TITLE 22. EXAMINING BOARDS

PART 11. TEXAS BOARD OF NURSING

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE

The Texas Board of Nursing (Board) proposes amendments to 22 Texas Administrative Code §217.5, relating to Temporary License and Endorsement, and §217.9, relating to Inactive and Retired Status. The amendments are being proposed under the authority of Texas Occupations Code §301.151 and House Bill 5629, effective September 1, 2025.

BACKGROUND

In 2019, the Texas Legislature enacted S.B. 1200 which created Texas Occupations Code §55.0041 to recognize out-of-state occupational licenses for a spouse of a military service member. This allows the portability of a license for the spouse of a service member, so the spouse does not have to redo any curriculum and testing from one state to another when the service member changes duty station. In 2021, during the 87th Regular Legislative Session, the Legislature enacted H.B. 139 that further amended Texas Occupations Code §55.0041, requiring a state agency that issues a license with a residency requirement for license eligibility to adopt rules regarding the documentation necessary for a military spouse applicant to establish residency; allowing the provision to the agency of a copy of the permanent change of station order for the military service member to whom the spouse is married.

During the 88th Legislative Session, S.B. 422 was enacted, which amended §55.0041 and extended this occupational licensing reciprocity to military members who often must station in states outside of where they originally obtained their license, but who still wish to provide valuable services, such as nursing, that are experiencing workforce shortages.

H.B. 5629, enacted during the 89th Regular Legislative Session, has again amended §55.004 and §55.0041. The bill revises the criteria that must be met in order to apply for licensure pursuant to §55.004, requiring that the military service member or spouse hold a current license issued by another state that is similar in scope of practice to the license in this State and that the applicant remains in good standing with that state's licensing authority. The revised law further specifies the required contents of a license application that is submitted pursuant to §55.0041, including a copy of the applicant's military orders showing relation to this state, a copy of a military spouse's marriage license, and a notarized affidavit. Additionally, H.B. 5629 requires that state agencies respond to applications for licensure submitted by service members or spouses pursuant to §55.0041 no later than the 10th business day after the agency received the application. H.B. 5629 also requires that a state agency that issues a license or recognizes an out-of-state license maintains a record of each complaint made against a military service member, military veteran, or military spouse to whom the agency issued a license or who holds an out-of-state license recognized by the agency. Such complaints are required to be published on a quarterly basis on the agency's website.

Texas is a member of the enhanced Nurse Licensure Compact (eNLC), which confers privileges to practice on nurses in 43 states, which does not require the specific requirements laid out in the bill. For those that do not possess multistate licenses but qualify as military service members or military spouses, these amendments clarify the process pursuant to H.B. 5629.

The Board commends the Legislature for simplifying the process for military families that seek to practice nursing in Texas and propounds the following amendments to operationalize the requirements in H.B. 5629.

Additionally, the Board proposes amendments to 22 Texas Administrative Code §217.9 related to inactive and retired licensure status. The proposed amendments are designed to update the rules to comport with current processes and permit online status changes. These amendments will enhance efficiency for the agency and license holders.

SECTION-BY-SECTION SUMMARY OVERVIEW

22 Texas Administrative Code §217.5(h) relates to out-of-state licensure of military service members or military spouse applicants. The proposed amendment to §217.5(h) replaces the "substantially equivalent" standard for licensing requirements with the "similar in scope of practice" as required by H.B. 5629. The additional requirement that military members or their spouses who submit applications pursuant to §55.0041 be in good standing is also added to §217.5(h). The proposed amendment also adds the specified components of the licensing application as required by H.B. 5629, namely submission of the member's military orders, a copy of the military spouse's marriage license, and a notarized affidavit. Further, §217.5(h) is amended to reflect the Board's obligation to notify the applicant no later than 10 business days after the date of their application submission that their out-of-state license is recognized, that their application is incomplete, or that the agency is unable to issue a license or authorization.

22 Texas Administrative Code §217.9 relates to inactive and retired licensure status. The proposed amendment provides that a nurse may change their licensure status from "active" to "inactive" status by submitting the nurse licensure deactivation form via the Texas Nurse Portal instead of through the current method of submitting a written request to the Board or making such request at the time of license renewal. Further, the proposed amendment removes the required fee associated with such request.

FISCAL NOTE

Dr. Kristin Benton, Executive Director, has determined that for each year of the first five years the proposed amendments will be in effect, there will be no change in the revenue to state government as a result of the enforcement or administration of the proposal.

PUBLIC BENEFIT/COST NOTE

Dr. Benton has also determined that for each year of the first five years the proposed amendments are in effect, the anticipated public benefit will be the adoption of rules that comply with H.B. 5629, remove any unnecessary impediments to a single state licensure in Texas for military veteran applicants, and clarify the applicability of the rule. There are no anticipated costs of compliance with the proposal. The proposal only applies to military veterans along with previously covered military member and military spouse applicants applying for licensure in Texas. For these applicants, the proposed amendments remove any unnecessary requirements related to proof of residency, unreasonable delay, or application fees in order to obtain single state licensure in Texas.

COSTS UNDER THE GOVERNMENT CODE §2001.0045.

The Government Code § 2001.0045 prohibits agencies from adopting a rule that imposes costs on regulated persons unless the agency repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule or amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. Pursuant to §2001.0045(c)(9), this prohibition does not apply to a rule that is necessary to implement legislation, unless the legislature specifically states §2001.0045 applies to the rule. There are no anticipated costs of compliance with the proposal, and the proposal is necessary for consistency with the statutory requirements of H.B. 5629.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICRO BUSINESSES AND RURAL COMMUNITIES.

The Government Code §2006.002(c) and (f) require, that if a proposed rule may have an economic impact on small businesses, micro businesses, or rural communities, state agencies must prepare, as part of the rulemaking process, an economic impact statement that assesses the potential impact of the proposed rule on these businesses and communities and a regulatory flexibility analysis that considers alternative methods of achieving the purpose of the rule. Because there are no anticipated costs of compliance associated with the proposal, an economic impact statement and regulatory flexibility analysis is not required.

GOVERNMENT GROWTH IMPACT STATEMENT.

The Board is required, pursuant to Government Code §2001.0221 and 34 Texas Administrative Code §11.1, to prepare a government growth impact statement. The Board has determined for each year of the first five years the proposed amendments will be in effect: (i) the proposal does not create or eliminate a government program; (ii) the proposal is not expected to have an effect on current agency positions; (iii) implementation of the proposal does not require an increase or decrease in future legislative appropriations to the Board; (iv) the proposal does not affect the fees paid to the Board; (v) the proposal amends an existing regulation for consistency with the statutory requirements of H.B. 5629 and makes changes that result in less restrictive and clear rules; (vi) the proposal does not expand, limit, or repeal an existing regulation; (vii) the proposal does not extend to new entities not previously subject to the rule; and (viii) the proposal will not affect the state's economy.

TAKINGS IMPACT ASSESSMENT.

The Board has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.

REQUEST FOR PUBLIC COMMENT.

To be considered, written comments on this proposal should be submitted to Gisselle Gonzales, Director of Operations and James W. Johnston, General Counsel, Texas Board of Nursing, 1801 Congress, Suite 10-200, Austin, Texas 78701, or by e-mail to Gisselle.Gonzales@bon.texas.gov and Dusty.Johnston@bon.texas.gov, or faxed to (512) 305-8101. If a hearing is held, written and oral comments presented at the hearing will be considered.

STATUTORY AUTHORITY

The amendment is proposed under the authority of Texas Occupations Code §301.151 and H.B. 5629 amending Texas Occupations Code §55.004, §55.0041, §55.0042, and §55.005.

CROSS REFERENCE TO STATUTE

The following statutes are affected by this proposal: Texas Occupations Code §301.151, §55.004, §55.0041, §55.0042, and §55.005.

§217.5. Temporary License and Endorsement.

(a) - (g) (No change.)

(h) Out of-State Licensure of Military Service Member or Military Spouse.

(1) Pursuant to Texas Occupations Code §55.0041, a military service member , military veteran, or military spouse is eligible to practice nursing in Texas if the member , veteran, or spouse:

(A) holds an active, current license to practice nursing in another state [~~or territory~~]:

(i) that is similar in scope of practice [~~has licensing requirements, including education requirements, that are determined by the Board to be substantially equivalent~~] to the requirements for nursing licensure in Texas; and

(ii) that is in good standing, as defined by Texas Occupations Code §55.0042. [~~is not subject to any current restriction, eligibility order, disciplinary order, probation, suspension, or other encumbrance;~~]

(B) submits to the Board a copy of the member's military orders showing relocation to this state [~~submits a copy of the member's or spouse's military identification card~~];

(C) if the applicant is a military spouse, submits to the Board a copy of the military spouse's marriage license [~~notifies the Board of the member's or spouse's intent to practice nursing in Texas on a form prescribed by the Board~~]; and

(D) submits to the Board a notarized affidavit affirming under penalty of perjury: [meets the Board's fitness to practice and eligibility criteria set forth in §213.27 (relating to Good Professional Character), §213.28 (relating to Licensure of Individuals with Criminal History), and §213.29 (relating to Fitness to Practice) of this title.]

(i) that the applicant is the person described and identified in the application;

(ii) that all statements in the application are true, correct, and complete;

(iii) that the applicant understands the scope of practice for the license and will not perform outside that scope of practice; and

(iv) that the applicant is in good standing in each state in which the applicant holds or has held an applicable license.

(2) If a military service member or military spouse meets the criteria set forth in this subsection, the Board will issue a license or authorization to the member or spouse to practice nursing in Texas. The member or spouse will not be charged a fee for the issuance of the license. A license issued under this subsection is valid through the third anniversary of the date of the application submission [~~issuance of the license~~]; thereafter, the license is subject to the Board's standard renewal cycle.

(3) A military service member or military spouse who is unable to meet the criteria set forth in this subsection remains eligible to seek licensure in Texas, as set forth in §217.2 (relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions), §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction), §221.3 (relating to APRN Education Requirements for Licensure), §221.4 (relating to Licensure as an APRN), §213.30 (relating to Declaratory Order of Eligibility for Licensure), or the other remaining subsections of this section.

(4) For a military service member or military spouse applying [~~for licensure~~] under this subsection, the Board will:

(A) determine whether the jurisdiction in which the member or spouse is licensed has similar licensure scope of practice to [~~requirements substantially equivalent to the requirements for~~] the type of license in this state; and

(B) not later than 10 business [30] days after the date the member or spouse applies under this section, notify the applicant that the agency is recognizing the out-of-state license by issuing the appropriate license or authorization, that the application is incomplete, or that the agency is unable to issue any license or authorization [provides notice of intent to practice in this state and a copy of the military identification card, verify whether the member or spouse is licensed in good standing in the jurisdiction in which the member or spouse is licensed].

(5) While practicing nursing in Texas, the military service member or spouse must comply with all laws and regulations applicable to the practice of nursing in Texas.

(6) A military spouse issued a license under this section may continue to practice under the license until the third anniversary of the application submission [~~its issuance~~] regardless of the occurrence before that date of divorce or a similar event affecting the license holder's status as a military spouse.

§217.9. Inactive and Retired Status.

(a) A nurse may change his/her licensure status from "active" to "inactive" status by submitting the nurse licensure deactivation form in the Texas Nurse Portal. [:]

~~[(1) submitting a written request to the Board prior to the expiration of his/her license; or]~~

~~[(2) designating "inactive" on the renewal form, if at the time of renewal.]~~

(b) (No change.)

(c) Retired Status. A nurse who wishes to change his/her licensure status to "retired" status and is eligible to do so under subsection (b) of this section must submit a form in the Texas Nurse Portal on the Board's website requesting to use one of the following titles: [~~the following information to the Board:~~]

~~[(1) a written request to use one of the following titles:]~~

(1) [~~(A)~~] "Licensed Vocational Nurse, Retired"; "LVN, Retired"; "Vocational Nurse, Retired"; or "VN, Retired";

(2) [~~(B)~~] "Registered Nurse, Retired" or "RN, Retired"; or

(3) [~~(C)~~] "RN, Nurse Anesthetist, Retired"; "RN, Nurse-Midwife, Retired"; "RN, Nurse Practitioner, Retired"; or "RN, Clinical Nurse Specialist, Retired". [~~; and~~]

~~[(2) the required, non-refundable fee.]~~

(d) - (i) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 8, 2025.

TRD-202503184

Dusty Johnston

General Counsel

Texas Board of Nursing

Earliest possible date of adoption: October 19, 2025

For further information, please call: (512) 305-6879

PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 535. GENERAL PROVISIONS

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

22 TAC §535.61, §535.66

The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.61, Approval of Providers of Qualifying Courses and §535.66, Credit for Courses Offered by Accredited Colleges or Universities, in Chapter 535, General Provisions.

The proposed amendments to §535.61 and §535.66 are made as a result of SB 1968, enacted by the 89th Legislature, which is effective January 1, 2026. SB 1968 adds that public high schools are exempted from qualifying education provider requirements, like accredited colleges and universities. As a result, the term "public high school" is added and clarifying changes are made to rule provisions related to the existing accredited college and university exemption to accommodate this addition.

Clarifying changes are also made in §535.66(c)(1) to mirror the changes to the definition of qualifying real estate courses in §1101.003, Occupations Code, made by SB 1968.

Abby Lee, General Counsel, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Lee also has determined that for each year of the first five years the section as proposed are in effect, the public benefit anticipated as a result of enforcing the section will be greater clarity in the rules and consistency with applicable law.

For each year of the first five years the proposed amendments are in effect, the amendments will not:

-create or eliminate a government program;

-require the creation of new employee positions or the elimination of existing employee positions;

-require an increase or decrease in future legislative appropriations to the agency;

-require an increase or decrease in fees paid to the agency;

-create a new regulation;

-expand, limit or repeal an existing regulation;

-increase or decrease the number of individuals subject to the rule's applicability;

-positively or adversely affect the state's economy.

Comments on the proposal may be submitted through the online comment submission form at https://www.trec.texas.gov/rules-and-laws/comment-on-proposed-rules, to Abby Lee, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer 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 proposed under Texas Occupations Code §1101.301, which authorizes rulemaking related to qualifying education providers and courses.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed amendments.

§535.61. Approval of Providers of Qualifying Courses.

(a) Application for approval.

(1) Unless otherwise exempt under subsection (b) of this section, a person desiring to be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspection qualifying courses shall:

(A) file an application using a process acceptable to the Commission, with all required documentation;

(B) submit the required fee under §535.101 of this chapter (relating to Fees) or §535.210 of this chapter (relating to Fees);

(D) maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the provider is required to maintain by this subchapter.

(2) The Commission may:

(A) request additional information be provided to the Commission relating to an application; and

(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request.

(3) An approved provider is permitted to offer courses in real estate, easement or right-of-way, and real estate inspection that have been approved by the Commission.

(b) Exempt Providers.

(1) The following persons may submit real estate qualifying courses for approval for credit in §535.62(i) of this subchapter (relating to Approval of Qualifying Courses) without becoming an approved provider of qualifying courses:

(A) a person approved by a real estate regulatory agency to offer qualifying real estate courses in another state that has approval requirements for providers that are substantially equivalent to the requirements for approval in this state;

(B) a public high school or an accredited college or university in accordance with §535.66 of this subchapter (relating to Credit for Courses Offered by Public High School or Accredited Colleges or Universities) [~~where courses are offered in accordance with national or regional accreditation standards~~];

(C) a post-secondary educational institution established in and offering qualifying real estate courses in another state;

(D) a United States armed forces institute; and

(E) a nationally recognized professional designation institute or council in the real estate industry.

(2) The following persons may submit real estate inspector qualifying courses for approval for credit under §535.62(i) of this subchapter without becoming an approved provider of qualifying courses:

(A) a provider approved by an inspector regulatory agency of another state that has approval requirements for providers that are substantially equivalent to the requirements for approval in this state;

(B) a public high school or an accredited college or university in accordance with §535.66 of this subchapter [~~where courses are offered in accordance with national or regional accreditation standards~~];

(D) a unit of federal, state or local government;

(E) a nationally recognized building, electrical, plumbing, mechanical or fire code organization;

(F) a professional trade association in the inspection field or in a related technical field; or

(G) an entity whose courses are approved and regulated by an agency of this state.

(3) The following persons may submit easement or right-of-way qualifying courses for approval for credit in §535.62(i) of this subchapter without becoming an approved provider of qualifying courses:

(A) a public high school or an accredited college or university in accordance with §535.66 of this subchapter [~~where courses are offered in accordance with national or regional accreditation standards~~]; and

(B) a United States armed forces institute.

(c) Standards for approval. To be approved as a provider by the Commission, the applicant must meet the following standards:

(1) 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 to manage the operation of the applicant, that person must meet this standard as if that person were the applicant;

(2) the applicant must demonstrate that the applicant has sufficient financial resources to conduct its proposed operations on a continuing basis without risk of loss to students taking courses; and

(3) that any proposed facilities will be adequate and safe for conducting courses.

(d) Financial review. An applicant shall provide the following information to enable the Commission to determine if an applicant has sufficient financial resources to conduct its proposed operations:

(1) business financial statements prepared in accordance with generally accepted accounting principles, which shall include a current income statement and balance sheet;

(2) a proposed budget for the first year of operation; and

(3) a market survey indicating the anticipated enrollment for the first year of operation.

(e) Insufficient financial condition. The existence of any of the following conditions shall constitute prima facie evidence that an applicant's financial condition is insufficient:

(1) nonpayment of a liability when due, if the balance due is greater than 5% of the approved provider's current assets in the current or prior accounting period;

(2) nonpayment of three or more liabilities when due, in the current or prior accounting period, regardless of the balance due for each liability;

(3) a pattern of nonpayment of liabilities when due, in two or more accounting periods, even if the liabilities ultimately are repaid;

(4) a current ratio of less than 1.75 for the current or prior accounting period, this ratio being total current assets divided by total current liabilities;

(5) a quick ratio of less than 1.60 for the current or prior accounting period, this ratio being the sum of all cash equivalents, marketable securities, and net receivables divided by total current liabilities;

(6) a cash ratio of less than 1.40 for the current or prior accounting period, this ratio being the sum of cash equivalents and marketable securities divided by total current liabilities;

(7) a debt ratio of more than .40 for the current or prior accounting period, this ratio being total liabilities divided by total assets;

(8) a debt-to-equity ratio of greater than .60 for the current or prior accounting period, this ratio being total liabilities divided by owners' or shareholders' equity;

(9) a final judgment obtained against the approved provider for nonpayment of a liability which remains unpaid more than 30 days after becoming final; or

(10) the execution of a writ of garnishment on any of the assets of the approved provider.

(f) Approval notice. An applicant shall not act as or represent itself to be an approved provider until the applicant has received written notice of approval from the Commission.

(g) Period of initial approval. The initial approval of a provider of qualifying courses is valid for four years.

(h) Statutory bond or other security. An approved provider whose statutory bond or other security has been cancelled will be placed on inactive status until the bond or security is reinstated.

(i) Payment of an annual operation fee.

(1) An approved provider shall submit the Commission approved form and pay an annual operation fee prescribed by §535.101 of this chapter no later than the last day of the month of each anniversary date of the provider's approval.

(2) An approved provider who fails to pay the annual operation fee as prescribed shall be placed on inactive status and notified in writing by the Commission.

(3) The approved provider will remain on inactive status and unable to offer courses until the annual fee is paid.

(4) The Commission will not give credit for courses offered by a provider on inactive status.

(j) Denial of application.

(1) If the Commission determines that an applicant does not meet the standards for approval, the Commission will provide written notice of denial to the applicant.

(2) The denial notice, applicant's request for a hearing on the denial, and any hearing are governed by the Administrative Procedure Act, Chapter 2001, Texas Government Code, and Chapter 533 of this title (relating to Practice and Procedure).

(k) Renewal.

(1) A provider may not enroll a student in a course during the 60-day period immediately before the expiration of the provider's current approval unless the provider has submitted an application for renewal for another four year period not later than the 60th day before the date of expiration of its current approval.

(2) Approval or disapproval of a renewal shall be subject to:

(A) the standards for initial applications for approval set out in this section; and

(B) whether the approved provider has met or exceeded the exam passage rate benchmark established by the Commission under subsection (l) of this section.

(3) The Commission will not require a financial review for renewal if the applicant has provided a statutory bond or other security acceptable to the Commission under §1101.302 of the Act, and there are no unsatisfied final money judgments against the applicant.

(4) The Commission may deny an application for renewal if the provider is in violation of a Commission order.

(l) Exam passage rates and benchmark.

(1) The exam passage rate for an approved provider shall be:

(A) calculated for each license category for which the provider offers courses and an examination is required; and

(B) displayed on the Commission website by license category.

(2) A student is affiliated with a provider under this subsection if the student took the majority of his or her qualifying education with the provider in the two year period prior to taking the exam for the first time.

(3) The Commission will calculate the exam passage rate of an approved provider on a monthly basis, rounded to two decimal places on the final calculated figure, by:

(A) determining the number of students affiliated with that approved provider who passed the examination on their first attempt in the two-year period ending on the last day of the previous month; and

(B) dividing that number by the total number of students affiliated with that provider who took the exam for the first time during that same period.

(4) For purposes of approving a renewal application under subsection (j) of this section, the established exam passage rate benchmark for each license category is 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.

(5) If at the time the Commission receives a renewal application from the provider requesting approval for another four year term, the provider's exam passage rate does not meet the established benchmark for a license category the provider will be:

(A) denied approval to continue offering courses for that license category if the provider's exam passage rate is less than 50% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month; or

(B) placed on probation by the Commission if the provider's exam passage rate is greater than 50% but less than 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.

(6) The exam passage rate of a provider on probation will be reviewed annually at the time the annual operating fee is due to determine if the provider can be removed from probation, remain on probation or have its license revoked, based on the criteria set out in paragraph (5) of this subsection.

§535.66. Credit for Courses Offered by Accredited Colleges or Universities.

(a) For the purposes of this section, an "accredited college or university" is defined as a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or by a recognized national or international accrediting body.

(b) Exemption. Pursuant to §1101.301, Texas Occupations Code, the Commission does not approve qualifying educational programs or courses of study in real estate and real estate inspection offered by a public high school or an accredited college or university; however, the Commission has the authority to determine whether a real estate or real estate inspection course satisfies the requirements of the Act and Chapter 1102.

(c) Credit for real estate courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university must meet the following requirements:

(1) cover the subject and topics required by [~~listed in~~] §1101.003, Texas Occupations Code, or §535.64 of this subchapter (relating to Content Requirements for Qualifying Real Estate Courses); and

(2) comply with the curriculum accreditation standards required of the public school, college , or university by the applicable accreditation agency or association for verification of clock/course hours, design and delivery method.

(d) Credit for real estate inspector courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university meet the following requirements:

(1) meet the subject and topic definitions set out in §1102.001(5), Texas Occupations Code, as clarified by the Commission in §535.213 of this chapter (relating to Qualifying Real Estate Inspector Instructors and Courses); and

(3) any courses offered to fulfill the substitute experience requirements allowed under §1102.111 must meet the requirements set out in §535.214 of this chapter (relating to Education and Experience Requirements for a License).

(e) Credit for easement or right-of-way courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university must meet the following requirements:

(1) cover the subject and topics set out in §1101.509, Occupations Code, in substantially the same manner as clarified by the Commission in §535.68 of this subchapter (relating to Content Requirements for Easement or Right-of-Way Qualifying Course); and

(2) comply with the curriculum accreditation standards required of the public school, college, or university by the applicable accreditation agency or association for verification of clock/course hours, design, and delivery method.

(f) Preapproval of a course offered under subsections (c), (d), or (e).

(1) A public high school or an [An] accredited college and university may submit qualifying courses to the Commission for preapproval by using a process acceptable to the Commission.

(2) Any course offered by a public high school or an accredited college or university without preapproval by the Commission will be evaluated by the Commission, using the standards set out in this section, to determine whether it qualifies for credit at such time as a student submits a transcript with the course to the Commission for credit.

(3) A public high school or an [An] accredited college or university may not represent that a course qualifies for credit by the Commission unless the public high school or accredited college or university receives written confirmation from the Commission that the course has been preapproved for credit.

(g) Required approval of qualifying courses not offered under subsections (c), (d), or (e) of this section or that are not subject to academic accreditation standards.

(1) To be eligible for credit from the Commission, a qualifying course offered by a public high school or an accredited college and university that is not offered under subsections (c), (d), or (e) of this section or that is not subject to academic accreditation standards is required to be submitted for approval by the Commission in accordance with §535.62 of this subchapter (relating to Approval of Qualifying Courses), including payment of any fee required.

(2) A public high school or an [An] accredited college or university may not represent that a course qualifies for credit by the Commission unless the public high school or accredited college or university receives written confirmation from the Commission that the course has been approved.

(h) Complaints and audits.

(1) If the Commission receives a complaint, or is presented with other evidence acceptable to the Commission, alleging that public high school or an accredited college or university is not in compliance with their accreditation agency's or association's curriculum accreditation standards for a real estate, easement or right-of-way, or real estate inspection course offered under subsections (c), (d), or (e) of this section, or is not complying with the requirements of this subchapter for a real estate, easement or right-of-way, or real estate inspection course not offered under subsections (c), (d), or (e) of this section, the Commission may investigate the allegation and/or anonymously audit the course in question.

(2) If after an investigation and/or audit, the Commission determines that a public high school or an accredited college or university is not in compliance with their accreditation agency's or association's curriculum accreditation standards for a real estate, easement or right-of-way, or real estate inspection course offered under subsections (c), (d), or (e), or is not complying with the requirements of this subchapter for a real estate, easement or right-of-way, or real estate inspection course not offered under subsections (c), (d), or (e) of this section, the Commission will no longer issue credit to applicants for that course.

(i) Required approval of CE program and courses. A public high school or an [An] accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this chapter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 4, 2025.

TRD-202503154

Abby Lee

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 19, 2025

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

SUBCHAPTER G. REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS

22 TAC §535.75

The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.75, Responsibilities and Operations of Continuing Education Providers, in Chapter 535, General Provisions.

The proposed changes add "public high school" as an exempted continuing education provider to mirror the changes made by SB 1968, enacted by the 89th Legislature, which becomes effective January 1, 2026. SB 1968 adds that public high schools are exempted from qualifying education provider requirements, like accredited colleges and universities. As a result, a public high school is also added to §535.75 for consistency in the rules, as well as agency practices.

For each year of the first five years the proposed amendments are in effect, the amendments will not:

-create or eliminate a government program;

-require the creation of new employee positions or the elimination of existing employee positions;

-require an increase or decrease in future legislative appropriations to the agency;

-require an increase or decrease in fees paid to the agency;

-create a new regulation;

-expand, limit or repeal an existing regulation;

-increase or decrease the number of individuals subject to the rule's applicability;

-positively or adversely affect the state's economy.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed amendments.

§535.75. Responsibilities and Operations of Continuing Education Providers.

(a) Except as provided by this section, CE providers must comply with the responsibilities and operations requirements of §535.65 of this chapter (relating to Responsibilities and Operations of Providers of Qualifying Courses).

(b) Use of Qualified Instructor.

(1) Except as provided by this subsection, a CE provider must use an instructor that:

(A) is currently qualified under §535.74 of this subchapter (relating to Qualifications for Continuing Education Instructors); and

(B) has expertise in the subject area of instruction and ability as an instructor;

(2) A CE instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval form;

(3) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for real estate, easement or right-of-way, or inspector elective CE courses provided that:

(A) the guest instructor instructs for no more than a total of 50% of the course; and

(B) a CE instructor qualified under §535.74 of this subchapter remains in the classroom during the guest instructor's presentation.

(4) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for 100% of a real estate, easement or right-of-way, or inspector elective CE courses provided that:

(A) The CE provider is:

(i) a public school or an accredited college or university;

(ii) a professional trade association that is approved by the Commission as a CE provider under §535.71 of this subchapter (relating to Approval of Continuing Education Providers); or

(iii) an entity exempt under §535.71 of this subchapter; and

(B) the course is supervised and coordinated by a CE instructor qualified under §535.74 of this subchapter who is responsible for verifying the attendance of all who request CE credit.

(1) For real estate CE courses, examinations are only required for non-elective CE courses and must comply with the requirements in §535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour.

(2) For inspector CE courses, examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in §535.72(g) of this subchapter and have a minimum of four questions per course credit hour.

(d) Course completion roster. Upon completion of a course, a CE provider shall submit a class roster to the Commission as outlined by this subsection.

(1) A provider shall maintain a course completion roster and submit information contained in the roster by electronic means acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed.

(2) A course completion roster shall include:

(A) the provider's name and license;

(B) a list of all instructors whose services were used in the course;

(D) the course numbers;

(E) the number of classroom credit hours;

(F) the course delivery method; and

(G) the dates the student started and completed the course.

(3) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.

(4) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.

(e) Maintenance of records. Maintenance of CE provider's records is governed by this subsection.

(1) A CE provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

(2) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.

(3) A CE provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

(4) Upon request, a CE provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(f) Changes in ownership or operation of an approved CE Provider. Changes in ownership or operation of an approved CE provider are governed by this subsection.

(1) An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:

(A) ownership;

(B) management; and

(2) An approved provider requesting approval of a change in ownership shall provide a CE Provider Application including all required information and the required fee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 4, 2025.

TRD-202503155

Abby Lee

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 19, 2025

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

CHAPTER 543. RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT

22 TAC §543.13

The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §543.13, Renewal of Registration in Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act.

Currently, Commission rule §543.4, Fees, requires a timeshare developer seeking to reinstate an expired registration of a timeshare plan, to pay certain fees in order to do so. The proposed amendments to §543.13 establish a corresponding reinstatement process for consistency within the timeshare rules and with rules related to other license types.

For each year of the first five years the proposed amendments are in effect the amendments will not:

-create or eliminate a government program;

-require the creation of new employee positions or the elimination of existing employee positions;

-require an increase or decrease in future legislative appropriations to the agency;

-require an increase or decrease in fees paid to the agency;

-create a new regulation;

-expand, limit or repeal an existing regulation;

-increase or decrease the number of individuals subject to the rule's applicability;

-positively or adversely affect the state's economy.

The amendments are proposed under the Texas Property Code, §221.024, which authorizes the Texas Real Estate Commission to prescribe and publish forms and adopt rules necessary to carry out the provisions of The Texas Timeshare Act.

The statute affected by this proposal is Chapter 221, Property Code. No other statute, code or article is affected by the proposed amendments.

§543.13. Renewal of Registration.

(a) The registration of a timeshare plan expires on the last day of the month two years after the date the plan was registered.

(b) A developer of a timeshare plan may renew the registration for a two-year period by submitting an application using a process acceptable to the Commission and paying the appropriate filing fee.

(c) The Commission will deliver a renewal notice to a developer 90 days before the expiration of the registration of the timeshare plan.

(d) An application to renew a timeshare plan is considered void and is subject to no further evaluation or processing when the developer fails to provide information or documentation within 60 days after the Commission makes written request for correct or additional information or documentation.

(e) Registration Reinstatement. A developer of a timeshare plan may reinstate an expired registration if:

(1) the registration has been expired for less than two years;

(2) submits an application using a process acceptable to the Commission; and

(3) submits the required fee under §543.4 of this chapter (relating to Fees).

(f) [~~(e)~~] Denial of Renewal. The Commission may deny an application for renewal of a registration if the developer of a timeshare plan is in violation of the terms of a Commission order.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 4, 2025.

TRD-202503156

Abby Lee

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 19, 2025

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