reglab/housing_qa huggingface dataset:
TX Occ Code § 1071.4035 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle C - Regulation of Land Surveying and Related Practices|Chapter 1071 - Land Surveyors|Subchapter I. Disciplinary Procedures|Section 1071.4035. Informal Settlement Conference; Restitution

Sec. 1071.4035.  INFORMAL SETTLEMENT CONFERENCE;  RESTITUTION.  (a)  The board by rule shall establish guidelines for an informal settlement conference related to a complaint filed with the board regarding conduct regulated under this chapter.(b)  Subject to Subsection (c), the board may order a person licensed or registered under this chapter to pay restitution to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty under Subchapter K, Chapter 1001.(c)  The amount of restitution ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the person for a service regulated by this chapter.  The board may not require payment of other damages or estimate harm in a restitution order.|Added by Acts 2003, 78th Leg., ch. 16, Sec. 26, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.57, eff. September 1, 2019.|
TX Occ Code § 1071.404 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle C - Regulation of Land Surveying and Related Practices|Chapter 1071 - Land Surveyors|Subchapter I. Disciplinary Procedures|Section 1071.404. Probation

Sec. 1071.404.  PROBATION.  (a)  The board may require a person whose certificate of registration or license suspension is probated to:(1)  report regularly to the board on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the board;  or(3)  continue or renew professional education until the practitioner attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.(b)  The board by rule shall adopt written guidelines to ensure that probation is administered consistently.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 16, Sec. 27, eff. Sept. 1, 2003.|
TX Occ Code § 1071.405 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle C - Regulation of Land Surveying and Related Practices|Chapter 1071 - Land Surveyors|Subchapter I. Disciplinary Procedures|Section 1071.405. Reissuance of Certificate or License

Sec. 1071.405.  REISSUANCE OF CERTIFICATE OR LICENSE.  The board for reasons the board determines sufficient may reissue a certificate of registration or license to a surveyor whose certificate or license has been revoked.  At least six board members must vote in favor of reissuing the certificate or license.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|
TX Occ Code § 1071.503 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle C - Regulation of Land Surveying and Related Practices|Chapter 1071 - Land Surveyors|Subchapter K. Other Penalties and Enforcement Provisions|Section 1071.503. Civil Penalty

Sec. 1071.503.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty not to exceed $1,500 for each violation.(b)  At the request of the board, the attorney general shall bring an action to recover the civil penalty in the name of the state.(c)  A civil penalty recovered under this section shall be deposited in the state treasury.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|
TX Occ Code § 1071.504 (2021)
2021 Texas Statutes|Occupations Code|Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices|Subtitle C - Regulation of Land Surveying and Related Practices|Chapter 1071 - Land Surveyors|Subchapter K. Other Penalties and Enforcement Provisions|Section 1071.504. Criminal Penalty

Sec. 1071.504.  CRIMINAL PENALTY.  (a)  In this section, "offer to practice" has the meaning assigned by Section 1071.251.(b)  A person commits an offense if the person:(1)  engages in the practice of or offers to practice professional surveying or state land surveying in this state without being registered or licensed in accordance with this chapter;(2)  presents or attempts to use another person's certificate of registration, license, or seal issued under this chapter;(3)  gives false or forged evidence to obtain or assist another person in obtaining a certificate of registration or license;  or(4)  violates this chapter or a rule adopted by the board.(c)  An offense under this section is a Class B misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.|
TX Occ Code § 1101.001 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.001. Short Title

Sec. 1101.001.  SHORT TITLE.  This chapter may be cited as The Real Estate License Act.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.004 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.004. Real Estate Brokerage

Sec. 1101.004.  REAL ESTATE BROKERAGE.  (a)  A person is engaged in real estate brokerage if the person, with the expectation of receiving valuable consideration, directly or indirectly performs or offers, attempts, or agrees to perform for another person any act described by Section 1101.002(1), as a part of a transaction or as an entire transaction.(b)  A person is not engaged in real estate brokerage, regardless of whether the person is licensed under this chapter, based solely on engaging in the following activities:(1)  constructing, remodeling, or repairing a home or other building;(2)  sponsoring, promoting, or managing, or otherwise participating as a principal, partner, or financial manager of, an investment in real estate; or(3)  entering into an obligation to pay another person that is secured by an interest in real property.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.153, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 5, eff. January 1, 2016.|
TX Occ Code § 1101.0045 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.0045. Equitable Interests in Real Property

Sec. 1101.0045.  EQUITABLE INTERESTS IN REAL PROPERTY.  (a)  A person may acquire an option or an interest in a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the contract without holding a license issued under this chapter if the person:(1)  does not use the option or contract to purchase to engage in real estate brokerage; and(2)  discloses the nature of the equitable interest to any potential buyer.(b)  A person selling or offering to sell an option or assigning or offering to assign an interest in a contract to purchase real property without disclosing the nature of that interest to a potential buyer is engaging in real estate brokerage.|Added by Acts 2017, 85th Leg., R.S., Ch. 974 (S.B. 2212), Sec. 1, eff. September 1, 2017.|
TX Occ Code § 1101.005 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.005. Applicability of Chapter

Sec. 1101.005.  APPLICABILITY OF CHAPTER.  This chapter does not apply to:(1)  an attorney licensed in this state;(2)  an attorney-in-fact authorized under a power of attorney to conduct not more than three real estate transactions annually;(3)  a public official while engaged in official duties;(4)  an auctioneer licensed under Chapter 1802 while conducting the sale of real estate by auction if the auctioneer does not perform another act of a broker;(5)  a person conducting a real estate transaction under a court order or the authority of a will or written trust instrument;(6)  a person employed by an owner in the sale of structures and land on which structures are located if the structures are erected by the owner in the course of the owner's business;(7)  an on-site manager of an apartment complex;(8)  an owner or the owner's employee who leases the owner's improved or unimproved real estate; or(9)  a transaction involving:(A)  the sale, lease, or transfer of a mineral or mining interest in real property;(B)  the sale, lease, or transfer of a cemetery lot;(C)  the lease or management of a hotel or motel; or(D)  the sale of real property under a power of sale conferred by a deed of trust or other contract lien.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 62 (H.B. 1236), Sec. 1, eff. May 17, 2005.Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 1, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 2, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 6, eff. January 1, 2016.|
TX Occ Code § 1101.0055 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.0055. Nonapplicability of Law Governing Cancellation of Certain Transactions

Sec. 1101.0055.  NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS.  A service contract that a license holder enters into for services governed by this chapter is not a good or service governed by Chapter 601, Business & Commerce Code.|Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.154(a), eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.27, eff. April 1, 2009.|
TX Occ Code § 1101.006 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter A. General Provisions|Section 1101.006. Application of Sunset Act

Sec. 1101.006.  APPLICATION OF SUNSET ACT.  The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and this chapter and Chapter 1102 of this code and Chapter 221, Property Code, expire September 1, 2031.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.155(a), eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 1, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 1, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.01, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 5.01, eff. June 16, 2021.|
TX Occ Code § 1101.051 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.051. Commission Membership

Sec. 1101.051.  COMMISSION MEMBERSHIP.  (a)  The Texas Real Estate Commission consists of nine members appointed by the governor with the advice and consent of the senate as follows:(1)  six members who have been engaged in the brokerage business as licensed brokers as their major occupation for the five years preceding appointment;  and(2)  three members who represent the public.(b)  Each member of the commission must be a qualified voter.(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.052 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.052. Public Member Eligibility

Sec. 1101.052.  PUBLIC MEMBER ELIGIBILITY.  A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:(1)  is registered, certified, or licensed by an occupational regulatory agency in the real estate industry;(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission;(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission;  or(4)  uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.053 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.053. Membership and Employee Restrictions

Sec. 1101.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the real estate industry; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the real estate industry.(c)  A person may not serve as a commission member or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.|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. 3, eff. September 1, 2007.|
TX Occ Code § 1101.054 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.054. Official Oath

Sec. 1101.054.  OFFICIAL OATH.  Not later than the 15th day after the date of appointment, each appointee must take the constitutional oath of office.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 27, eff. Sept. 1, 2003.|
TX Occ Code § 1101.055 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.055. Terms; Vacancy

Sec. 1101.055.  TERMS;  VACANCY.  (a)  Commission members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.(b)  If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.056 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.056. Officers

Sec. 1101.056.  OFFICERS.  (a)  The governor shall designate a commission member who is a licensed broker as presiding officer.  The presiding officer serves in that capacity at the pleasure of the governor.(b)  At a regular meeting in February of each year, the commission shall elect an assistant presiding officer and secretary from its membership.(c)  The presiding officer, assistant presiding officer, and secretary constitute the executive committee of the commission.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 7, eff. January 1, 2016.|
TX Occ Code § 1101.057 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.057. Grounds for Removal

Sec. 1101.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission that a member:(1)  does not have at the time of appointment the qualifications required by Section 1101.051(a) or (b) or 1101.052;(2)  does not maintain during service on the commission the qualifications required by Section 1101.051(a) or (b) or 1101.052;(3)  is ineligible for membership under Section 1101.053;(4)  cannot discharge the member's duties for a substantial part of the member's term; or(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the commission.(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 2, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 4, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 8, eff. January 1, 2016.|
TX Occ Code § 1101.058 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.058. Per Diem; Reimbursement

Sec. 1101.058.  PER DIEM; REIMBURSEMENT.  (a)  A commission member is entitled to receive:(1)  $75 for each day the member performs the member's official duties; and(2)  reimbursement for actual and necessary expenses incurred in performing the member's official duties.(b)  For purposes of this section, the commission by rule may determine what constitutes a day or actual and necessary expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 9, eff. January 1, 2016.|
TX Occ Code § 1101.059 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1101 - Real Estate Brokers and Sales Agents|Subchapter B. Texas Real Estate Commission|Section 1101.059. Training

Sec. 1101.059.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b)  The training program must provide the person with information regarding:(1)  the law governing commission operations;(2)  the programs, functions, rules, and budget of the commission;(3)  the scope of and limitations on the rulemaking authority of the commission;(4)  the types of commission rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the commission regulates, including any rule, interpretation, or enforcement action that:(A)  regulates the scope of practice of persons in a profession or business the commission regulates;(B)  restricts advertising by persons in a profession or business the commission regulates;(C)  affects the price of goods or services provided by persons in a profession or business the commission regulates; or(D)  restricts participation in a profession or business the commission regulates;(5)  the results of the most recent formal audit of the commission;(6)  the requirements of:(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and(B)  other laws applicable to members of a state policymaking body in performing their duties; and(7)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.|Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 5, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 2, eff. September 1, 2011.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 2, eff. September 1, 2019.|