reglab/housing_qa huggingface dataset:
TX Occ Code § 1101.607 (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 M. Real Estate Recovery Trust Account|Section 1101.607. Issues at Hearing

Sec. 1101.607.  ISSUES AT HEARING.  At the hearing on the application for payment from the trust account, the aggrieved person must show:(1)  that the judgment is based on facts allowing recovery under this subchapter;(2)  that the person is not:(A)  the spouse of the judgment debtor or the personal representative of the spouse;(B)  a license or certificate holder who is seeking to recover compensation, including a commission, in the real estate transaction that is the subject of the application for payment; or(C)  related to the judgment debtor within the first degree by consanguinity;(3)  that, according to the best information available, the judgment debtor does not have sufficient attachable assets in this or another state to satisfy the judgment;(4)  the amount that may be realized from the sale of assets liable to be sold or applied to satisfy the judgment; and(5)  the balance remaining due on the judgment after application of the amount under Subdivision (4).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(b), eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 64, eff. January 1, 2016.|
TX Occ Code § 1101.608 (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 M. Real Estate Recovery Trust Account|Section 1101.608. Commission Response

Sec. 1101.608.  COMMISSION RESPONSE.  (a)  On receipt of notice under Section 1101.606, the commission may agree to pay all or part of the claim without a hearing.  If the commission and the aggrieved person do not reach a settlement or the commission does not agree that the claim meets one or more of the requirements of this subchapter, the commission may notify the attorney general of the commission's desire to schedule a hearing, enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.(b)  The commission and the attorney general may act under Subsection (a) only to:(1)  protect the trust account from spurious or unjust claims;  or(2)  ensure compliance with the requirements for recovery under this subchapter.(c)  The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment, including an agreed judgment, in favor of the aggrieved person.|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. 65, eff. January 1, 2016.|
TX Occ Code § 1101.609 (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 M. Real Estate Recovery Trust Account|Section 1101.609. Court Order for Payment

Sec. 1101.609.  COURT ORDER FOR PAYMENT.  The court shall order the commission to pay from the trust account the amount the court finds payable on the claim under this subchapter if at a hearing the court is satisfied:(1)  of the truth of each matter the aggrieved person is required by Section 1101.607 to show;  and(2)  that the aggrieved person has satisfied each requirement of Sections 1101.606 and 1101.607.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.610 (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 M. Real Estate Recovery Trust Account|Section 1101.610. Payment Limits; Attorney's Fees

Sec. 1101.610.  PAYMENT LIMITS;  ATTORNEY'S FEES.  (a)  Payments from the trust account for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a total of $50,000, regardless of the number of claimants.(b)  Payments from the trust account for claims based on judgments against a single license or certificate holder may not exceed a total of $100,000 until the license or certificate holder has reimbursed the trust account for all amounts paid.(c)  If the court finds that the total amount of claims against a license or certificate holder exceeds the limitations in this section, the court shall proportionately reduce the amount payable on each claim.(d)  A person receiving payment from the trust account is entitled to receive reasonable attorney's fees in the amount determined by the court, subject to the limitations prescribed by this section.(e)  For purposes of this section, a business entity and the broker who is the business entity's designated broker are considered a single license holder.|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. 66, eff. January 1, 2016.|
TX Occ Code § 1101.611 (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 M. Real Estate Recovery Trust Account|Section 1101.611. Application of Judgment Recovery

Sec. 1101.611.  APPLICATION OF JUDGMENT RECOVERY.  An aggrieved person who receives a recovery on a judgment against a single defendant before receiving a payment from the trust account must apply the recovery first to actual damages.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.612 (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 M. Real Estate Recovery Trust Account|Section 1101.612. Subrogation

Sec. 1101.612.  SUBROGATION.  (a)  The commission is subrogated to all rights of a judgment creditor to the extent of an amount paid from the trust account, and the judgment creditor shall assign to the commission all right, title, and interest in the judgment up to that amount.(b)  The commission has priority for repayment from any subsequent recovery on the judgment.(c)  The commission shall deposit any amount recovered on the judgment to the credit of the trust account.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.613 (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 M. Real Estate Recovery Trust Account|Section 1101.613. Effect on Disciplinary Proceedings

Sec. 1101.613.  EFFECT ON DISCIPLINARY PROCEEDINGS.  (a)  This subchapter does not limit the commission's authority to take disciplinary action against a license or certificate holder for a violation of this chapter or a commission rule.(b)  A license or certificate holder's repayment of all amounts owed to the trust account does not affect another disciplinary proceeding brought under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.614 (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 M. Real Estate Recovery Trust Account|Section 1101.614. Waiver of Rights

Sec. 1101.614.  WAIVER OF RIGHTS.  An aggrieved person who does not comply with this subchapter waives the person's rights under this subchapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.615 (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 M. Real Estate Recovery Trust Account|Section 1101.615. Notice to Consumers and Service Recipients

Sec. 1101.615.  NOTICE TO CONSUMERS AND SERVICE RECIPIENTS.(a)  The commission by rule shall prescribe a notice regarding the availability of payment from the trust account for aggrieved persons and establish methods by which each license and certificate holder shall provide the notice to consumers and service recipients.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 8, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 67, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.|
TX Occ Code § 1101.651 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.651. Certain Practices Prohibited

Sec. 1101.651.  CERTAIN PRACTICES PROHIBITED.  (a)  A licensed broker may not pay a commission to or otherwise compensate a person directly or indirectly for performing an act of a broker unless the person is:(1)  a license holder;  or(2)  a real estate broker licensed in another state who does not conduct in this state any of the negotiations for which the commission or other compensation is paid.(b)  A sales agent may not accept compensation for a real estate transaction from a person other than the broker that is sponsoring the sales agent or was sponsoring the sales agent when the sales agent earned the compensation.(c)  A sales agent may not pay a commission to a person except through the broker that is sponsoring the sales agent at that time.(d)  A broker and any broker or sales agent appointed under Section 1101.560 who acts as an intermediary under Subchapter L may not:(1)  disclose to the buyer or tenant that the seller or landlord will accept a price less than the asking price, unless otherwise instructed in a separate writing by the seller or landlord;(2)  disclose to the seller or landlord that the buyer or tenant will pay a price greater than the price submitted in a written offer to the seller or landlord, unless otherwise instructed in a separate writing by the buyer or tenant;(3)  disclose any confidential information or any information a party specifically instructs the broker or sales agent in writing not to disclose, unless:(A)  the broker or sales agent is otherwise instructed in a separate writing by the respective party;(B)  the broker or sales agent is required to disclose the information by this chapter or a court order; or(C)  the information materially relates to the condition of the property;(4)  treat a party to a transaction dishonestly; or(5)  violate this chapter.|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. 68, eff. January 1, 2016.|
TX Occ Code § 1101.653 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.653. Grounds for Suspension or Revocation of Certificate

Sec. 1101.653.  GROUNDS FOR SUSPENSION OR REVOCATION OF CERTIFICATE.  The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder:(1)  engages in dishonest dealing, fraud, unlawful discrimination, or a deceptive act;(2)  makes a misrepresentation;(3)  acts in bad faith;(4)  demonstrates untrustworthiness;(5)  fails to honor, within a reasonable time, a check issued to the commission after the commission has mailed a request for payment to the certificate holder's last known address according to the commission's records;(6)  fails to provide to a party to a transaction a written notice prescribed by the commission that:(A)  must be given before the party is obligated to sell, buy, lease, or transfer a right-of-way or easement; and(B)  contains:(i)  the name of the certificate holder;(ii)  the certificate number;(iii)  the name of the person the certificate holder represents;(iv)  a statement advising the party that the party may seek representation from a lawyer or broker in the transaction; and(v)  a statement generally advising the party that the right-of-way or easement may affect the value of the property;(7)  directly or indirectly accepts a financial incentive to make an initial offer that the certificate holder knows or should know is lower than the adequate compensation required under the Texas Constitution; or(8)  disregards or violates this chapter or a commission rule relating to certificate holders.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 826 (H.B. 2730), Sec. 4, eff. January 1, 2022.|
TX Occ Code § 1101.654 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.654. Suspension or Revocation of License or Certificate for Unauthorized Practice of Law

Sec. 1101.654.  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE FOR UNAUTHORIZED PRACTICE OF LAW.  (a)  The commission shall suspend or revoke the license or certificate of registration of a license or certificate holder who is not a licensed attorney in this state and who, for consideration, a reward, or a pecuniary benefit, present or anticipated, direct or indirect, or in connection with the person's employment, agency, or fiduciary relationship as a license or certificate holder:(1)  drafts an instrument, other than a form described by Section 1101.155, that transfers or otherwise affects an interest in real property;  or(2)  advises a person regarding the validity or legal sufficiency of an instrument or the validity of title to real property.(b)  Notwithstanding any other law, a license or certificate holder who completes a contract form for the sale, exchange, option, or lease of an interest in real property incidental to acting as a broker is not engaged in the unauthorized or illegal practice of law in this state if the form was:(1)  adopted by the commission for the type of transaction for which the form is used;(2)  prepared by an attorney licensed in this state and approved by the attorney for the type of transaction for which the form is used;  or(3)  prepared by the property owner or by an attorney and required by the property owner.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.655 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.655. Revocation of License or Certificate for Claim on Account

Sec. 1101.655.  REVOCATION OF LICENSE OR CERTIFICATE FOR CLAIM ON ACCOUNT.  (a)  The commission shall revoke a license, approval, or registration issued under this chapter or Chapter 1102 if:(1)  the commission makes a payment from the real estate recovery trust account under Subchapter M on behalf of a license or registration holder; and(2)  the license or registration holder does not repay the real estate recovery trust account the full amount of a payment made on the license or registration holder's behalf before the 31st day after the date the commission provides notice to the license or registration holder.(b)  The commission may probate an order revoking a license, approval, or registration under this section.(c)  A person is not eligible for a license or certificate until the person has repaid in full the amount paid from the account for the person, plus interest at the legal rate.(d)  For the purposes of this section, if payment is made from the real estate recovery trust account on behalf of a business entity license holder or a designated broker of a business entity license holder, the commission shall proceed under Subsection (a) against both the business entity and designated broker.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 10, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 10, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 70, eff. January 1, 2016.|
TX Occ Code § 1101.656 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.656. Additional Disciplinary Authority of Commission

Sec. 1101.656.  ADDITIONAL DISCIPLINARY AUTHORITY OF COMMISSION.  (a)  In addition to any other authority under this chapter, the commission may suspend or revoke a license, place on probation a person whose license has been suspended, or reprimand a license holder if the license holder violates this chapter or a commission rule.(b)  The commission may probate a suspension, revocation, or cancellation of a license under reasonable terms determined by the commission.(c)  The commission may require a license holder whose license suspension or revocation is probated to:(1)  report regularly to the commission on matters that are the basis of the probation;(2)  limit practice to an area prescribed by the commission;  or(3)  continue to renew professional education until the license holder attains a degree of skill satisfactory to the commission in the area that is the basis of the probation.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1101.6561 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.6561. Suspension or Revocation of Educational Program

Sec. 1101.6561.  SUSPENSION OR REVOCATION OF EDUCATIONAL PROGRAM.  The commission may suspend or revoke the approval to offer a program or course of study issued under Subchapter G or take any other disciplinary action authorized by this chapter if the provider of an educational program or course of study violates this chapter or a rule adopted under this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 23, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 71, eff. January 1, 2016.|
TX Occ Code § 1101.657 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.657. Hearing

Sec. 1101.657.  HEARING.  (a)  If the commission proposes to deny, suspend, or revoke a person's license or certificate of registration, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(3), eff. September 1, 2007.(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(3), eff. September 1, 2007.(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(3), eff. September 1, 2007.(e)  A hearing under this section is governed by the contested case procedures under Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 9, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 22, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(3), eff. September 1, 2007.|
TX Occ Code § 1101.658 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.658. Appeal

Sec. 1101.658.  APPEAL.  (a)  A person aggrieved by a ruling, order, or decision under this subchapter is entitled to appeal to a district court in the county in which the administrative hearing was held.(b)  An appeal is governed by the procedures under Chapter 2001, Government Code.|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. 23, eff. September 1, 2007.|
TX Occ Code § 1101.659 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.659. Refund

Sec. 1101.659.  REFUND.  (a)  Subject to Subsection (b), the commission may order a person regulated by the commission to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions.(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference or an enforcement order may not exceed the amount the consumer paid to the person for a service or accommodation regulated by this commission.  The commission may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 24, eff. September 1, 2007.|
TX Occ Code § 1101.660 (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 N. Prohibited Practices and Disciplinary Proceedings|Section 1101.660. Informal Proceedings

Sec. 1101.660.  INFORMAL PROCEEDINGS.  (a)  The commission by rule shall adopt procedures governing informal disposition of a contested case.(b)  Rules adopted under this section must:(1)  provide the complainant and the license holder, certificate holder, or regulated entity an opportunity to be heard; and(2)  require the presence of:(A)  a public member of the commission for a case involving a consumer complaint; and(B)  at least two staff members of the commission with experience in the regulatory area that is the subject of the proceeding.|Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 24, eff. September 1, 2007.|