(a) A provider must ensure that an instructor who teaches continuing education courses is competent in the subject matter to be taught and has the ability to teach effectively.
(b) The provider must use an instructor who possesses the following additional qualifications to teach real estate non-elective CE courses:
  (1) meet the criteria to teach qualifying courses under §535.63 of this chapter (relating to Qualifications for Instructors of Qualifying Courses);
  (2) successfully complete an instructor training program authorized by the Commission for the version of the non-elective CE course to be taught; and
  (3) receive a passing grade of at least 80% on the non-elective CE course final examination promulgated by the Commission.
(c) For 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.
(d) An inspector is qualified to instruct a Ride-Along Course as defined in §535.218 of this chapter (relating to Continuing Education Required for Renewal) if the inspector 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 §535.74 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 24, 2017, 42 TexReg 2726; amended to be effective September 2, 2019, 44 TexReg 4736; amended to be effective June 11, 2023, 48 TexReg 2948