It sounds like the salesperson is just trying to sell what's on the lot. There was a refresh for the '09 Element but no news (or rumors) that I've seen about discontinuing it.
You can use Edmunds' View Inventory feature to find Elements near you. Using a 77058 zip code, and a 50 mile radius, I see 13 Elements for sale in Houston and those are all 2009 models. They could all be presold, but I doubt it.