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TREC advances rule changes tied to new online licensing system, removes some proctoring requirements
Summary
The commission authorized staff to propose multiple amendments to the Texas Administrative Code aligning rules with a new license-management system (online submissions, removal of some proctoring/closed-book requirements) and to correct form references; proposals will go out for public comment.
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The Texas Real Estate Commission voted May 5 to authorize staff to publish proposed rule amendments to several parts of 22 TAC to reflect the agency’s new online license-management system and the quadrennial rule review.
Agency staff and counsel summarized the package of changes affecting chapters covering qualifying and continuing education (22 TAC §5.35 and related sections), contract forms (chapter 5.37), criminal-history evaluation/determination of fitness (22 TAC §5.41.2), and registration/renewal rules (chapter 5.43). Staff said the proposed changes remove paper-specific references (including checks), clarify online submission processes, correct form reference numbers, and add a notice that online payments may include a DIR-required convenience fee.
Notable education-related changes include removing a requirement to proctor certain qualifying-course final exams when delivered by technology to remote sites, and removing a blanket closed-book requirement for some final exams. Staff said ESAC and the inspector committee recommended these proctoring changes to reduce burdens where the licensing exam itself remains proctored. The proposed amendments also clarify how additional delivery-method approvals will expire relative to the originally approved course.
Abby Leone presented the rule summaries and recommended the commission authorize staff to submit the amendments to the Texas Register for publication and public comment. Commissioners asked procedural questions; motions to propose the various chapter amendments were moved, seconded and carried by voice votes.
Staff will publish the proposed changes for public comment per the Administrative Procedure Act; adoption would be decided in a future public meeting after consideration of comments. The commission did not adopt final rules at this meeting, but authorized proposal and publication for public input.

