Sec. 1101.301. APPROVAL OF PROGRAMS AND COURSES OF STUDY. (a) The commission, as necessary for the administration of this chapter and Chapter 1102, may by rule:

(1) establish standards for the approval of qualifying educational programs or courses of study in real estate and real estate inspection conducted in this state, excluding programs and courses offered by accredited colleges and universities; and

(2) develop minimum education and experience requirements for an instructor of a course of study described by Subdivision (1).

(b) The commission shall determine whether a real estate or real estate inspection course satisfies the requirements of this chapter or Chapter 1102.

(b-1) For commission approval of an application to offer a course of study under this section, the applicant must ensure that the educational program's instructors meet the minimum education and experience requirements developed by the commission under Subsection (a)(2).

(c) In establishing approval standards for an educational program under Subsection (a), the commission shall adopt rules setting an examination passage rate benchmark for each category of license issued by the commission under this chapter or Chapter 1102. The benchmark must be based on the average percentage of examinees that pass the licensing exam on the first attempt. A program must meet or exceed the benchmark for each license category before the commission may renew the program's approval to offer a program or course of study for the license category.

(d) The commission may deny approval of an application to offer a program or course of study if the applicant owns or controls, or has previously owned or controlled, an educational program or course of study for which approval to offer a program or course of study was revoked.

(e) Notwithstanding Subsection (c), the commission may renew a program's approval to offer a program or course of study on a probationary basis if the commission determines that the program is capable of meeting the benchmark under Subsection (c) within a reasonable time established by the commission.

(f) The commission may deny approval of an application to renew a program's approval to offer a program or course of study if the applicant is in violation of a commission order. The denial of an approval under this subsection is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 14, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 4, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 25, eff. January 1, 2016.

Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 7, eff. September 1, 2019.