reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 in writing the nature of the equitable interest to any seller or 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 as provided by Subsection (a)(2) 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 4, eff. January 1, 2024.
2023 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.
2023 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.
2023 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, 2033.
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.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.16, eff. June 18, 2023.
2023 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.
2023 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.
2023 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.
2023 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 calendar 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 5, eff. January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 1101.060. Quasi-Judicial Immunity

Sec. 1101.060.  QUASI-JUDICIAL IMMUNITY.  A member of the commission is entitled to quasi-judicial immunity from suit for an action that:
(1)  is taken as a member of the commission; and
(2)  is in compliance with the law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 10, eff. January 1, 2016.
2023 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 1101.061. Educational Presentations

Sec. 1101.061.  EDUCATIONAL PRESENTATIONS.  (a)  A member of the commission or a commission employee may make a presentation to a group of license holders for which the license holders may receive credit under Section 1101.455.  The commission member or employee may not receive compensation for the presentation.
(b)  Notwithstanding Subsection (a), a commission member or employee may receive reimbursement for reasonable travel expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 10, eff. January 1, 2016.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.101. Executive Director and Other Personnel

Sec. 1101.101.  EXECUTIVE DIRECTOR AND OTHER PERSONNEL.  (a)  The commission shall appoint an executive director.
(b)  The commission may designate a subordinate officer as deputy executive director to act for the executive director in the executive director's absence.
(c)  The commission may employ other subordinate officers and employees necessary to administer and enforce this chapter and Chapter 1102, including a general counsel, attorneys, investigators, and support staff.
(d)  The commission shall determine the salaries of the executive director, officers, and employees 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. 12, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 13, eff. January 1, 2016.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.102. Division of Responsibilities

Sec. 1101.102.  DIVISION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff 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. 7, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 14, eff. January 1, 2016.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.103. Code of Ethics; Standards of Conduct

Sec. 1101.103.  CODE OF ETHICS;  STANDARDS OF CONDUCT.  Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.104. Qualifications and Standards of Conduct Information

Sec. 1101.104.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The commission shall provide, as often as necessary, to its members and employees information regarding their:
(1)  qualifications for office or employment under this chapter and Chapter 1102;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.105. Career Development Program; Performance Evaluations

Sec. 1101.105.  CAREER DEVELOPMENT PROGRAM; PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career development program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for commission employees must be based on the system established under this subsection.
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. 15, eff. January 1, 2016.
2023 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 C. Executive Director and Other Commission Personnel › Section 1101.106. Equal Employment Opportunity Policy; Report

Sec. 1101.106.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel;
(2)  a comprehensive analysis of the commission workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the commission workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover a two-year period; and
(2)  be updated with each strategic plan filed as required by Chapter 2056, Government Code.
(c)  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 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 16, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.
2023 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 D. Commission Powers and Duties › Section 1101.151. General Powers and Duties of Commission

Sec. 1101.151.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  The commission shall:
(1)  administer this chapter and Chapter 1102;
(2)  adopt rules and establish standards relating to permissible forms of advertising by a license holder acting as a residential rental locator;
(3)  maintain a registry of certificate holders;  and
(4)  design and adopt a seal.
(b)  The commission may:
(1)  adopt and enforce rules necessary to administer this chapter and Chapter 1102; and
(2)  establish standards of conduct and ethics for persons licensed under this chapter and Chapter 1102 to:
(A)  fulfill the purposes of this chapter and Chapter 1102; and
(B)  ensure compliance with this chapter and Chapter 1102.
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. 8, eff. September 1, 2007.
2023 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 D. Commission Powers and Duties › Section 1101.152. Fees

Sec. 1101.152.  FEES.  (a)  The commission shall adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering this chapter and the real estate recovery trust account as required by this chapter, including a fee for:
(1)  filing an original application for a broker license;
(2)  renewal of a broker license;
(3)  filing an original application for a sales agent license;
(4)  renewal of a sales agent license;
(5)  registration as an easement or right-of-way agent;
(6)  filing an application for a license examination;
(7)  filing a request for a change of place of business, change of name, return to active status, or change of sponsoring broker;
(8)  filing a request to replace a lost or destroyed license or certificate of registration;
(9)  filing an application for approval of an education program under Subchapter G;
(10)  annual operation of an education program under Subchapter G;
(11)  transcript evaluation;
(12)  preparing a license or registration history;
(13)  filing a request for a determination of fitness to engage in a profession the commission regulates;
(14)  conducting a criminal history check for issuing or renewing a license; and
(15)  registering as a business entity under Section 1101.355(d).
(b)  The commission shall adopt rules to set and collect fees in amounts reasonable and necessary to cover the costs of implementing the continuing education requirements for license holders, including a fee for:
(1)  an application for approval of a continuing education provider; and
(2)  an application for approval of a continuing education course of study.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 9, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 1, eff. May 12, 2009.
Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 2, eff. May 12, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 17, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 6, eff. January 1, 2024.
2023 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 D. Commission Powers and Duties › Section 1101.154. Additional Fee: Texas Real Estate Research Center

Sec. 1101.154.  ADDITIONAL FEE:  TEXAS REAL ESTATE RESEARCH CENTER.  (a)  The fee for the issuance or renewal of a:
(1)  broker license is the amount of the fee set under Section 1101.152 and an additional $70 fee for each year of the term for which the license is issued or renewed;
(2)  sales agent license is the amount of the fee set under Section 1101.152 and an additional $20 fee for each year of the term for which the license is issued or renewed; and
(3)  certificate of registration is the amount of the fee set under Section 1101.152 and an additional $20 fee for each year of the term for which the certificate is issued or renewed.
(b)  The commission shall transmit, not less than quarterly, the additional fees collected under Subsection (a) to Texas A&M University for deposit in a separate banking account that may be appropriated only to support, maintain, and carry out the purposes, objectives, and duties of the Texas Real Estate Research Center.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 4, eff. May 12, 2009.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(k), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 18, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 7, eff. January 1, 2024.
2023 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 D. Commission Powers and Duties › Section 1101.155. Rules Relating to Contract Forms

Sec. 1101.155.  RULES RELATING TO CONTRACT FORMS.  (a)  The commission may adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the commission.
(b)  The commission may not prohibit a license holder from using for the sale, exchange, option, or lease of an interest in real property a contract form that is:
(1)  prepared by the property owner;  or
(2)  prepared by an attorney and required by the property owner.
(c)  A listing contract form adopted by the commission that relates to the contractual obligations between a seller of real estate and a license holder acting as an agent for the seller must include:
(1)  a provision informing the parties to the contract that real estate commissions are negotiable;  and
(2)  a provision explaining the availability of Texas coastal natural hazards information important to coastal residents, if that information is appropriate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 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 D. Commission Powers and Duties › Section 1101.156. Rules Restricting Advertising or Competitive Bidding

Sec. 1101.156.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)   The commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to prohibit a false, misleading, or deceptive practice by the person.
(b)  The commission may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement used by the person;
(4)  restricts the person's advertisement under an assumed or trade name that is authorized by a law of this state and registered with the commission; or
(5)  requires the term "broker," "agent," or a similar designation or term, a reference to the commission, or the person's license number to be included in the person's advertisement.
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. 19, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 974 (S.B. 2212), Sec. 2, eff. September 1, 2017.
2023 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 D. Commission Powers and Duties › Section 1101.157. Subpoena Authority

Sec. 1101.157.  SUBPOENA AUTHORITY.  (a)  The commission may request and, if necessary, compel by subpoena:
(1)  the attendance of witnesses for examination under oath;  and
(2)  the production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter.
(b)  A subpoena may be issued throughout the state and may be served by any person designated by the commission.
(c)  If a person fails to comply with a subpoena issued under this section, the commission, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the commission may be held.
(d)  The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 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 D. Commission Powers and Duties › Section 1101.158. Advisory Committees

Sec. 1101.158.  ADVISORY COMMITTEES.  (a)  The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission.  An advisory committee under this section is subject to Section 2110, Government Code.
(b)  A member of an advisory committee who is not a member of the commission may not receive compensation for service on the committee.  The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions as provided by Section 2110.004, Government Code.
(c)  A member of an advisory committee serves at the will of the commission.
(d)  An advisory committee may hold a meeting by telephone conference call or other video or broadcast technology.
(e)  Advisory committee meetings are subject to Chapter 551, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 10, eff. September 1, 2007.
2023 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 D. Commission Powers and Duties › Section 1101.159. Use of Technology

Sec. 1101.159.  USE OF TECHNOLOGY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 10, eff. September 1, 2007.
2023 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 D. Commission Powers and Duties › Section 1101.160. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 1101.160.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 10, eff. September 1, 2007.
2023 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 D. Commission Powers and Duties › Section 1101.161. Gifts, Grants, and Donations

Sec. 1101.161.  GIFTS, GRANTS, AND DONATIONS.  The commission may solicit and accept a gift, grant, donation, or other item of value from any source to pay for any activity under this chapter, or Chapter 1102, 1103, 1104, or 1303 of this code, or Chapter 221, Property Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 20, eff. January 1, 2016.
2023 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 E. Public Interest Information and Complaint Procedures › Section 1101.201. Public Interest Information

Sec. 1101.201.  PUBLIC INTEREST INFORMATION.  (a)  The commission shall prepare information of public interest describing the functions of the commission.
(b)  The commission shall make the information available to the public and appropriate state agencies.
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. 11, eff. September 1, 2007.
2023 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 E. Public Interest Information and Complaint Procedures › Section 1101.202. Complaints

Sec. 1101.202.  COMPLAINTS.
(a)  The commission by rule shall:
(1)  prescribe a notice containing the name, mailing address, and telephone number of the commission for the purpose of directing a complaint to the commission; and
(2)  establish methods by which consumers and service recipients are provided the notice by a person regulated under this chapter or Chapter 1102.
(b)  The commission shall provide to a person who files a complaint with the commission relating to a license holder and to the license holder against whom the complaint is filed:
(1)  an explanation of the remedies that are available to the person under this chapter;  and
(2)  information about appropriate state or local agencies or officials with whom the person may file a complaint.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003;  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 21, eff. January 1, 2016.
2023 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 E. Public Interest Information and Complaint Procedures › Section 1101.203. Complaint Information

Sec. 1101.203.  COMPLAINT INFORMATION.  (a)  The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain a file on each complaint.  The file must include:
(1)  information relating to the parties to the complaint;
(2)  the subject matter of the complaint;
(3)  a summary of the results of the review or investigation of the complaint; and
(4)  the disposition of the complaint.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the parties to the complaint of the status of the complaint until final disposition, unless the notice would jeopardize an undercover investigation authorized under Section 1101.204.
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. 12, eff. September 1, 2007.
2023 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 E. Public Interest Information and Complaint Procedures › Section 1101.205. Complaint Investigation of Certificate Holder

Sec. 1101.205.  COMPLAINT INVESTIGATION OF CERTIFICATE HOLDER.  The commission shall investigate a signed complaint received by the commission that relates to an act of a certificate holder or a person required to hold a certificate under Subchapter K.  Section 1101.204 applies to an investigation under this section.
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. 22, eff. January 1, 2016.