TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS

CHAPTER 134. LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS

SUBCHAPTER D. EDUCATION

22 TAC §134.31

The Texas Board of Professional Engineers and Land Surveyors (Board) adopts amendments to 22 Texas Administrative Code, Chapter 134, regarding the licensing of registered professional land surveyors, and specifically §134.31, relating to Educational Requirements for Applicants. Amendments to 22 Texas Administrative Code §134.31 are adopted without changes to the proposed text as published in the July 5, 2024, issue of the Texas Register (49 TexReg 4887) and will not be republished.

REASONED JUSTIFICATION FOR RULE ADOPTION

The adopted amendments to §134.31 to update the educational requirements for certain applicants for a surveyor-in-training certificate and all applicants to become a registered professional land surveyor. The Professional Land Surveying Practices Act requires applicants for a surveyor-in-training certificate that hold an associate degree or bachelor's degree in anything other than surveying to have, in a combination acceptable to the board, at least 32 hours of formal education in one of seven categories: civil engineering, land surveying, mathematics, photogrammetry, forestry, land law, and physical sciences. After review and consultation with the surveying community, the Board has determined updates in the acceptable combination of 32 hours of formal education is warranted. Land surveying is unquestionably a highly technical field that requires registrants that practice this field have a minimum competency to offer land surveying services to the people of Texas.

To ensure applicants education best prepares them to be competent registered professional land surveyors, the Board proposes to require applicants have at least nine hours of education in land surveying, at least three hours of education in land law, and at least six hours of education in mathematics. The remaining 14 hours of required education can be of any combination of the seven categories found in the Professional Land Surveying Practices Act. Additionally, the proposed rules establish definitions for the seven educational categories found in the Professional Land Surveying Practices Act to provide additional clarification to applicants.

To not adversely impact current students or people already in the process of becoming licensed, the proposed updates will apply to anyone who has not already applied for a surveyor-in-training certificate as of January 1, 2026.

PUBLIC COMMENT

Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on July 5, 2024, and ended August 4, 2024. The Board received no comments from the public.

STATUTORY AUTHORITY

The amendments are adopted pursuant to Texas Occupations Code §§1001.201 and 1001.202, which authorize the Board to regulate engineering and land surveying and make and enforce all rules and regulations and bylaws consistent with the Texas Engineering Practice Act and the Professional Land Surveying Practices as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practices of engineering and land surveying in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 25, 2024.

TRD-202403914

Lance Kinney

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Effective date: September 14, 2024

Proposal publication date: July 5, 2024

For further information, please call: (512) 440-7723


PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.241

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.241, Sanctions Guidelines.

The amendments are adopted without changes to the proposed text as published in the May 31, 2024, issue of the Texas Register (49 TexReg 3896) and will not be republished.

The amendments to §153.241 add additional factors that may be considered in determining the disposition of a formal complaint, specifically whether an appraisal or conduct at issue was investigated by another governmental agency and the likelihood of the same or similar conduct occurring again. Additionally, the amendments allow for greater flexibility in sanctions for First Time Discipline, Level 2 violations of the Act or Statute.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related to certificates and licenses that are consistent with applicable federal law and guidelines adopted by the AQB and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 23, 2024.

TRD-202403899

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: September 12, 2024

Proposal publication date: May 31, 2024

For further information, please call: (512) 936-3088


PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 533. PRACTICE AND PROCEDURE

SUBCHAPTER B. GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE

22 TAC §533.8

The Texas Real Estate Commission (TREC) adopts an amendment to 22 TAC §533.8, Motions for Rehearing, in Chapter 533, Practice and Procedure, without changes to the text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4007), and will not be republished.

The amendment to this section is made as a result of the Commission's quadrennial rule review. The amendment corrects a typographical error in subsection (h) of the rule--changing the word "supersedes" to "supersedeas."

No comments were received on the proposed amendment as published.

The amendment is adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403884

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3057


CHAPTER 534. GENERAL ADMINISTRATION

22 TAC §534.4, §534.7

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §534.4, Historically Underutilized Businesses Program, and §534.7, Vendor Protest Procedures, in Chapter 534, General Administration, without changes, as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4008), and will not be republished.

The amendments are made as a result of the Commission's quadrennial rule review. The amendments correct references to applicable regulations in the Texas Administrative Code.

No comments were received on the amendments as published.

The amendments are adopted under §1101.151, Occupations Code, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102. The amendment to 22 TAC §534.4 is also adopted under §2161.003, Government Code, which requires the agency to adopt such a rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403885

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3057


CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER F. REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION

22 TAC §535.64

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, in Chapter 535, General Provisions, without changes, as proposed in the June 7, 2024, issue of the Texas Register (49 TexReg 4009), and will not be republished.

The amendments reflect changes to the course approval forms incorporated by reference in subsections (a)(1) - (3) of the rule related to the Principles of Real Estate I, Principles of Real Estate II, and Law of Agency courses. These course approval form revisions were recommended by the Education Standards Advisory Committee (ESAC). These changes reorder and remove content from the course approval forms to ensure relevancy and that course objectives are being met.

Two comments were received (from one commenter) on the rule as published. The commenter raised concerns about the changes to the course approval forms adopted by reference for Principles of Real Estate I and II. In particular, the commenter noted and ESAC discussed concerns about the changes and reduction of time in the math section of the course outline for Principles of Real Estate II. ESAC declined to make any changes, ultimately concluding that the outlines, including the order and content of the topics, were well thought out by the working group and that much of the concepts taught in real estate math would be tied to real estate financing, which is a separate topic in the Principles of Real Estate II outline, with 275 minutes specifically dedicated to it.

After reviewing the comment and the recommendation by ESAC, the Commission also declined to make any changes for the reasons cited above.

The amendments are adopted under §1101.151, Texas Occupations Code, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102, as well as §1101.003, Texas Occupations Code, which allows the Commission to prescribe by rule the content of the qualifying real estate courses listed in this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403887

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3057


SUBCHAPTER L. INACTIVE LICENSE STATUS

22 TAC §§535.121, 535.123, 535.124

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.121, Inactive Sales Agent License; §535.123, Inactive Broker Status; and new §535.124, Death of a Designated Broker, in Chapter 535, General Provisions, without changes, as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4010), and will not be republished.

Under Chapter 1101, Occupations Code (the Act) and Commission rules, in order for a business entity to obtain a broker's license, the entity must name a designated broker that: (i) holds an active broker's license in good standing with the Commission; and (ii) has managing authority for the business entity (e.g., a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner). Under current Commission rules, when a designated broker for a business entity dies, the business entity license becomes inactive, as does any sponsored sales agent's license. This means that neither the entity nor the sales agent will be able to perform any real estate services that require a license, even if in the middle of a transaction. To return to active status, the entity needs to designate a new broker, who must satisfy the legal requirements referenced above. Even if the entity has a succession plan in place, this transition period can take time and leave consumers in the middle of transactions without representation.

Under the amendments and new rule, the business entity and sponsored sales agents will be given a "safe harbor" or grace period of 14 days from the broker's death before their licenses inactivate. This will provide the entity with time to name a new designated broker that satisfies the statutory requirements under the Act prior to going inactive. The changes also remove the word "immediately" from §535.121 and §535.123. Through these changes, the rule better aligns with current agency practice and provides better guidance in the event the designated broker of a licensed business entity dies.

Ninety-four comments were received on the proposed amendments and new rule as published, which the Commission's Executive Committee reviewed. Sixty-nine of those comments were in support of the proposed changes.

Fifteen commenters want a named successor on file with TREC or a required succession plan. The Executive Committee noted that even if the Commission were to implement something like this, because the Act requires the designated broker to be in good standing and to have managing authority, agency staff would still need to determine whether the named successor broker was still qualified at the time of the designated broker's death, which would not place the entity, sponsored sales agents, or consumers in any better position than under the proposed changes. The Executive Committee also expressed concern about changes in situation, relationships, or business structure that might occur between the naming of the successor and the time of death (e.g., the person is no longer affiliated with the entity, the person is also deceased, etc.). The Committee stressed that, from the Commission's perspective (and authority) this issue is less about having a replacement designated broker ready at the time of death and more about allowing sufficient time to process the change without licenses becoming inactive and transactions stalling. The Committee reiterated however the importance of succession planning, even if such planning is outside the jurisdiction of the Commission.

Fourteen commenters wanted a longer safe harbor period, with most requesting 30 days instead of 14 days. One commenter wanted less time than 14 days, but did not specify an amount. The Executive Committee noted that the current turnaround time for agency staff to process a change in designated broker is three to five business days and that agency staff expedites the processing of these changes when notified of a death. The Committee also noted that the Commission considered the number of days to suggest as the safe harbor and arrived at 14 days after balancing giving the entity enough time to notify the agency with how much time a sales agent and entity is without a designated broker.

Four commenters had concerns about allowing a sales agent to have an active license for up to 14 days without a designated broker for the entity. The Committee stated that while this is a risk of any safe harbor period, the benefit and consumer protection outweighed any potential harm.

Several commenters wanted the safe harbor to be expanded to cover additional situations. Three commenters wanted these changes to be expanded to a broker who is incapacitated. The Committee noted that the rule has never addressed this scenario and expressed concerns regarding how incapacity would be demonstrated by the broker or determined by the agency. Similarly, two commenters wanted to expand the safe harbor to a broker who goes inactive. The Committee stated that this scenario does not have the same policy concerns as often a broker who goes inactive has planned to do so. Finally, one commenter wanted the safe harbor to be expanded to individual brokers who may or may not sponsor agents. The Committee noted that the situation is different for an individual broker. If an individual broker who sponsors sales agents passes away, any sponsored sales agent will be required to find a new broker, which they can quickly do by utilizing TREC's online Relationship Management Tool. In contrast, in the case of a designated broker, because the business entity still exists, then in most cases, the sponsored sales agents are not going to want to find a new broker (and would not need to if a new designated broker is named). If an individual broker passes away and does not sponsor agents, then there will not be any inactive sales agent unable to assist consumers in transactions (and although not a Commission issue, any representation agreements in place may terminate anyway).

Two commenters requested the Commission provide more education on succession planning, and the Committee noted that this topic will be included in the new Broker Responsibility Course.

One commenter asked whether a sole proprietor could name currently name a successor with TREC. The Committee said no, but that this could be accomplished by business planning (separate from the Commission's jurisdiction).

After reviewing and considering the comments, the Executive Committee declined to make changes to the rules as published. Similarly, after review and consideration of the comments, the Commission declined to make changes to the rules as published for the reasons cited above.

The amendments and new rule are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403890

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3057


SUBCHAPTER R. REAL ESTATE INSPECTORS

22 TAC §535.209, §535.213

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.209, Examinations, and §535.213, Qualifying Real Estate Inspector Instructors and Courses, in Chapter 535, General Provisions, without changes, as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4012) and will not be republished.

The amendments--which primarily rearrange existing requirements--are being adopted to clarify that the Texas Practicum is an experience requirement (categorized by statute as field work) and is separate and apart from an educational course. Education providers can still offer the Texas Practicum, but will no longer need to submit a course application for the Texas Practicum or issue course completion certificates to students. Instead, students will submit the credit request form to the agency to obtain credit.

The Texas Real Estate Inspector Committee (TREIC) recommended the amendments.

Two comments were received and were reviewed by TREIC.

One commenter expressed concern that the changes are inconsistent with applicable law, the Sunset Advisory Commission's 2019 report, antitrust standards, and that the changes as proposed create a barrier to entry by not allowing the Practicum to be taught by video.

TREIC discussed with agency staff and general counsel and does not share the same concerns. Additionally, with regard to the concern raised that the changes create a barrier to entry, TREIC believes this will have the opposite effect because this will result in a cost-savings for education providers offering the Practicum and potentially to students since providers won't be required to have the Practicum approved by the Commission (which comes with associated fees that are often passed down to students). Furthermore, the only time the Commission allowed for a video or virtual component to the Practicum was during COVID. This temporary allowance ended in August 2022.

Another commenter appeared to be in support of keeping the Practicum as a course. However, for the reasons stated above, TREIC declined to make any further changes.

After reviewing the comments and the recommendation by TREIC, the Commission also declined to make any changes for the reasons cited above.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102. The amendments are also adopted under Texas Occupations Code, §1102.111, which requires the agency, by rule, to provide for substitution of relevant experience in place of certain licensing requirements and limits the number of hours of field work.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403892

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3284


22 TAC §535.214

The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.214, Education and Experience Requirements for a License, in Chapter 535, General Provisions, with changes, as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4012), and will be republished. Changes to subsection (h)(1)(b)(i) include the addition of a clarifying statement that the required inspections also must include preparation of inspection reports by the applicant.

The amendments-which primarily rearrange existing requirements-clarify that the Texas Practicum is an experience requirement (categorized by statute as field work) and is separate and apart from an educational course. Education providers can still offer the Texas Practicum, but will no longer need to submit a course application for the Texas Practicum or issue course completion certificates to students. Instead, students will submit the credit request form to the agency to obtain credit.

The Texas Real Estate Inspector Committee recommended the amendments, including the addition of the clarifying statement described above.

Two comments were received and were reviewed by TREIC.

One commenter expressed concern that the changes are inconsistent with applicable law, the Sunset Advisory Commission's 2019 report, antitrust standards, and that the changes as proposed create a barrier to entry by not allowing the Practicum to be taught by video.

TREIC discussed with agency staff and general counsel and does not share the same concerns. Additionally, with regard to the concern raised that the changes create a barrier to entry, TREIC believes this will have the opposite effect because this will result in a cost-savings for education providers offering the Practicum and potentially to students since providers won't be required to have the Practicum approved by the Commission (which comes with associated fees that are often passed down to students). Furthermore, the only time the Commission allowed for a video or virtual component to the Practicum was during COVID. This temporary allowance ended in August 2022.

Another commenter appeared to be in support of keeping the Practicum as a course. However, for the reasons stated above, TREIC declined to make any further changes as a result of these comments.

After reviewing the comments and the recommendation by TREIC, the Commission also declined to make any changes as a result of these comments for the reasons cited above.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102. The amendments are also adopted under Texas Occupations Code, §1102.111, which requires the agency, by rule, to provide for substitution of relevant experience in place of certain licensing requirements and limits the number of hours of field work.

§535.214.Education and Experience Requirements for a License.

(a) Sponsored Experience and Education Requirements for a Real Estate Inspector License. To become licensed as a real estate inspector a person must:

(1) satisfy the 90-hour education requirement for licensure by completing the following coursework:

(A) Property and Building Inspection Module I, total 40 hours;

(B) Property and Building Inspection Module II, total 40 hours; and

(C) Business Operations and Professional Responsibilities Module, total 10 hours;

(2) have been licensed as an apprentice inspector on active status for a total of at least three months within the 12 month period before the filing of the application;

(3) complete 25 inspections; and

(4) pass the licensure examinations set out in §535.209 of this subchapter (relating to Examinations).

(b) Sponsored Experience and Education Requirements for a Professional Inspector License. To become licensed as a professional inspector, a person must:

(1) satisfy the 134-hour education requirement for licensure by completing the following coursework:

(A) Property and Building Inspection Module I, total 40 hours;

(B) Property and Building Inspection Module II, total 40 hours;

(C) Business Operations and Professional Responsibilities Module, total 10 hours;

(D) Texas Law Module, total 20 hours; and

(E) Texas Standards of Practice Module, total 24 hours;

(2) have been licensed as a real estate inspector on active status for a total of at least 12 months within the 24 month period before the filing of the application;

(3) complete 175 inspections; and

(4) pass the licensure examinations set out in §535.209 of this subchapter.

(c) Sponsored Experience Criteria. To meet the experience requirements for licensure under subsections (a) or (b) of this section, or to sponsor apprentice inspectors or real estate inspectors:

(1) the Commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold; and

(2) an inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection.

(d) Substitute Experience and Education Requirements for a Real Estate Inspector License. As an alternative to subsection (a) of this section, to become a licensed real estate inspector, a person must:

(1) complete a total of 114 hours of qualifying inspection coursework, which must include the following:

(A) Property and Building Inspection Module I, total 40 hours;

(B) Property and Building Inspection Module II, total 40 hours;

(C) Business Operations and Professional Responsibilities Module, total 10 hours; and

(D) Texas Standards of Practice Module, total 24 hours; and

(2) complete the Texas Practicum, as defined by subsection (h) of this section; and

(3) pass the licensure examinations set out in §535.209 of this subchapter; and

(4) be sponsored by a professional inspector.

(e) Substitute Experience and Education Requirements for a Professional Inspector License. As an alternative to subsection (b) of this section, to become a licensed professional inspector, a person must:

(1) complete a total of 154 hours of qualifying inspection coursework, which must include the following:

(A) Property and Building Inspection Module I, total 40 hours;

(B) Property and Building Inspection Module II, total 40 hours;

(C) Business Operations and Professional Responsibilities Module, total 10 hours;

(D) Analysis of Findings and Reporting Module, total 20 hours;

(E) Texas Law Module, total 20 hours;

(F) Texas Standards of Practice Module, total 24 hours; and

(2) complete the Texas Practicum as defined by subsection (h) of this section; and

(3) pass the licensure examinations set out in §535.209 of this subchapter.

(f) Courses completed for a real estate inspector license under this section shall count towards the identical qualifying inspection coursework for licensure as a professional inspector.

(g) Experience Credit. The Commission may award credit for education required under subsections (d) and (e) of this section to an applicant who:

(1) has three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property; and

(2) provides to the Commission two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.

(h) Texas Practicum.

(1) To receive credit for completion, the Texas Practicum must:

(A) be supervised by a licensed inspector who has:

(i) been actively licensed as a professional inspector for at least five years; and

(ii) at least three years of supervisory or training experience with inspectors; or

(iii) performed a minimum of 200 real estate inspections as a Texas professional inspector;

(B) consist of:

(i) a minimum of five complete and in-person inspections, totaling 40 hours, including the preparation by the applicant of a written inspection report for each completed inspection; and

(ii) no more than four students per supervising inspector; and

(C) include a review of each inspection report prepared by the applicant in which the supervising inspector must find that each report:

(i) is considered satisfactory for release to an average consumer; and

(ii) demonstrates an understanding of:

(I) report writing;

(II) client interaction;

(III) personal property protection; and

(IV) concepts critical for the positive outcome of the inspection process.

(2) An applicant may request credit for completing the Texas Practicum by submitting to the Commission the credit request form approved by the Commission.

(3) Audits.

(A) The Commission staff may conduct an audit of any information provided on the credit request form, including verifying that the supervising inspector meets the qualifications in paragraph (1)(A) of this subsection.

(B) The following acts committed by a supervising inspector conducting the Texas Practicum are grounds for disciplinary action:

(i) making material misrepresentation of fact;

(ii) making a false representation to the Commission, either intentionally or negligently, that an applicant completed the Texas Practicum in its entirety, satisfying all requirements for credit.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2024.

TRD-202403893

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Effective date: September 11, 2024

Proposal publication date: June 7, 2024

For further information, please call: (512) 936-3284