Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.13
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.13, concerning Requirements for Experienced Out-of-State
Applicants. These amendments are being proposed to correct technical errors
in the text of these rules.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§463.13.Requirements for Experienced Out-of-State Applicants.
(a)
An applicant who provides documentation that the applicant
has been actively licensed and in good standing as a psychologist in another
jurisdiction for at least 5 [
(1)
The applicant must have already obtained provisional licensure
and must document that the applicant is a provisionally licensed psychologist
in good standing.
(2)
Supervised experience. The applicant must affirm that the
applicant has received 3,000 hours of experience supervised by a psychologist
licensed in the state where the supervision took place. At least half of these
hours (1,500 hours) must have been completed after the doctoral degree was
conferred or completed. The formal internship year may be met either before
or after the doctoral degree was conferred or completed, as indicated on the
official transcript.
(3)
The applicant must document that the applicant has not
received any disciplinary action by any other jurisdiction and that there
is no pending action or complaint against the applicant in any other jurisdiction.
(b)
Licensees holding the Certification of Professional Qualification
in Psychology (CPQ) Credential Granted by the Association of State and Provincial
Psychology Boards (ASPPB). An out-of-state licensee holding a CPQ credential
granted by the ASPPB meets the requirements of Board rule §463.11. In
addition, out-of-state licensees who hold a CPQ credential must meet requirements
(a)(1) and (a)(3) listed above. The Board reserves the right
to
[
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 August 12, 2003.
TRD-200305053
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
22 TAC §463.25
The Texas State Board of Examiners of Psychologists proposes
amendments to §463.25, concerning Foreign Graduates. These amendments
are being proposed to clarify that certified copies of foreign graduates'
diplomas may be accepted during the application process.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§463.25.Foreign Graduates.
(a)
Prior to submitting an application for licensure, the potential
applicant shall provide the Board with documents and evidence to establish
that his/her formal education is equivalent to a masters or doctoral degree,
as required by the Psychologists' Licensing Act and Rules and Regulations
of the Board, granted by a United States university that is regionally accredited.
The registrar of the University of Texas at Austin must certify that, after
reviewing the required documentation, the degree is equivalent to a masters
or doctoral degree granted from a regionally accredited educational institution.
The potential applicant shall provide the Board with the following:
(1)
An original
or certified copy of a
diploma
or other certificate of graduation, which will be returned, and a photostatic
copy of such a document, which shall be retained.
(2)-(7)
(No change.)
(b)
(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 August 12, 2003.
TRD-200305054
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
22 TAC §471.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Examiners of Psychologists or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Examiners of Psychologists
proposes the repeal of §471.2, concerning Renewal Forms. The rule is
being repealed in order to add a new rule to clarify information required
on renewal forms.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The repeal is proposed under Texas Occupations Code, Title 3,
Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed repeal does not affect other statutes, articles, or codes.
§471.2.Renewal Forms.
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 August 12, 2003.
TRD-200305055
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
22 TAC §471.2
The Texas State Board of Examiners of Psychologists proposes
new §471.2, concerning Renewal Forms. This new rule is being proposed
to clarify information that is required on renewal forms.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The new rule is proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed new rule does not affect other statutes, articles, or codes.
§471.2.Renewal Forms.
Licensed psychological associates and provisionally licensed psychologists
who do not practice in an exempt setting must include the name and license
number of their supervisor on renewal forms. Licensed psychologists and licensed
specialists in school psychology must list their supervisees on their renewal
forms. Licensed psychologists must indicate on their renewal forms that they
have updated their online profile information. All licensees should indicate
their current employment setting on their renewal forms.
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 August 12, 2003.
TRD-200305056
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
22 TAC §473.1
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.1, concerning Application Fees (Not Refundable). These
amendments are being proposed in order to implement HB 2985 which requires
Health Profession Council member agencies to raise initial application fees
by $5 to fund a new Office of Patient Protection.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§473.1.Application Fees (Not Refundable).
(a)
Psychological Associate Licensure--
$185
[
(b)
Provisionally Licensed Psychologist--
$335
[
(c)
Licensure--
$175
[
(d)
Reciprocity--
$475
[
(e)
Licensed Specialist in School Psychology--
$215
[
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 August 12, 2003.
TRD-200305057
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
22 TAC §473.3
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.3, concerning Annual Renewal Fees (Not Refundable).
These amendments are being proposed in order to implement HB 2985 which requires
Health Profession Council member agencies to raise annual renewal fees by
$1 to fund a new Office of Patient Protection.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules easier for the licensees and public to
follow and understand. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§473.3.Annual Renewal Fees (Not Refundable).
(a)
Psychological Associate Licensure--
$91
[
(b)
Psychological Associate Licensure over the age of 70--
$16
[
(c)
Provisionally Licensed Psychologist--
$86
[
(d)
Provisionally Licensed Psychologist over the age of 70--
$16
[
(e)
Psychologist Licensure--
$181
[
(f)
Psychologist Licensure over the age of 70--
$16
[
(g)
Psychologist Health Service Provider Status--
$21
[
(h)
Psychologist Health Service Provider status over the age
of 70--No Fee
(i)
Licensees Special in School Psychology--
$34
[
(j)
Licensed Specialist in School Psychology over the age of
70--
$14
[
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 August 12, 2003.
TRD-200305058
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 305-7700
Chapter 535.
GENERAL PROVISIONS
Subchapter A. GENERAL PROVISIONS RELATING TO THE REQUIREMENT OF LICENSURE
22 TAC §535.1
The Texas Real Estate Commission (TREC) proposes amendments
to Chapter 535 concerning provisions of the Real Estate License Act and §535.1
concerning when a real estate license is required. The amendment to Chapter
535 changes the title to General Provisions to more accurately reflect the
content of the chapter. The amendments to §535.1 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 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 general provisions
relating to the requirements of licensure.
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 section will be clarification of the underlying statutory
authority for the rule. 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 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.
§535.1.License Required.
(a)
Texas
Occupations Code
[
(b)
This section does not prohibit cooperative arrangements
between non-resident brokers and Texas brokers pursuant to the Act, §
1101.651(a)(2)
[
(c)
Unless otherwise exempted by the Act, a person must be
licensed as a real estate broker or salesperson to show a broker's listings,
solicit listings of real property
, or
perform any act defined as
that of a real estate broker by the Act. An unlicensed person may be hired
by a broker to act as a host or hostess at a property being offered for sale
by the broker, provided the unlicensed person engages in no activity for which
a license is required.
(d)
The employees, agents or associates of a licensed broker,
including a corporation or limited liability company licensed as a broker,
must be licensed as real estate brokers or salespersons if they direct or
supervise other persons
who perform
[
(e)
(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 August 14, 2003.
TRD-200305200
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §§535.12, 535.13, 535.16, 535.17, 535.21
The Texas Real Estate Commission (TREC) proposes amendments
to §535.12 concerning general definitions, §535.13 concerning dispositions
of real estate, §535.16 concerning listings, §535.17 concerning
appraisals, and §535.21 concerning unimproved lot sales; listing publications.
The amendments to §535.12, §535.13, §535.16, §535.17,
and §535.21 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 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 definitions.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period these 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. 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.
§535.12.General.
(a)
(No change.)
(b)
A person who owns property jointly may sell and convey
title to his or her interest in the property, but the person must be licensed
to act for compensation as an agent for the other owner unless otherwise exempted
by Texas
Occupations Code
[
§535.13.Dispositions of Real Estate.
(a)
(No change.)
(b)
Unless otherwise exempted by Texas
Occupations Code
[
(c)
(No change.)
(d)
A real estate license is not required for an individual
employed by a corporation or other business entity for the purpose of buying
,
[
(e)
(No change.)
(f)
Arranging for a person to occupy a vacant residential property
is an act requiring a real estate license if the actor:
(1)-(2)
(No change.)
(3)
is not exempted from the requirement of a license by the
Act, §
1101.005
[
§535.16.Listings.
(a)
Trade associations or other organizations which provide
a computerized listing service for their members, but which do not receive
compensation when the real estate is sold would not be required to be licensed
under Texas
Occupations Code
[
(b)-(c)
(No change.)
§535.17.Appraisals.
(a)
(No change.)
(b)
Texas
Occupations Code
[
(c)-(e)
(No change.)
§535.21.Unimproved Lot Sales; Listing Publications.
(a)
(No change.)
(b)
A person may contract to advertise real estate for purchase,
sale, lease or rental in a publication without being licensed under Texas
Occupations Code
[
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 August 14, 2003.
TRD-200305201
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §535.31
The Texas Real Estate Commission (TREC) proposes amendments
to §535.31 concerning attorneys at law. The amendments to §535.31
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 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 exemptions to requirements of licensure.
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 section will be clarification of the underlying statutory
authority for the rule. 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 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.
§535.31.Attorneys at Law.
A licensed attorney is exempt from the requirements of Texas
Occupations Code
[
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 August 14, 2003.
TRD-200305202
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §535.41, §535.42
The Texas Real Estate Commission (TREC) proposes amendments
to §535.41 concerning procedures, and §535.42 concerning jurisdiction
and authority. 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 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 general provisions relating to the commission.
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. 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.
§535.41.Procedures.
(a)-(c)
(No change.)
(d)
Order of business.
(1)
(No change.)
(2)
Proceedings in contested cases will be conducted in accordance
with the Administrative Procedure Act, Texas Government Code,
Chapter
2001
[
§535.42.Jurisdiction and Authority.
(a)
(No change.)
(b)
An employee of the commission specifically authorized by
it pursuant to Texas
Occupations Code
[
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 August 14, 2003.
TRD-200305203
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §535.51, §535.53
The Texas Real Estate Commission (TREC) proposes amendments
to §535.51 concerning general requirements, and §535.53 concerning
corporations and limited liability companies. The amendments to §535.51
are proposed in connection with the passage of H.B. 1508 by the 78th Legislature
(2003), increasing the maximum fee for application for salesperson's license
to not more than $75. The amendment to §535.51 proposes to adopt by reference
two revised application forms to reflect a salesperson application fee of
$70 and a renewal application for broker license by a limited liability company
to amend minor typographical errors in the form. The amendments to §535.53
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, and repealed
Article 6573a, Texas Civil Statutes, effective June 1, 2003. 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 requirements
for licensure.
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 the application forms 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.
§535.51.General Requirements
(a)-(d)
(No change.)
(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)-(4)
(No change.)
(5)
Application for Real Estate Salesperson License, TREC Form
SL-
9
[
(6)
Application for Late Renewal of Real Estate Salesperson
License, TREC Form SLR-
8
[
(7)
(No change.)
(8)
Application for Real Estate Broker License by a Limited
Liability Company, TREC Form BLLLC-
5
[
(9)-(10)
(No change.)
§535.53.Corporations and Limited Liability Companies.
(a)
For the purposes of qualifying for, maintaining, or renewing
a license, a corporation or limited liability company must designate one person
holding an active Texas real estate broker license to act for it. The corporation
or limited liability company may not act as a broker during any period in
which it has not designated a person to act for it who meets the requirements
of Texas
Occupations Code
[
(b)
Section
1101.355
[
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 August 14, 2003.
TRD-200305204
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §§535.61 - 535.66
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.
§535.61.Examinations.
(a)-(c)
(No change.)
(d)
Applicants may use [
(e)-(f)
(No change.)
§535.62.Acceptable Courses of Study.
(a)
Acceptable core real estate courses are those courses prescribed
by Texas
Occupations Code
[
(b)-(c)
(No change.)
(d)
A core real estate course also must meet each of the following
requirements to be accepted.
(1)
The course contained the content required by Texas
Occupations Code
[
(2)-(9)
(No change.)
(e)
(No change)
(f)
In addition to the courses of study specified in the Act, §
1101.003
[
(1)-(2)
(No change.)
§535.63.Education and Experience Requirements for a License.
(a)
(No change.)
(b)
Education and experience requirements for a broker license.
(1)-(2)
(No change.)
(3)
Under the Texas
Occupations Code
[
(4)
The commission shall require not less than 18 semester
hours (270 classroom hours) in courses reflecting course titles or course
descriptions in the real estate disciplines including, but not limited to,
the statutory subject areas identified in the Act, §
1101.003
[
(c)
(No change.)
§535.64.Accreditation of Schools and Approval of Courses and Instructors.
(a)
Application. A person desiring to offer educational programs
or courses of study under approval of the commission pursuant to Texas
Occupations Code
[
(b)
Standards for approval of application for accreditation.
To be accredited as a school, the applicant must satisfy the commission as
to the applicant's ability to administer courses with competency, honesty,
trustworthiness and integrity. If the applicant proposes to employ another
person, such as an independent contractor, to conduct or administer the courses,
the other person must meet this standard as if the other person were the applicant.
The applicant also must demonstrate that the applicant has sufficient financial
resources to conduct its proposed operations on a continuing basis without
risk of loss to students attending the school and that the proposed facilities
will be adequate and safe for conducting classes. If the applicant is currently
accredited, the applicant will be deemed to meet financial requirements imposed
by this subsection once the applicant has provided the statutory bond or other
security acceptable to the commission under Section
1101.301
[
(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
[
(e)
(No change.)
(f)
Disapproval of application. If it determines that an applicant
does not meet the standards for accreditation, the commission shall disapprove
the application in writing. An applicant may request a hearing before the
commission on the disapproval by filing a written request for hearing within
10 days following the applicant's receipt of the notice of disapproval. Following
the hearing, the commission shall issue an order which, in the opinion of
the commission, is appropriate in the matter concerned. Venue for any hearing
conducted under this section shall be in Travis County. The disapproval and
hearing are subject to the Administrative Procedure Act, Texas Government
Code,
Chapter 2001
[
(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.
(1)-(3)
(No change.)
(4)
Form ED 4-
1
[
(5)-(7)
(No change.)
(h)-(k)
(No change.)
(l)
Disapproval of application. The commission may disapprove
an application for approval of an instructor for failure to meet the standard
imposed by subsection (g) of this section, failure to satisfy the commission
as to the applicant's honesty, trustworthiness or integrity, or for any reason
which would be a ground to suspend or revoke a real estate license. If an
application is disapproved, the commission shall provide written notice to
the applicant detailing the basis of the decision. An applicant may request
a hearing before the commission by filing a written request for hearing within
10 days following the applicant's receipt of the notice of disapproval. Venue
for any hearing conducted under this section is in Travis County. Appeals
from application disapprovals will be conducted in the manner required by
the Act, §
1101.364
[
(m)-(o)
(No change.)
§535.65.Changes in Ownership or Operation of School; Presentation of Courses, Advertising, and Records.
(a)
Changes in Ownership or Operation. A school shall obtain
the approval of the commission in advance of any material change in the operation
of the school, including but not limited to, ownership, location of main office
and any other locations where courses are offered, management, and course
formats. A request for approval of a change of ownership will be considered
as if each proposed new owner had applied for accreditation of the school,
and each new owner must meet the standards imposed by §535.64 of this
title (relating to Accreditation of Schools and Approval of Instructors).
A school requesting approval of a change in ownership shall provide all of
the following information or documents to the commission:
(1)-(4)
(No change.)
(5)
a new bond in the amount of $10,000 for the proposed new
owner(s), a statement from the bonding company indicating that the former
bond will transfer to the proposed new owner(s), or other security acceptable
to the commission under the
Texas Occupations Code, Chapter 1101, (
the
Act
)
, §
1101.302
[
(6)-(7)
(No change.)
(b)-(g)
(No change.)
(h)
Presentation of courses.
(1)
A school shall present core real estate courses prescribed
by the Act, §
1101.003
[
(2)
(No change.)
(i)
Course credit and records.
(1)
Within ten days following the completion of
other
than an alternative delivery method
[
(A)-(D)
(No change.)
(2)-(5)
(No change.)
(j)
(No change.)
§535.66.Payment of Annual Fee, Audits, Investigations and Enforcement Actions.
(a)
Payment of annual fee. A school shall pay the fee prescribed
by Section
1101.152(a)(11)
[
(b)
(No change.)
(c)
Complaints, investigations and hearings. The commission
shall investigate complaints against schools or instructors which allege acts
constituting violations of these sections. Complaints must be in writing,
and the commission may not initiate an investigation or take action against
a school or instructor based on an anonymous complaint. Complaints against
a school or instructor received by any division of the commission will be
referred to the enforcement division for appropriate resolution. Commission
employees may file written complaints against a school or instructor if course
completion rosters or other documents filed with the commission provide reasonable
cause to believe a violation of these sections has occurred. The school or
instructor named in the complaint will be provided with a copy of the complaint.
Proceedings against schools and instructors will be conducted in the manner
required by the Act, §
1101.657
[
(d)-(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 August 14, 2003.
TRD-200305205
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §§535.71 - 535.73
The Texas Real Estate Commission (TREC) proposes amendments
to §535.71 concerning mandatory continuing education: approval of providers,
courses and instructors, §535.72 concerning presentation of courses,
advertising, and records, and §535.73 concerning compliance and enforcement.
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,
and repealed Article 6573a, Texas Civil Statutes effective June 1, 2003. The
amendments to §535.71 propose to adopt by reference MCE form 9-6 to change
a cite referenced in the form to the relevant Occupations Code provision.
The amendments to §535.72 propose to change two references to the updated
form proposed by §535.71. 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 mandatory continuing education.
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 rule. 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.
§535.71.Mandatory Continuing Education: Approval of Providers, Courses and Instructors.
(a)
The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Act--The Real Estate License Act, Texas
Occupations
Code
[
(2)-(11)
(No change.)
(b)
(No change.)
(c)
The commission adopts by reference the following forms
published and available from the commission, P.O. Box 12188, Austin, Texas,
78711-2188:
(1)-(7)
(No change.)
(8)
MCE Form 9-
6
[
(9)
MCE Form 10-
1
[
(10)-(13)
(No change.)
(d)-(e)
(No change.)
(f)
To be approved as an instructor of any MCE course, a person
must satisfy the commission as to the person's competency in the subject matter
to be taught and ability to teach effectively. Except as provided in subsection
(s) of this section and for instructors of single course offerings, if the
person is not currently approved by the commission to teach the subject areas
of the course, the person must submit Form ED 4-
1
[
(g)
(No change.)
(h)
Fees shall be established by the commission in accordance
with the provisions of the Act, §
1101.152
[
(i)
(No change.)
(j)
An applicant may appeal a disapproval by filing with the
commission a written request for a hearing within 10 days after the receipt
of the notice of disapproval. Following the hearing, the commission may sustain
or withdraw the disapproval or establish conditions for the approval of a
provider, course or instructor. Proceedings involving applications shall be
conducted in accordance with the Administrative Procedure [
(k)
A course offered by a provider to satisfy all or part of
the six hours of legal topics required by the Act, §
1101.455
[
(l)
A course must be devoted to one or more of the subjects
specified under the course titles in the Act, §
1101.003(1) and §1101.003(4)-(9)
[
(m)-(o)
(No change.)
(p)
Correspondence courses. The commission may approve a provider
to offer an MCE course by correspondence subject to the following conditions:
(1)
(No change.)
(2)
the content of the course must satisfy the requirements
of the Act, §
1101.455
[
(3)-(4)
(No change.)
(q)-(s)
(No change.)
§535.72.Mandatory Continuing Education: Presentation of Courses, Advertising and Records.
(a)-(c)
(No change.)
(d)
In a course offered by correspondence or alternative delivery
method, the provider shall award the student credit for the course upon completion
of the course examination and all other requirements for credit and shall
report the awarding of credit to the commission. Course credit must be reported
either by the provider filing a completed MCE Form 9-
6
[
(e)-(o)
(No change.)
§535.73.Compliance and Enforcement.
(a)
(No change.)
(b)
Complaints received by the MCE section of the education
division of the commission or by any other division of the commission shall
be referred to the enforcement division for appropriate resolution. The provider
or instructor named in the complaint shall be provided with a copy of the
complaint. Proceedings involving MCE providers or instructors shall be conducted
in accordance with the Administrative Procedure [
(c)-(f)
(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 August 14, 2003.
TRD-200305206
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §535.91
The Texas Real Estate Commission (TREC) proposes amendments
to §535.91 concerning renewal applications. The amendments to §535.91
propose to adopt by reference two new application renewal forms to modify
and update the forms for clarity. The current renewal form is mailed to real
estate salespersons and brokers to use for a timely renewal of their licenses.
The commission proposes separate renewal forms for brokers and salespersons
to provide more accurate and individualized information to each license type.
The amendments also change the cites in the rule 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, and repealed Article 6573a, Texas Civil Statutes
effective June 1, 2003.
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 section will be clarification of the underlying statutory
authority for the rule and clarification of renewal forms. 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 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.
§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, §
1101.455
[
(b)
The Texas Real Estate Commission adopts by reference Renewal
Application
Forms SR 1-0 and BR 1-0
[
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 August 14, 2003.
TRD-200305207
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
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 paid by licensees and applicants.
The amendments to §535.101 are proposed in connection with the passage
of H.B. 1508 by the 78th Legislature (2003), increasing various fees, including
setting a maximum fee of $75 for the filing of an original application for
a real estate salesperson license, setting a maximum fee of $20 for preparing
a license history, and setting a new maximum fee of $40 for the filing of
a core or continuing education instructor application. Section 535.101 would
be amended to reflect a $70 fee for a salesperson application, a $20 fee for
preparing a license history certification, and a $25 fee for the filing of
a core or continuing education instructor application that would be effective
on or after November 1, 2003.
Alan Waters, Staff Services Director, has determined that for the first
five-year period the section is in effect there will be fiscal implications
for the state as a result of enforcing or administering the section. Increasing
the original application for salesperson license fee to $70 will have a revenue
neutral effect because the current $20 sponsorship fee required of a salesperson
to go from inactive to active status once licensure is obtained from an original
application will be eliminated by the amendment to Section 1101.152(c). Subsection
(c) prohibits the commission from charging a fee to a salesperson or broker
for filing a sponsorship request in conjunction with an inactive license issued
to a salesperson. The fiscal impact of increasing the license history certification
fee to $20 will be 800 license history certifications at an additional $10
each producing $8,000 additional revenue per fiscal year. Section 535.101(b)(14)
proposes to set a fee of $25 for the filing of a core or continuing education
instructor application. Mr. Waters estimates that the combined additional
revenue per fiscal year will be $12,500 for 2004 (500 applications), $10,000
for 2005 (400 applications), $7,500 for 2006 (300 applications), $20,000 for
2007 (800 applications), and $20,000 for 2008 (800 applications). 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 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 section will be conforming TREC rules to recent statutory
changes to the Act. Mr. Waters has determined that the anticipated economic
cost to persons who are required to comply with the proposed section is the
payment of the required statutory increase in fees. The increase in fees will
be an additional $20 for the filing of a salesperson application, an additional
$10 for the filing of a license history certification, and a new fee of $25
for the filing of a core or continuing education instructor application.
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.
§535.101.Fees.
(a)
(No change.)
(b)
The commission shall charge and collect the following fees:
(1)-(2)
(No change.)
(3)
a fee of $
70
[
(4)-(11)
(No change.)
(12)
a fee of $
20
[
(13)
a fee of $25 for the filing of an application for a moral
character determination
; and
[
(14)
a fee of $25 for the filing of an instructor
application.
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 August 14, 2003.
TRD-200305208
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
22 TAC §535.113
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Real Estate Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes
the repeal of §535.113, concerning display of licenses.
The repeal is proposed in connection with the passage of H.B. 1508 by the
78th Legislature (2003), which, in part, repealed the statutory provision
that required a broker to display the broker's and the sponsored salespersons'
licenses at the broker's place of business. Residential locators are still
required to display their licenses.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the repeal. 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 repeal.
Ms. DeHay also has determined that for each year of the first five years
the repeal as proposed is in effect the public benefit anticipated as a result
of enforcing the repeal will be to conform the rule to recent statutory changes.
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 repeal is 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 repeal.
§535.113.Display of Licenses.
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 August 14, 2003.
TRD-200305209
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
years
] consecutive years immediately
preceding the filing of the application, must meet the following requirements,
which are a substitute for Board rule §463.11:
too
] accept or reject licensure for persons holding the CPQ credential.
Chapter 471.
RENEWALS
Chapter 473.
FEES
$180
]
$330
]
$170
]
$470
]
$210
]
$90
]
$15
]
$85
]
$15
]
$180
]
$15
]
$20
]
$33
]
$13
]
Part 23.
TEXAS REAL ESTATE COMMISSION
Civil Statutes
],
Chapter 1101
[
Article 6573a
] (the Act) applies
to persons acting as real estate brokers or salespersons while physically
within this state, regardless of the location of the real estate involved
or the residence of the person's customers or clients. For the purposes of
the Act, a person conducting brokerage business from another state by mail,
telephone, the Internet, e-mail or other medium is also considered acting
within this state if all the prospective buyers, sellers, landlords, or tenants
are legal residents of this state, and the real property concerned is located
wholly or in part within this state.
14(a)
] and §535.131 of this title (relating
to Unlawful Conduct: Splitting Fees).
in the performance of
] acts for which a license is required. A license is not required for
the performance of secretarial, clerical, or administrative tasks, such as
training personnel, performing duties generally associated with office administration
and personnel matters. Unlicensed employees, agents, or associates may not
solicit business for the broker or hold themselves out as authorized to act
as real estate brokers or salespersons.
Subchapter B. DEFINITIONS
Civil Statutes
],
Chapter
1101
[
Article 6573a
], (the Act).
Civil Statutes
],
Chapter 1101
[
Article
6573a
] (the Act), a person who manages real property or collects rentals
for an owner of real property and for a valuable consideration must be licensed
if the person also rents or leases the property for the owner.
real property for the entity or
] selling
, or leasing
real property
for
[
owned by
] the entity. An entity
is considered to be an owner if it holds record title to the property or has
an equitable title or right acquired by contract with the record title holder.
A corporation or limited liability company is considered to be acting as a
broker and is required to be licensed under the Act if it or its employee
receives, or expects to receive, a valuable consideration from the record
title holder for negotiating a sale or other disposition of the property.
3
].
Civil Statutes
],
Chapter 1101
[
Article 6573a
] (the Act).
Civil Statutes
],
Chapter 1101
[
Article 6573a
] (the Act) does
not apply to appraisals performed by the employees of a financial institution
or investment firm in connection with a contemplated loan or investment by
their employers.
Civil Statutes
],
Chapter 1101
[
Article 6573a
], (the Act), unless payment of any fee or consideration
the person receives is contingent upon the purchase, sale, lease, or rental
of the property advertised in the publication. For the purposes of this section
an advance fee is a contingent fee if the person is obligated to return the
fee if the property is not purchased, sold, leased or rented. This section
shall be narrowly construed to effectuate the purposes for which this section
was adopted.
Subchapter C. EXEMPTIONS TO REQUIREMENTS OF LICENSURE
Civil Statutes
],
Chapter 1101
[
Article 6573a
], (the Act) but cannot sponsor real estate salespersons
or serve as the designated officer or manager of a licensed corporation or
limited liability company unless the attorney is also licensed as a real estate
broker. This provision is not a waiver of the standards of eligibility and
qualification elsewhere established in the Act.
Subchapter D. THE COMMISSION
§§2001.001 et seq
] and Chapter 533 of this
title (relating to Practice and Procedure).
Civil Statutes
],
Chapter 1101
[
Article 6573a
], (the Act),
§1101.151(b)(3)
[
§5(t)
], to conduct hearings and render final decisions
in contested cases may order issuance of a probationary license under §535.94
of this title (relating to Hearing on Application Disapproval: Probationary
Licenses) and may suspend or revoke a license or reprimand or place on probation
a licensee for a violation of the Act or a rule of the commission.
Subchapter E. REQUIREMENTS FOR LICENSURE
8
];
7
];
4
];
Civil Statutes
],
Chapter
1101
[
Article 6573a
] (the Act). A broker may not act as a
designated person at any time while the broker's license is inactive, expired,
suspended or revoked.
6
] of the Act applies
only to corporations or limited liability companies which are created under
the laws of this state, provided, however, that a corporation or limited liability
company formed under the laws of a state other than Texas will be considered
to be a Texas resident for purposes of this section if it is qualified to
do business in Texas; its officers or managers, its principal place of business
and all of its assets are located in Texas; and all of its officers and directors
or managers and members are Texas residents.
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
slide rules or
] silent,
battery-operated, electronic, pocket sized calculators which are nonprogrammable.
If a calculator has printout capability, the testing service must approve
use of such calculator prior to the examination. Applicants may not use calculators
with alphabetic keyboards.
Civil Statutes
],
Chapter
1101
[
Article 6573a
] (the Act), §
1101.003
[
7(a)
] and by this section. Acceptable real estate related courses are
those courses which have been determined to be acceptable by the commission.
The commission will periodically publish lists of acceptable real estate related
courses.
Civil Statutes
],
Chapter 1101
[
Article 6573a
], (the Act), §
1101.003
[
7(a)
],
or this section.
7(a)
], the following shall be considered core real
estate courses.
Civil
Statutes
],
Chapter 1101
[
Article 6573a
] (the
Act), §
1101.357
[
7(g)
] a person who is the designated
officer of a corporation or limited liability company which is licensed as
a real estate broker in another state is deemed to be a licensed real estate
broker in another state. The term "state" means one of the states, territories,
and possessions of the United States and any foreign country or governmental
subdivision thereof. A person licensed in another state may derive the required
two years' experience from periods in which the person was licensed in two
or more states. [
A person whose real estate broker license is on inactive
status is deemed to be a licensed real estate broker in another state.
]
7(a) and §7(j)
]. The commission will publish periodically guidelines
as to the acceptability of related courses. [
Provided, however, that
an applicant for a broker license who was licensed as a salesperson subject
to the annual education requirements set forth in this Act must provide the
commission satisfactory evidence of having completed 18 semester hours (270
classroom hours) of core real estate courses.
]
Civil Statutes
],
Chapter 1101
[
Article 6573a
], (the Act), §
1101.301
[
7(f)
],
shall file an application on forms adopted by the commission accompanied by
the fee prescribed pursuant to §
1101.152(a)(10)
[
11(9)
] of the Act. The commission may request additional information from
an applicant which the commission deems to be relevant and material to the
consideration of an application.
7(f)
] of the Act and there are no unsatisfied final money judgments
against the applicant; otherwise, the application will be subject to the financial
review provisions of this section.
7(f)
]), 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 five
years.
§2001.001, et. seq.
], and
to Chapter 533 of this title (relating to Practice and Procedure).
0
], Instructor Application;
10
]. Hearings are subject
to the Administrative Procedure Act, Texas Government Code,
Chapter
2001
[
§2001.001, et. seq.
], and to Chapter 533 of this
title (relating to Practice and Procedure).
7(f)
].
7(a)
] and real estate related
courses accepted by the commission in no less than 30 classroom hours of instruction.
The school shall advertise and schedule a course for the full clock hours
of time for which credit is awarded.
a
] course, a school
shall provide the commission with a class roster in a format approved by the
commission.
For an alternative delivery method course, a school shall
provide a roster of those students completing the course within 10 days after
the end of the month in which the student completed the course.
The
listing of students must be numbered and in alphabetical order, with each
student's last name shown first, and must show after each student's name the
final grade of either passed, failed, incomplete, or dropped, in language
or symbols that can be correlated with these categories. The school shall
explain any other grade concisely but clearly. The school shall list all instructors
used in the course on the roster.
11(a)(10)
] of Texas
Occupations Code
[
Civil Statutes
],
Chapter 1101
[
Article 6573a
] (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.
17
], the Administrative
Procedure Act, Texas Government Code,
Chapter 2001
[
§2001, et. seq.
], and Chapter 533 of this title (relating to Practice
and Procedure). Venue for any hearing conducted under this section will be
in Travis County.
Subchapter G. MANDATORY CONTINUING EDUCATION
Civil Statutes
],
Chapter 1101
[
Article
6573a
].
5
] , Alternative Instructional
Methods Reporting Form;
0
] , MCE [
Out
of State Course
] Credit Request
For An Out of State Course
;
0
],
Instructor Application, and meet the requirements of §535.64
(i)
[
(I)
] of this title (relating to Accreditation of Schools
and Approval of Courses and Instructors). A person who has received a credential
as a certified real estate instructor (CREI), distinguished real estate instructor
(DREI), an instructor of the Realtor Institute (GRI), or an instructor who
has received a comparable credential from another organization as determined
by the commission will be deemed to have met the requirements of §535.64
(i)
[
(I)
] as regards teaching experience and education.
The commission may also approve an instructor for a single offering of a course.
The provider must submit an MCE Form 3C-1, MCE Single Course Offering Application,
and provide a resume to show that the proposed instructor is qualified to
teach the subject matter.
7A
],
at such times as the commission deems appropriate. Fees are not refundable
and must be submitted in the form of a check or money order, or, in the case
of state agencies, colleges or universities, in a form of payment acceptable
to the commission.
and Texas
Register
]Act, Texas
Government Code, Chapter 2001
[
Civil Statutes, Article 6252-13a
]. Venue for any hearing conducted under
this section shall be in Travis County.
7A
], must include one or more of the legal topics listed in the Act
or approved by the commission. The commission shall periodically publish lists
of additional legal topics approved for MCE credit.
7(a)(2)-(4) and §7(a)(7)-(10)
], to real estate professionalism
and ethics or to other subjects approved by the commission for MCE credit.
MCE courses must be presentations of relevant issues and changes within the
subject areas as they apply to the practice of real estate in the current
market or topics which increase or support the licensee's development of skill
and competence. Courses approved by the commission for core real estate course
credit provided in the Act, §
1101.356 and §1101.358
[
7(d)-(e)
], may be accepted for satisfying MCE requirements provided
the student files a course completion certificate with the commission. MCE
courses may be accepted by the commission as real estate related courses for
satisfying the education requirements of §
1101.356 and §1101.358
[
7(d)-(e)
], of the Act. Courses related to technology, such
as the use of personal computers, must be primarily devoted to the application
of technology to the practice of the licensee.
7A
], and these sections;
5
], signed by the student, or submitting the information contained in
MCE Form 9-
6
[
5
] by electronic means acceptable to
the commission. If the provider chooses to use an electronic reporting process,
the process must ensure that only students who complete the course are reported
to the commission as receiving course credit and that the process does not
compromise the security of commission records.
and Texas Register
]
Act,
Texas Government Code, Chapter 2001
[
Article 6252-13a,
Texas Civil Statutes
] and the commission's general rules of practice
and procedure. Venue for any hearing conducted under this section shall be
in Travis County.
Subchapter I. LICENSES
7A
]. The commission shall mail a renewal application form
for an active broker or an inactive licensee to the last known permanent mailing
address of the broker or licensee as shown in the commission's computerized
records. The commission shall mail a renewal application form for an active
salesperson to the permanent mailing address of the salesperson's sponsoring
broker. The commission shall mail the form three months before the expiration
of the current license. Each licensee shall furnish a permanent mailing address
to the commission and report all subsequent address changes within 10 days
after a change of address. If a licensee fails to provide a permanent mailing
address, 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, §
1101.656
[
15B(b)
].
Form 1-3
], approved
by the commission in
2003
[
2000
].
These forms
are
[
This form is
] published by and available from the Texas
Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
Subchapter J. FEES
50
] for the filing
of an original application for a real estate salesperson license;
10
] for preparing
a license history; [
and
]
.
]
Subchapter K. PLACE OF BUSINESS
Chapter 541.
RULES RELATING TO THE PROVISIONS OF TEXAS OCCUPATIONS CODE, CHAPTER 53