March 29, 1950 

Ron. L. D. Ransom Oplnlon Ro. v-1020. 

Admlnietrator ..~~ 

Texas Real Estate Colaisslon Re: The legality of laAustin, Texas suing a real estate 

dealer,'8 license toan out-of-state re8- 

ident whorls licensed 

in a state which requires applicants to 

take an examination. 

Dear Mr. Ransom: 

Your request for an opinion reads as follows: 

"We desire the opinion of your office 

as to whether the Texas Real Estate Commlsslon can Issue a license to an out-of-state 

resident under Article 6573a, as amended by 

Senate Bill 100. 28, Section 7(b), when sald 

resident's state requires an examination In 

order to qualify as a broker la that state. 

"A typical case is this: Thie office 

recently received an application for renewal 

of a real estate dealer's license, together 

with the proper fee of $10.00, from one Leon 

Block of 110 S. Dearborn Street, Chicago 3, 

Illinois. Said applicant has previously held 

a Texas real estate dealer's license under 

the interpretation given to Article 6573a, 

Section 7(b), by prior administrators. 

"This Commlaslon 1s of the opinion that 

said Leon Block 1s not entitled to a Texas 

license and has refused to Issue same. This 

Commlsslon is of the further opinion that the 

Real Estate License Law of the State of Illinois requires an examination of its licensees 

and that, therefore, the legal requirements 

of said state have not for their purpose the 

same standards proposed by Article 6573a, as 

amended. Due to the great number of licenses 
Hon. L. D. Ransom, Page. 2, V-1020. 

issued to residents of Illinois by prior 

administrators and the persistent correspondence from said Leon Block, demanding 

that he be issued a license, we would like 

a clear Interpretation of Section 7(b). 

“It Is our opinion that this Is not 

the same question as that involved In Section 7(c) of titlcle 6573a, as amended, .authorislng the Texas Real Estate Commlsslon 

to Issue non-resident licenses to out-ofstate applicants whose state allows reciprocity to this State. 

“It Is to be noted that Leon Block 

is ready and willing to file with the Commission a Consent to Sepvlce, as required 

by Section 7(d). 

“Question: May this office Issue to 

said Leon Block a real estate dealer’s licenee for the year 19501” 

We shall coliflne this opinion to the single 

question of law Indicated in the third paragraph of your--~ 

letter vhich Involves Seatlon 7(b) of Article 6573a, Vernon’s Civil Statutes, which provides: 

HA non-resident of this State may be 

licensed as a real estate dealer or salesman provided such non-resident is at the 

time licensed under the laws of the State 

where he resides and which said State has 

legal requirements which have for their purpose the standards proposed In this Act; 

provided, however, that such non-resident, 

must procure from the agency admlnlsterlng -~ 

such lav in suah State, a certificate recognizing and approving. the reliability and 

standing~of such non-*eMdent iii such other 

State;’ Bnd file Same with the Commission.” 

(Emphasis supplied) 

We do not construe the underlined provision as 

pertaining to the specific requirements of applicants for 

a license. Particular requirements such as an examination, 

educational attainments, numbers of character references, 

and the like, do not necessarily render the “kurposesn of 

the Illinois law different, from the “purposes of the Texas 
Hon. L. D. Ramsom, Page 3, V-1020. 

Act, nor the "standards" sought to be effected in the 

real estate business different from the "standards" 

sought to be effected by the Texas Act. The "standards" of the Texas Act there referred to are general 

standards of honesty and competency sought to be effected by requiring applicants to present various data 

attesting their "honesty, truthfulness, integrity and 

competency" so that the Commission may pass upon "the 

good business repute" of each applicant and the prospect that "the business will be conducted in an honest, 

fair, just and equitable manner." See Sections 6; 8 

and g(a), Article 6573a. 

An examination requirement would seem to be 

designed for more perfect attainment of those purposes. 

We cannot conceive of any other purpose for such a requirement, and you have not indicated that the Illinois 

law seeks to attain any end at variance with the Texas 

law. 

You are, therefore, advised that an examination requirement of the Illinois law does not, by reason, 

of such requirement alone, change the purposes and standards of the Illinois law from those of the Texas Act and 

thereby render a resident of Illlnols~inellglble for a 

Texas 1,.lcense because of the p~ovislons of Section T(b). 

SUMMARY 

The "purpose and standards proposed" 

by the Texas Real Estate Dealers License 

Act, referred to in Section 7(b), Article 

6573a, V.C.S., mean6 the general purpose 

to effect honest and competent dealings in 

the real estate business. An examination 

requirement by the Illlnols license law 

does not render its purposes and standards 

different from the Texas Act so as to render an Illinois licensee Ineligible for a 

Texas license under Section 7(b), Article 

6573. 

Yours very truly, 

APPROVED: 

Charles D. Mathews 

Executive Assistant 

RRc:jmc 

PRICE DANIEL 

Attorney General 

B5iiif&&~A 

Assistant