(a) General requirements.
  (1) This subsection applies to continuing education providers seeking to offer an elective CE course approved by the Commission.
  (2) Non-elective CE courses are approved and regulated under §535.72 of this subchapter (related to Approval of Non-elective Continuing Education Courses).
(b) Application for approval of an elective CE course.
  (1) For each continuing education course an applicant intends to offer, the applicant must:
    (A) submit the appropriate CE Course Application form;
    (B) pay the fee required by §535.101 (relating to Fees) and §535.210 of this title (relating to Fees); and
    (C) submit a timed course outline that includes:
      (i) course topics;
      (ii) assignments and activities, if applicable;
      (iii) topic or unit quizzes, if applicable; and
      (iv) the amount of time dedicated for each item listed in clauses (i) - (iii) of this subparagraph.
  (2) A provider may file a single application for a CE course offered through multiple delivery methods. A fee is required for content review of each CE course and for each distinct delivery method utilized by a provider for that course.
  (3) A provider who seeks approval of a new delivery method for a currently approved CE course must submit a new application and pay all required fees, including a fee for content review.
  (4) 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.
(c) Standards for course approval of elective CE course.
  (1) To be approved as an elective CE course by the Commission, the course must:
    (A) cover subject matter appropriate for a continuing education course for real estate, easement or right-of-way, or real estate inspection license holders;
    (B) be current and accurate; and
    (C) be at least one hour long with daily presentations no more than 10 hours long.
  (2) A provider must demonstrate that a course meets the requirements under paragraph (1) of this subsection by submitting a statement describing the objective of the course and the relevance of the subject matter to activities for which a real estate, easement or right-of-way, or inspector license is required, including but not limited to relevant issues in the real estate market or topics which increase or support the license holder's development of skill and competence.
  (3) The course must be presented in full hourly units.
  (4) The course must be delivered by one of the following delivery methods:
    (A) classroom delivery;
    (B) distance education delivery; or
    (C) a combination of (A) and (B), if at least 50% of the combined course is offered by classroom delivery.
(d) Approval notice. A CE provider shall not offer elective continuing education courses until the provider has received written notice of the approval from the Commission.
(e) Renewal of elective CE course approval.
  (1) An elective CE course expires two years from the date of approval.
  (2) Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another two-year period.
  (3) Approval of an application to renew an elective CE course approval shall be subject to the standards for initial approval set out in this section.
  (4) The Commission may deny an application to renew an elective CE course approval if the provider is in violation of a Commission order.
(f) Approval of currently approved courses by a subsequent provider.
  (1) If a CE provider wants to offer a course currently approved for another provider, that subsequent provider must:
    (A) submit the applicable course approval form(s);
    (B) submit written authorization to the Commission from the owner of the rights to the course material granting permission for the subsequent provider to offer the course; and
    (C) pay the fee required by §535.101 or §535.210 of this title.
  (2) If approved to offer the currently approved course, the subsequent provider is required to:
    (A) offer the course as originally approved, with any approved revisions, using all materials required for the course; and
    (B) meet the requirements of §535.75 of this subchapter (relating to Responsibilities and Operations of Continuing Education Providers).

Source Note: The provisions of this §535.73 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8237; amended to be effective May 23, 2016, 41 TexReg 3696; amended to be effective December 7, 2016, 41 TexReg 9524; amended to be effective December 11, 2019, 44 TexReg 7703; amended to be effective June 16, 2020, 45 TexReg 4036; amended to be effective September 1, 2022, 47 TexReg 3053