r 

Ron. L. D. Ransom 

Rxecutive Secretary 

Texas Real Eatate Commlsslon 

Austin, Texas Opinion Bo. v-957 

Re: The authority of Texas Real 

Estate Comialss~on to Issue 

a corrected llcenae without a new appllcatlon fee 

when a licenseels hame has 

been changed by marriage or 

by corporate amendment. 

Dear Mr. Ransom: 

Your letter of recent datb requests 'our opinion 

* . . aa to whether or not It Is nec'essary &r neii real estate licenses to be Issued 

vhen female holders thereof chmige their name 

by, marriage, and when corporation holders 

thereof change their name by corporate amendment. 

"Situation ~(a). A real eatate dealer's 

license was Issued to a single female for the 

year 19(rg in her maiden name. Subsequent to 

said Issuance said single female'marrled and 

acquired the name of her husband. Said female' 

holder of said real estate dealer's liceus& 

h&is requested that her said real estate dealer's 

license be cwged from her maiden name to her 

ptiesent married name. 

"Question. May this office issue ~said female holder a corrected license, or should we 

require said Individual to make a neu appllcation for a real estate dealer's license for 

the remainder of the year 1949 and pay addltlonal fee of $10.007 
Hon. L. D. Rausom, Page 2 (v-957) 

"Situation (b). A Texas corporation was 

Issued a real estate dealer's license in the 

name of said corporation, with a certain dealgnated officer of said corporation as agent 

dealer, as required by law, for the year 1949. 

Subsequent to the Issuance of said real estate 

dealer's license said corporation duly amended Its charter in the mode and manner requlred by statute and, among other things, changed Its corporate name. The officers, directors and stockholders were in no way affected 

by said amendment changing said name. Said corporation has requested this office to issue it 

a corrected real estate dealer's license for the 

remainder of the year 1949, showing its new corporate name and the same officer as Its agent 

dealer. 

"Question. May thla office Issue a corrected license to said corporation, showing Its 

corrected name, or should this office require 

said corporation, under its new name, to make 

application for a real estate dealer's license 

for the remainder of the year 1949, and pay an 

additional fee? 

"Comment. It is to be noted that the above mentioned female has furnished us a certifled copg of her marriage certificate, which substantiates her marriage and change bf name and 

shows that she Is one and the same person who 

had a real estate dealer's license under her maiden name while she was single. 

"It la fwther noted that said corporation 

referred to above has furnished this office with 

a certified copy of its amendment, changing Its 

corporate name, as approved and filed by the' 

Charter Division of the Office of S&cretary.of 

State, and that said corporation, under its new 

name, is one and the same corporation which held 

a real estate dealer's license for the year 1949 

under its corporate name prior to amendment, and 

that the officers, directors and properties of 

said corporation were in no wag changed or affected by said amendment which changed its corporate 

name." 
Hon. L. D. Ransom, Page 3 (V-957) 

The object of a license Is to confer a right or 

power upon the licensee to, engage In the businass of a 

real eatate dealer. The authority of the Texas Real 

Estate Commlsslon to Issue such a license is found in 

Article 6573s Vernon's Civil Statutes, as amended. Unless the applicant receives such a license he Is not permitted to engage In the business of a real estate deal.er. 

The certificate or license is merely evidence of this 

"power or right of the individual or corporation to engage 

in such business. The right of the individual or corporation to engage In the business of a real estate dealer 

Is conferred on him when he meets the qualifications set 

forth In the statutes and receives the approval of the 

Commlasion. The mere certificate or llcenae is Issued 

by the Commission to reflect the fact that the applicant 

has met the eligibility requirements of the statute and 

has received the approval of the Commission. The atatute authorizes just one fee and that is the fee~~l;sby 

the applicant at the time of'his application. 

suance of another certificate either to the individual 

or to the corporation because a change In name does not, 

in the absence,of an authorization statute, justify the 

Commission In charging the same fee as Is authorized for 

the granting of the original privilege. 

NFees allowed a public officer are matters 

of strict law, depending upon the very provisions 

of the statute. They are not open to equitable 

construction, nor to any discretionary action on 

the part of the officials." Public Officers, 43 

Am. Jur. S 359, p. 149. Ro public officer is 

"permitted to collect fees unless the same are 

and the amount thereof declared 

~~"~~~' .!%~e v. Moore, 57 Tex. 307, 321 (1862). 

SUMMARY 

The Texas Real Estate Commission Is not 

authorized to charge an additional application 

fee of persons or corporations who are duly 

qusS,fiad holders of real estate dealers' 
Hon. L. D. Ransom, Page 4 (V-957) 

licenses for the Issuance of an amended oertifloate evidencing a valid change of name. 

,Yours very truly, 

Mvld Wuntch 

Assistant 

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