201.501(d)
provides that the Board's disciplinary proceedings are governed by
the APA, Texas Government Code Chapter 2001.
No other statutes, articles, or codes are affected by the proposed rule.
§76.21.Extensions of Time.
The Executive Director may enter into an agreement with parties
to a contested case to modify time limits as provided under the Administrative
Procedure Act, Texas Government Code §2001.147.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 10, 2009.
TRD-200902329
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 305-6901
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) proposes
amendments to §535.51, concerning General Requirements. The amendments
would correct and clarify the requirements for obtaining an education
evaluation and submitting an application for licensure. The proposed
amendments also include stylistic changes to improve readability and
restore to subsection (e) (relettered as subsection (f)) text that
was inadvertently omitted at the time of the last amendments to this
section.
The proposed amendments also change the fee schedule on the late
renewal application forms adopted by reference to reflect an increase
in late renewal fees from $45 to $51 for the annual late renewal of
a real estate salesperson or broker license for a person whose license
has been expired 90 days or less; and late renewal fee from $60 to
$68 for the annual late renewal of a real estate salesperson or broker
license for a person whose license has been expired more than 90 days
but less than one year. The fee increases are concurrently being proposed
in amendments to §535.101. The 81st Legislature in the 2010-2011
General Appropriations Act and riders thereto approved budget appropriations
for the commission contingent on those appropriations being paid through
fee collections.
The proposed amendments also change the fee schedule on the salesperson
original application, late renewal application forms, and the broker
step down application form adopted by reference to reflect an increase
in the fee paid by such applicants to the Real Estate Center from
$17.50 to $20. The fee was increased during the 81st Legislative Session,
Regular Session, by Senate Bill 862 which amended Texas Occupations
Code §1101.152.
Devon V. Bijansky, Assistant General Counsel, has determined that
for the first five-year period the amendments are 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 amendments.
There is no anticipated economic cost to persons who are required
to comply with the proposed amendments. There is no anticipated impact
on small businesses, micro-businesses or local or state employment
as a result of implementing the amendments.
Ms. Bijansky also has determined that, for each year of the first
five years the amendments as proposed are in effect, the public benefit
anticipated as a result of enforcing the amendments will be increased
clarity for applicants regarding the requirements for licensure.
Comments on the proposal may be submitted to Devon V. Bijansky,
Assistant 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 purpose and intent of the Act to ensure 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.
§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. [
(b) Prior to submitting
an application, an applicant must submit a completed education evaluation
request form along with the appropriate fee. If the commission determines
that the applicant has met current education requirements for the
applicable license, it shall notify the applicant that his or her
education has been approved. Any such approval shall then remain valid
for one year from the date the commission received the education evaluation
request. If the commission determines that the applicant has not completed
all required education, the applicant has until one year from the
date the commission received the request to meet all education requirements
and submit an application for licensure or the education evaluation
request will expire. If the education requirements change while the
education evaluation request is pending, any evaluation issued by
the commission after the new requirements take effect will be based
on then-current requirements. If the education requirements change
after the commission has notified the applicant that his or her education
satisfies the commission's requirements but before the applicant submits
an application, the applicant must meet any additional education requirements
before the application will be processed.
(c) [
(d) [
(1) [
(2) [
(3) is not a citizen of the United States or a
lawfully admitted alien; [
(4) submits the application [
(5) submits an incorrect filing fee or no filing
fee; or [
(6) has not satisfied applicable education requirements. [
(e) [
(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;
(4) the applicant fails to provide fingerprints to
the Department of Public Safety within six months from the date the
application is filed.
(f) [
(1) Application for a Real Estate Broker License, TREC Form BL-9;
(2) Application for a Real Estate Broker License by
a Corporation, TREC Form BLC-6;
(3) Application for Late Renewal of A Real Estate Broker
License, TREC Form BLR-10 [
(4) Application for Late Renewal of Real Estate Broker
License by a Corporation, TREC Form BLRC-7 [
(5) Application for Real Estate Salesperson License,
TREC Form SL-13 [
(6) Application for Late Renewal of Real Estate Salesperson
License, TREC Form SLR-11 [
(7) Application for Moral Character Determination,
TREC Form MCD-6;
(8) Application for Real Estate Broker License by a
Limited Liability Company, TREC Form BLLLC-6;
(9) Application of Currently Licensed Real Estate Broker
for Salesperson License, TREC Form BSL-8 [
(10) Application for Late Renewal of a Real Estate
Broker License by a Limited Liability Company, TREC Form BLRLLC-7 [
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902386
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
22 TAC §535.64, §535.66
The Texas Real Estate Commission (TREC) proposes
amendments to §535.64, concerning Accreditation of Schools and
Approval of Courses and Instructors, and §535.66, concerning
Payment of Annual Fee, Audits, Investigations and Enforcement Actions.
The amendments would reduce the period of accreditation of schools
from five years to two years in order to better implement the statutory
requirement that schools demonstrate a 55% examination passage rate
to renew their accreditation. The proposed rules also define how a
school's passage rate will be calculated and published by the commission
and clarify that the commission will consider a number of factors
in determining whether to renew the accreditation of a school with
a pass rate below 55%. The amendments would also update the Education
Provider Application, form ED 1-0, to form ED 1-1 to reflect a revised
fee for a two-year accreditation instead of a 5-year accreditation
plus annual fees. Elsewhere in this issue, proposed amendments to §535.101
would change the accreditation fee to $480 for a two-year period,
incorporating the previous $400 fee for a 5-year accreditation and
the $200 annual fee paid at the beginning of years 2-5 of the accreditation
period. The amendments would eliminate the annual fee for schools
that are accredited for a 2-year period but retains the annual fee
for the duration of any remaining 5-year accreditation periods. Last,
the amendments propose to adopt a revised application for instructor
approval pursuant to changes to requirements to teach the required
legal update and ethics courses, proposed elsewhere in this issue
in §535.71.
Devon V. Bijansky, Assistant General Counsel, has determined that
for the first five-year period the amendments are 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 amendments.
There is no anticipated economic cost to persons who are required
to comply with the proposed amendments. There is no anticipated impact
on small businesses, micro-businesses or local or state employment
as a result of implementing the amendments.
Ms. Bijansky also has determined that, for each year of the first
five years the amendments as proposed are in effect, the public benefit
anticipated as a result of enforcing the amendments will be compliance
with the statutory requirement to consider examination pass rate in
reaccrediting real estate schools and greater efficiency in regulating
these schools.
Comments on the proposal may be submitted to Devon V. Bijansky,
Assistant 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 purpose and intent of the Act to ensure 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.
§535.64.Accreditation of Schools and Approval of Courses and Instructors.
(a) - (c) (No change.)
(d) Approval of application for accreditation. If it
determines that the applicant meets the standards for accreditation
and has furnished the bond or other acceptable security required by
the Act, §1101.302, the commission shall approve the application
and provide a written notice of the accreditation to the applicant.
Unless surrendered or revoked for cause, the accreditation will be
valid for a period of two [
(e) Subsequent application for accreditation. No more
than six months prior to the expiration of its current accreditation,
a school may apply for accreditation for another two-year [
(1) - (3) (No change.)
(4) A school's passage
rate will be calculated and published quarterly by dividing the number
of that school's graduates, as defined in paragraph (2) of this subsection,
who passed the examination on their first attempt in the two-year
period ending on the last day of the previous quarter by the total
number of the school's graduates who took the exam for the first time
in the same period. If a school offers courses toward multiple license
types, the exam results for that school will be calculated and posted
by license type and aggregated into the school's overall passage rate
for that period. The passage rate that will be used to determine whether
the accreditation standard has been met is the most current aggregate
rate published by the commission as of the date the commission receives
the timely application for reaccreditation or, if the accreditation
expired before being renewed, the most recent rate published by the
commission as of the expiration date of the school's accreditation.
(5) In determining whether
a school qualifies for reaccreditation based on its examination passage
rate, the commission or a committee established pursuant to Texas
Occupations Code §1101.305 shall consider multiple factors, including
the separate passage rates for sales, broker, and inspector applicants
and trends within the school's passage rate over the course of the
two-year accreditation period.
(f) (No change.)
(g) Forms. The Texas Real Estate Commission adopts
by reference the following forms approved by the commission. These
documents are published by and available from the Texas Real Estate
Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us.
(1) Form ED 1-1 [
(2) - (3) (No change.)
(4) Form ED 4-2 [
(5) - (7) (No change.)
(h) (No change.)
(i) Standards for instructor approval. The application
for commission approval of an instructor must be filed on forms adopted
by the commission. To be approved as an instructor, a person must
satisfy the commission as to the person's competency in the subject
matter to be taught and ability to teach effectively. Each instructor
must also possess the following qualifications:
(1) a college degree in the subject area or five years
professional experience in the subject area[
[
(2) [
(j) - (o) (No change.)
§535.66.Payment of Annual Fee, Audits, Investigations and Enforcement Actions.
(a) Payment of annual fee. A school that is within
a five-year accreditation period shall pay the fee prescribed
by § [
(b) - (g) (No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902385
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
22 TAC §535.71
The Texas Real Estate Commission (TREC) proposes
amendments to §535.71, concerning Mandatory Continuing Education:
Approval of Providers, Courses and Instructors. The amendments to §535.71
add the TREC web site address to subsection (d) concerning availability
of forms and adopts by reference MCE Form 16-1 which has been revised
for use as an instructor application for MCE elective courses only.
The amendments to §535.71 also change the requirements for approval
of instructors of Mandatory Continuing Education required legal update
and ethics courses. Currently instructors of such courses meet minimum
requirements by certifying attendance at an instructor training course.
The amendments would require persons to have a college degree in the
subject area of real estate or five years professional experience
in the subject areas of Principles of Real Estate, Law of Agency,
and Law of Contracts; and three years experience in teaching or training;
or the equivalent of those requirements as determined by the commission.
Loretta R. DeHay, General Counsel, has determined that for the
first five-year period the amendments are 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 amendments. There is
no anticipated impact on small businesses, micro-businesses or local
or state employment as a result of implementing the amendments.
Ms. DeHay also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit
anticipated as a result of enforcing the amendments will be better
qualified instructors of required MCE legal courses. There is no anticipated
economic cost to persons who are required to comply with the proposed
amendments other than the costs of obtaining copies of the forms,
which would be available at no charge through the TREC web site.
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 adopt and enforce
rules necessary to administer Chapter 1101; and to establish standards
of conduct and ethics for its licensees to fulfill the purposes of
Chapter 1101 and ensure compliance with Chapter 1101.
The statute affected by this proposal is Texas Occupations Code,
Chapter 1101. No other statute, code or article is affected by the
proposed amendments.
§535.71.Mandatory Continuing Education: Approval of Providers, Courses and Instructors.
(a) - (c) (No change.)
(d) Forms. The commission adopts by reference the following
forms published and available from the commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.trec.state.tx.us:
(1) - (12) (No change.)
(13) MCE Form 16-1 [
(e) - (p) (No change.)
(q) Instructor certification. Only instructors certified
by the commission may teach the required legal courses or develop
distance learning courses for the presentation of required legal courses.
An instructor must obtain prior commission approval under subsection
(r) [
(r) Standards for approval
of instructors of required legal courses. Prior to attending an instructor
training course, a person must obtain commission approval to be an
instructor using Form ED 4-2, Instructor Application - Core, Legal
Update, and Ethics, adopted by the commission. To be approved as an
instructor of a required legal update or ethics course, a person must
possess the following qualifications:
(1) a college degree in the subject area
of Real Estate, or five years professional experience in the subject
areas of Principles of Real Estate, Law of Agency, and Law of Contracts; and
(2) three years experience in teaching or training; or
(3) the equivalent of paragraphs (1) and
(2) of this subsection as determined by the commission after due consideration
of the applicant's professional experience, research, authorship or
other significant endeavors in the subject area.
(s) Approval of instructor.
If the commission determines that the applicant meets the standards
for instructor approval, the commission shall approve the application
and provide a written notice of the approval to the applicant. Unless
surrendered or revoked for cause, the approval will be valid for a
period of five years.
(t) [
(u) [
(v) [
(w) [
(x) [
(y) [
(z) [
(1) the course must be offered by a college or university
accredited by a regional accrediting association, such as the Commission
on Colleges of the Southern Association of Colleges and Schools, or
its equivalent, which offers correspondence courses, whether credit
or noncredit, in other disciplines;
(2) the content of the course must satisfy the requirements
of the Act, §1101.455, and these sections; and
(3) the course does not include a request for required
legal course credit.
(aa) [
(1) the content of the course must satisfy the requirements
of the Act, §1101.455, and these sections;
(2) the course does not include a request for required
legal course credit; and
(3) every provider offering a registered course under
this subsection shall:
(A) ensure that a qualified person is available to
answer students' questions or provide assistance as necessary;
(B) provide that procedures are in place to ensure
that the student who completes the work is the student who is enrolled
in the course; and
(C) certify students as successfully completing the
course only if the student:
(i) has completed all instructional modules; and
(ii) has attended any hours of live instruction and/or
testing required for a given course.
(bb) [
(1) the course must be offered by a college or university
accredited by a regional accrediting association, such as the Commission
on Colleges of the Southern Association of Colleges and Schools, or
its equivalent, which offers correspondence courses, whether credit
or noncredit, in other disciplines;
(2) the content of the course must satisfy the requirements
of the Act, §1101.455 and these sections, and must be substantially
similar to the legal courses disseminated and updated by the Commission;
(3) students receiving MCE credit for the course must pass either:
(A) a proctored final examination administered under
controlled conditions to positively identified students, at a location
and by an official approved by the commission and graded by the instructor
or, if the examination is being graded mechanically or by use of a
computer, by the provider, using answer keys approved by the instructor
or provider; or
(B) an examination by use of a computer under conditions
that satisfy the commission that the examinee is the same person who
seeks MCE credit; and
(4) written course work required of students must be
graded by an approved instructor or the provider's coordinator or
director, who is available to answer students' questions or provide
assistance as necessary, using answer keys approved by the instructor
or provider.
(cc) [
(1) course description;
(2) learning objectives;
(3) evaluation techniques;
(4) lessons;
(5) learning activities;
(6) final examination;
(7) source materials disseminated by the Commission
including all updates; and
(8) instructor grading guidelines, including acceptable
answers for lessons, assessments and examinations.
(dd) [
(1) The content of the course must satisfy the requirements
of the Act, §1101.455 and these sections, and must be substantially
similar to the legal courses disseminated and updated by the Commission.
(2) Every course accepted under this subsection shall
teach to mastery. Teaching to mastery means that the course must,
at a minimum:
(A) divide the material into major units of instruction
that follows the outline of the applicable required legal course for
delivery on a computer or other approved interactive audio or audiovisual
programs;
(B) specify the learning objectives for each unit of instruction;
(C) specify an objective, quantitative criterion for
mastery used for each learning objective;
(D) implement a structured learning method by which
each student is able to attain each learning objective;
(E) provide a means of diagnostic assessment of each
student's performance on an ongoing basis during each unit of instruction,
measuring what each student has learned and not learned at regular
intervals throughout each unit of instruction;
(F) provide a means of tailoring the instruction to
the needs of each student as identified in subparagraph (D) of this
paragraph. The process of tailoring the instruction shall ensure that
each student receives adequate remediation for specific deficiencies
identified by the diagnostic assessment;
(G) continue the appropriate remediation on an individualized
basis until the student demonstrates achievement of mastery of each unit; and
(H) require that the student demonstrate mastery of
all material covered by the learning objectives for the module before
the module is completed.
(3) The commission must approve the method by which
each of the above elements of mastery in paragraph (2)(A) - (H) of
this subsection is accomplished.
(4) The rationale for the education processes implemented
in the course must be based on sound instructional strategies which
have been systematically designed and proven effective through educational
research and development. The basis and rationale for any proposed
instructional approach must be specified in the application for approval.
Programs which consist primarily of text material will not be approved.
(5) An approved instructor or the provider's coordinator/director
shall grade the written course work.
(6) Every provider offering an approved course under
this subsection shall:
(A) ensure that a qualified person is available to
answer students' questions or provide assistance as necessary;
(B) satisfy the commission that procedures are in
place to ensure that the student who completes the work is the student
who is enrolled in the course;
(C) certify students as successfully completing the
course only if the student;
(i) has completed all instructional modules required
to demonstrate mastery of the material;
(ii) has attended any hours of live instruction and/or
testing required for a given course; and
(iii) has passed either:
(I) a proctored final examination administered under
controlled conditions to positively identified students, at a location
and by an official approved by the commission and graded by the instructor
or, if the examination is being graded mechanically or by use of a
computer, by the provider, using answer keys approved by the instructor
or provider; or
(II) an examination by use of a computer under conditions
that satisfy the commission that the examinee is the same person who
seeks MCE credit; and
(D) provide the students with the same materials given
to students who attend the same course by live instruction.
(ee) [
(1) the provider complies with §535.72 of this
chapter when offering and advertising the course and when completing
rosters and retaining records;
(2) a proctor is present during the time the video is shown; and
(3) the provider discloses in any advertisement for
the course that the instruction will be by supervised video instruction
(ff) [
(1) complies with subsection (ee) [
(2) ensures that a certified instructor is available
to answer students' questions or provide assistance as necessary; and
(3) ensures that students receiving MCE credit for
the course passed a proctored final examination administered under
controlled conditions to positively identified students, at a location
and by an official approved by the commission and graded by the instructor
or, if the examination is being graded mechanically or by use of a
computer, by the provider, using answer keys approved by the instructor
or provider.
(gg) [
(hh) [
(ii) [
(jj) [
(1) the provider is an accredited college or university
or a professional trade association as defined by §535.62(b)
of this chapter; and
(2) the course is supervised and coordinated by a commission-approved
instructor who is responsible for verifying the attendance of all
who request MCE credit.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902384
Loretta R. DeHay
Interim Administrator and General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes
amendments to §535.101, concerning Fees. The amendments would
increase the salesperson and broker annual renewal fees from $30 to
$34; late renewal fee from $45 to $51 for the annual late renewal
of a real estate salesperson or broker license for a person whose
license has been expired 90 days or less; and late renewal fee from
$60 to $68 for the annual late renewal of a real estate salesperson
or broker license for a person whose license has been expired more
than 90 days but less than one year.
The justification for the amendments is to generate sufficient
revenue to fund appropriations by the 81st Legislature (2009).
In addition, the amendments would change the accreditation fee
for education programs from $400 to $480 and limit the $200 renewal
fee for education programs to those who are subject to a 5-year accreditation
under the rules in place before they were amended to better implement
the statutory requirement that schools demonstrate a 55% examination
passage rate to renew their accreditation. The fees are adjusted for
a two-year accreditation instead of a 5-year accreditation plus annual
fees. Amendments to §535.64 and §535.66 to set the accreditation
period to two years are concurrently being proposed and are published
elsewhere in this issue of the Texas Register.
The 81st Legislature in the 2010-2011 General Appropriations Act
and riders thereto approved budget appropriations for the commission
contingent on those appropriations being paid through fee collections.
The amendments would permit TREC to raise the necessary revenue to
offset the additional costs incurred by the commission to implement
new programs required by laws passed by the 81st Legislature.
Karen Alexander, Staff Services Director, has determined that for
the first five-year period subsection (b)(2), (4), (15), and (16)
are in effect there will be fiscal implications for the state, but
not to units of local government as a result of enforcing or administering
the amendments. The amendments would increase the salesperson and
broker annual renewal fees from $30 to $34; late renewal fee from
$45 to $51 for the annual late renewal of a real estate salesperson
or broker license for a person whose license has been expired 90 days
or less; and late renewal fee from $60 to $68 for the annual late
renewal of a real estate salesperson or broker license for a person
whose license has been expired more than 90 days but less than one
year.
Approximately 60,000 licensees and 8,000 late applicants may be
required to pay the increased fees in Fiscal Year 2010 for a total
estimated revenue of $569,200. For Fiscal Year 2011, approximately
60,000 licensees and 8,000 late applicants are estimated to be required
to pay the fees for total estimated revenue of $569,200. For each
of the three years after (2012-2014), approximately 60,000 applicants,
and 8,000 late applicants are estimated to be required to pay the
fees for a total estimated revenue of $569,200 per year.
Ms. Alexander has determined that there is no anticipated impact
on local or state employment as a result of implementing the amendments.
However, there is an anticipated impact on small businesses and micro-businesses.
The Commission has approximately 150,000 real estate brokers and salespersons
licensed in Texas. It is estimated that nearly all of these entities
are small businesses and many of them are micro-businesses. The projected
economic impact of this rule amendment on these small businesses will
be slightly negative due to the increased renewal and late renewal
fee under §2006.002, Texas Government Code, an agency is required
to consider alternative regulatory methods only if the alternative
methods would be consistent with the health, safety and environmental
and economic welfare of the state. TREC has developed this proposed
rule in accordance with a legislative mandate under contingent revenue
riders for TREC appropriations under Senate Bill 1, 81st Legislature,
Regular Session (2009). Consequently, any variance from the legislative
mandate would not be consistent with the health, safety, and environmental
and economic welfare of the state, and no alternative regulatory methods
have been considered.
Ms. Alexander also has determined that for each year of the first
five years the amendments are in effect the public benefit anticipated
as a result of enforcing the amendments is that the agency will raise
sufficient revenue to fund the items requested by the agency in its
Legislative Appropriations request and granted under Senate Bill 1,
81st Legislature, Regular Session, 2009.
Comments on the proposal may be submitted to Devon V. Bijansky,
Assistant 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 purpose and intent of the Act to ensure 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.
§535.101.Fees.
(a) (No change.)
(b) The commission shall charge and collect the following fees:
(1) (No change.)
(2) a fee of $34 [
(3) (No change.)
(4) a fee of $34 [
(5) - (8) (No change.)
(9) a fee of $480 [
(10) a fee of $200 a year for operation of a real estate
education program under the Act, §1101.301, if the school
is operating under a five-year accreditation;
(11) - (14) (No change.)
(15) a fee of $51 [
(16) a fee of $68 [
(17) - (18) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902383
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
CHAPTER 76. FORMAL SOAH PROCEEDINGS
PART 23. TEXAS REAL ESTATE COMMISSIONPrior 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)] A [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. If the
person is an individual, the person must provide the commission with
the person's signature prior to issuance of a license certificate.
The person may provide the signature prior to the submission of an
electronic application.
(c)] The commission shall
return the application of an applicant who: [
applications to applicants when it has been determined that the application fails
to comply with one of the following requirements.]
The applicant] is not 18 years of age;[.]
The applicant] does not meet any applicable
residency requirement;[.]
An incorrect filing fee or no
filing fee is received.]
The application
is submitted] in pencil;[.]
The applicant is not a citizen of the United States
or a lawfully admitted alien.]
The applicant has not obtained, within one year from
the date the application is filed, 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:
(e)] The commission adopts
by reference the following forms published by and available from
the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188,
www.trec.state.tx.us [approved by the commission which
are as 78711-2188]:
9];
6];
12];
10];
7]; and
6].
SUBCHAPTER F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSEfive] years.
five year] period.
0], Education
Provider Application;
1], Instructor
Application - Core, Legal Update and Ethics;
;] and
(2)] three years experience in teaching
or training; or
(3)] the equivalent of
paragraph [paragraphs] (1) [
and (2)] of this subsection
as determined by the commission after due consideration of the applicant's
professional experience, research, authorship or other significant
endeavors in the subject area.
Section] 1101.152(a)(11) of Texas
Occupations Code, Chapter 1101 (the Act) and by §535.101 of this
title (relating to Fees) no later than the anniversary of the date
of the school's accreditation. At least 30 days prior to the day the
fee is due, the commission shall send a written notice to the school
to pay the fee, but the school's obligation to pay the fee is not
affected by any failure to receive the notice. There is no annual
fee for schools operating within a two-year accreditation period.
SUBCHAPTER G. MANDATORY CONTINUING EDUCATION0], [MCE]
Instructor Application-MCE Elective.
(m)] of this section prior to attending an instructor
training program. The commission shall issue a written certification
to an instructor to teach the applicable required legal course(s)
upon the instructor's satisfactory completion of a training program
to teach the required legal course(s) that is acceptable to the commission.
An instructor may obtain certification to teach either one or both
required legal courses. A certified legal course instructor may teach
the required legal courses for any approved provider after the instructor
has attended an instructor training program. A certified legal course
instructor may not independently conduct a required legal course unless
the instructor has also obtained approval as a provider. An instructor
must obtain written certification from the commission prior to teaching
the required legal courses and prior to representing to any provider
or other party that he or she is certified or may be certified as
a legal course instructor. An instructor's certification to teach
a required legal course expires on December 31 of every odd-numbered
year. An instructor may obtain recertification by attending a new
instructor training program.
(r)] Elective credit courses.
To be approved to offer a course for MCE elective credit, the provider
must demonstrate that the course subject matter is appropriate for
a continuing education course for real estate licensees and that the
information provided in the course will be current and accurate by
submitting a brief statement that describes the objective of the course
and explains how the subject matter is related to activities for which
a real estate license is required, including but not limited to relevant
issues in the real estate market or topics which increase or support
the licensee's development of skill and competence.
(s)] Elective course application.
A provider applicant must submit an MCE Form 3A-3, MCE Course Application
and receive written acknowledgment from the commission prior to offering
an MCE elective course. Prior to advertising or offering a course
offered by another provider, the subsequent provider must submit an
MCE Form 3B-3, Course Application Supplement and receive written acknowledgment
from the commission.
(t)] Legal update and legal
ethics course application. A provider must submit an MCE form 3B-3,
Course Application Supplement and receive written acknowledgment from
the commission prior to offering a required legal update or required
legal ethics course.
(u)] Core courses for elective
credit. Courses approved by the commission for core real estate course
credit provided in the Act, §1101.356 and §1101.358, may
be accepted for satisfying MCE elective credit course requirements
provided the student files a course completion certificate with the
commission.
(v)] Acceptable combined
courses. An elective credit course offered by a provider to satisfy
all or part of the nine hours of other than legal topics required
by the Act, §1101.455, may be offered with the required legal
update course or required legal ethics course.
(w)] Required legal courses
for real estate related courses. MCE legal update and legal ethics
courses may be accepted by the commission as real estate related courses
for satisfying the education requirements of §1101.356 and §1101.358,
of the Act.
(x)] Correspondence courses
for elective credit. An MCE provider may register an MCE elective
course by correspondence with the commission if the course is subject
to the following conditions:
(y)] Alternative delivery
method courses for elective credit. An MCE provider may register an
MCE elective course by alternative delivery method with the commission
if the course is subject to the following conditions:
(z)] Correspondence courses
for required legal credit. The commission may approve a provider to
offer an MCE required legal ethics course by correspondence subject
to the following conditions:
(aa)] Each required legal
course offered by correspondence must contain the following:
(bb)] Alternative delivery
method courses for required legal credit. The commission may accept
required legal courses offered by alternative delivery method subject
to the following conditions.
(cc)] Supervised Video
Instruction for elective course credit. A provider may register a
course under subsection (u) [(s)] of this section
to be taught by supervised video instruction if:
(dd)] Supervised Video
Instruction for required legal course credit. A provider may register
a course under subsection (o) of this section to be taught by supervised
video instruction if the provider:
(cc)](1)
- (3) of this section;
(ee)] An applicant must
submit an MCE Form 3B-3, MCE Course Application Supplement to seek
approval to offer an MCE distance learning required legal course and
receive written acknowledgment from the commission prior to offering
the course. Distance learning legal courses may be offered on or after
July 1, 2005.
(ff)] For a distance learning
course, an online course will not be considered complete until credit
is awarded by the provider. The provider shall award the student credit
for the course no earlier than 24 hours after the student starts the
course and after the student completes the course requirements for
credit. The provider shall report the awarding of credit to the commission
either by filing a completed MCE Form 9-8, Alternative Instructional
Methods Reporting Form, signed by the student, or submitting the information
contained in MCE Form 9-8 by electronic means acceptable to the commission.
(gg)] A provider may use
as guest speakers persons who have not been approved as instructors,
provided that no more than a total of 50% of the course is taught
by the unapproved persons for a registered MCE elective credit course.
The commission-registered instructor must remain in the classroom
during the guest speaker's presentation.
(hh)] A provider may use
guest speakers who have not been approved as instructors to conduct
a registered MCE elective credit course if:
SUBCHAPTER J. FEES$30] for annual
renewal of a real estate broker license;
$30] for annual
renewal of a real estate salesperson license;
$400] for
filing an application for accreditation of an education program under
Texas Occupations Code (the Act), §1101.301;
$45] for the
annual late renewal of a real estate salesperson or broker license
for a person whose license has been expired 90 days or less;
$60] for the
annual late renewal of a real estate salesperson or broker license
for a person whose license has been expired more than 90 days but
less than one year;
SUBCHAPTER R. REAL ESTATE INSPECTORS