r

Ron. L. D. Ransom

Rxecutive Secretary Texas Real Eatate Commlsslon Austin, Texas OpinionBo. v-957

Re: The authorityof Texas Real Estate Comialss~on to Issue
a correctedllcenaewithout a new appllcatlonfee when a licenseels

hame has been changedby marriage or by corporateamendment.

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 corporateamendment.
"Situation~(a). A real eatate dealer's licensewas Issued to a single female for the year 19(rg

in her maiden name. Subsequentto 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 licensebe cwged from her maiden name to her ptiesent

married name. "Question.

May this office issue~saidfemale holder a corrected license, or should we require said Individualto make a neu appllcation for a real estate dealer's license for the remainderof the year 1949 and pay addltlonal fee of $10.007Hon. 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 certaindealgnated officer of said corporation as agent dealer, as requiredby law, for the year 1949. Subsequentto the Issuance of said real estate dealer's license said corporation duly amended Its charter in the mode and manner requlred by statuteand, among other things, changed Its corporatename. The officers,directors and stockholders were in no way affected by said amendment changing said name. Said corporationhas requested this office to issue it
a correctedreal estate dealer's license for the remainder of the year 1949, showing its new corporate name and the same officeras Its agent dealer.
"Question.

May thla office Issue a corrected license to said corporation,showing Its correctedname, or should this office require said corporation,

under its new name, to make applicationfor a real estate dealer's license for the remainder of the year 1949, and pay an additionalfee?

"Comment. It is to be noted that the above mentioned female has furnishedus a certifled copg of her marriage certificate, which substantiatesher marriageand change bf name and shows that she Is one and the same person who had a real estate dealer's licenseunder her maiden name while she was single.

"It la fwther noted that said corporation referred to above has furnishedthis officewith
a certifiedcopy of its amendment,changing Its corporatename, 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 corporatename prior to amendment,and that the officers,directorsand propertiesof said corporation

were in no wag changed or affected by said amendmentwhich 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 Commlsslonto Issue such a license is found in Article 6573s Vernon'sCivil Statutes,as amended. Unless the applicantreceives such a licensehe Is not permitted to engage In the business of a real estate deal.er. The certificateor license is merely evidence of this "power or right of the individualor corporationto engage in such business. The right of the individualor corporation to engage In the business of a real estate dealer Is conferred on him when he meets the qualifications set forth In the statutesand receives the approval of the Commlasion. The mere certificateor llcenae is Issued by the Commissionto reflect the fact that the applicant has met the eligibilityrequirementsof the statuteand has received the approval of the Commission. The atatute authorizes just one fee and that is the fee~~l;sby the applicantat the time of'his application.
suance of another certificateeither to the individual
or to the corporation because a change In name does not, in the absence,ofan authorizationstatute, justify the Commission In charging the same fee as Is authorized for the granting of the originalprivilege.

NFees allowed a public officerare matters of strict law, dependingupon 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 "permittedto collect fees unless the same are

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

SUMMARY

The Texas Real Estate Commission Is not authorized to charge an additionalapplication fee of persons or corporations who are duly qusS,fiadholders of real estate dealers'Hon. L. D. Ransom, Page 4 (V-957)

licenses for the Issuanceof an amended oertifloate evidencinga valid change of name.

,Yours very truly,

Mvld Wuntch Assistant Ixf:gl