Texas Attorney General Opinion: JM-1236 Page: 1 of 4
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THE ATTORNEY GENERAL
oF TEXAS
.Jini IVrTToX October 18, 1990
ATTORNEY GENERAL
Mr. Wallace Collins Opinion No. JM-1236
Administrator
Texas Real Estate Commission Re: Authority of the Texas
P. 0. Box 12188 Real Estate Commission to
Austin, Texas 78711-2188 adopt a rule permitting on-
site audits of Mandatory
Continuing Education
(RQ-2057)
Dear Mr. Collins:
You ask about the validity of a rule promulgated by the
Texas Real Estate Commission (hereinafter the commission]
concerning continuing education courses. The 71st Legisla-
ture added section 7A to the Real Estate License Act [here-
inafter the act] to require that, in order to renew or apply
for licenses, certain applicants for real estate licenses
and certain licensees provide the commission with proof of
having met statutory continuing education requirements.
Acts 1989, 71st Leg., ch. 169, 6, at 561, 568. Section 7A
becomes effective on August 31, 1991, and applies only to
licenses issued or renewed on or after that date. Id.
17(b). Given the extensive duties, outlined below, that
have been conferred on the commission and the fact that
persons renewing or applying for licenses on or after August
31, 1991, must provide proof of having met the statutory
requirements, the commission must provide the means whereby
those licensees and applicants may fulfill the requirements.
Section 7A implicitly requires the commission to
approve- continuing education courses and providers of
those courses. It also grants the commission specific
authority to adopt rules to implement the section's manda-
tory continuing education requirements. V.T.C.S. art.
6573a, 7A(d). Subsection (a) details specific statutory
requirements regarding the content of required continuing
education courses (e.gS., the rules of the commission, fair
housing laws, agency laws, antitrust laws) and requires the
commission to approve real estate related topics for the
remainder of the course work. Id. 7A(a). Subsection (a)
also establishes the minimum and maximum hours for daily
course work. The section also allows the commission to
provide for the substitution of commission approvedp. 6576
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1236, text, October 18, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273674/m1/1/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.