(a) A provider must ensure that an instructor who teaches real estate, easement or right-of-way, or real estate inspection qualifying courses is competent in the subject matter to be taught and has the ability to teach effectively.     
      (b) Except as provided by subsection (c) of this section, the provider must use an instructor who possesses the following qualifications:      
        (1) a college degree in the subject area to be taught and three years of experience in teaching or training;       
        (2) five years of active experience as a license holder (broker for Real Estate Brokerage and Broker Responsibility courses) and three years of experience in teaching or training; or       
        (3) the equivalent of subsection (b)(1) or (2) of this section as determined by the provider after consideration of the instructor's professional experience, research, authorship, or other significant endeavors in real estate, easement or right-of-way, or real estate inspection.       
      (c) For Texas Standards of Practice or Inspector Legal and Ethics and Standards of Practice Review, the provider must use an instructor who has five years of active licensure as a Texas professional inspector, and has:      
        (1) performed a minimum of 200 real estate inspections as a Texas professional inspector; or       
        (2) three years of experience in teaching and/or sponsoring trainees or inspectors.       
     Source Note:        The provisions of this §535.63 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective May 23, 2016, 41 TexReg 3695; amended to be effective May 24, 2017, 42 TexReg 2724; amended to be effective September 2, 2019, 44 TexReg 4736; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948