Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998 Page: 3,683
3631-3764 p. ; 28 cm.View a full description of this periodical.
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cerning corporations and limited liability companies, 535.61,
concerning examinations, 535.66, concerning accreditation,
535.68, concerning alternative education for brokers, and
535.70, concerning required coursework, without changes to
the proposed text as published in the January 30, 1998, issue
of the Texas Register (23 TexReg 710). The amendment to
535.62, concerning waiver of examination, was adopted with
one change; an additional term "salesman" was replaced by
the term "salesperson." The amendments to all the sections re-
place terms such as "salesman" or "his" with terms which are
not gender-specific, such as "salesperson" or "the salesperson
s". In some cases, additional terms were used to broaden the
scope of the text and avoid use of single gender-specific terms.
Section 535.52 also was amended to delete an outdated pro-
vision relating to the licensing of partnerships under prior law.
Adoption of the amendments was necessary for TREC to com-
ply with House Bill 814, 75th Legislature (1997) which requires
TREC to use the term "salesperson" in all its rules and docu-
ments no later than January 1, 1999, and for TREC to revise
its rules for consistency and style.
No comments were received regarding the proposed amend-
ments.
The amendments are adopted under Texas Civil Statutes,
Article 6573a, 5(h), which authorize the Texas Real Estate
Commission to make and enforce all rules and regulations
necessary for the performance of its duties
535.61. Examinations and Acceptance of Courses.
(a) To be authorized for admittance to a real estate licensure
examination, either for salesperson or broker licensure, the applicant
must present to the examination proctor a certificate of eligibility
issued by the commission for an initial examination or for a
reexamination. Certificates of eligibility will be furnished to the
sponsoring broker for salesperson applicants, or directly to the
applicant for broker licensure.
(b)-(h) (No change.)
(i) Examination schedules for both salesperson and broker li-
censure examinations are published periodically and reflect the dates,
times and locations throughout the state that the examinations will
be administered. Such schedules will be furnished to applicants for
their determination of a location at which to take the examination.
The examination may be taken at any location shown on the schedule
within the time authorized by the applicant's certificate of eligibility.
(j)-(z) (No change.)
(aa) The commission may not accept more than one course
with the same course title and level or same course content and level
completed within three years of each other, unless there have been
significant changes in the subject matter, such as the promulgation
of new contract forms, major law revisions, and major changes in
real estate financing. The commission may not accept for core
real estate credit a core real estate course completed more than ten
years prior to the date of the applicant's transcript evaluation. The
commission may accept for real estate related course credit a core
course not completed within the ten year period established by this
section. If the commission has evaluated the education of a potential
applicant, courses acceptable at the time of the evaluation will not
be rejected under this subsection for a period of one year after the
date of the evaluation. Provided, however, the ten-year restriction on
the acceptance of courses does not apply in either of the following
instances.(1) The applicant was licensed as a real estate broker or
salesperson in this or any other state within the five year period prior
to filing the application.
(2) The course was offered by an accredited college or
university or by a school accredited by the commission.
(bb)-(hh) (No change.)
535.62. Waiver of Examination.
(a) The commission shall waive the examination of an
applicant for broker license who has, no more than two years prior
to the filing of the application, been licensed as a broker in this
state. The commission shall waive the examination of an applicant
for salesperson license who has, no more than two years prior to the
filing of the application, been licensed in this state as a broker or
salesperson.
(b) The examination requirements cannot be waived except
under the express provisions of this section.
This agency hereby certifies that the adoption has been re-
viewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on March 25,
1998.
TRD-9804302
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: April 14, 1998
Proposal publication date: January 30, 1998
For further information, please call: (512) 465-3900
TITLE 25. HEALTH SERVICES
Part II. Texas Department of Mental
Health and Mental RetardationChapter 401.
System Administration
Subchapter I. Certification of Community Resi-
dential Programs
25 TAC 401.551-401.565
The Texas Department of Mental Health and Mental Retarda-
tion (department) adopts the repeal of 401.551-401.565 of
Chapter 401, Subchapter I, concerning certification of commu-
nity residential programs, without changes to the text as pro-
posed in the January 23, 1998, issue of the Texas Register (23
TexReg 493).
The repeal is part of a comprehensive reorganization of chap-
ters and subchapters within the department's portion of the
Texas Administrative Code in conjunction with the review of the
department's rule base required by Section 167 of Article IX
of the current Appropriations Act. Community residential pro-
grams which have been certified under the provisions of this
subchapter will be included in the QAIS self-assessments con-
ducted by the local mental retardation authorities in whose local
service areas they are located. The self-assessments will be
conducted as described in new Chapter 412, Subchapter H,ADOPTED RULES April 10, 1998 23 TexReg 3683
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Texas. Secretary of State. Texas Register, Volume 23, Number 15, Pages 3631-3764, April 10, 1998, periodical, April 10, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113834/m1/53/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.