reglab/statecodes huggingface dataset:
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 N. Prohibited Practices and Disciplinary Proceedings › Section 1101.661. Final Order

Sec. 1101.661.  FINAL ORDER.  The commission may issue a final order in a proceeding under this subchapter or Subchapter O regarding a person whose license has expired.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 24, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 72, 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 N. Prohibited Practices and Disciplinary Proceedings › Section 1101.662. Temporary Suspension

Sec. 1101.662.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended.
(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license of that person.
(c)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension; and
(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 24, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 73, 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 N. Prohibited Practices and Disciplinary Proceedings › Section 1101.663. Reapplying After Revocation, Surrender, or Denial

Sec. 1101.663.  REAPPLYING AFTER REVOCATION, SURRENDER, OR DENIAL.  A person whose license or registration has been revoked, a person who has surrendered a license or registration issued by the commission, or a person whose application for a license or registration has been denied after a hearing under Section 1101.657 may not apply to the commission for a license or registration before the second anniversary of the date of the revocation, surrender, or denial.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 74, 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 N. Prohibited Practices and Disciplinary Proceedings › Section 1101.664. Failure to Appear; Costs

Sec. 1101.664.  FAILURE TO APPEAR; COSTS.  (a)  If a respondent receives proper notice of a contested case hearing but does not appear in person at the hearing, the administrative law judge may conduct the hearing or enter an order, as the administrative law judge determines appropriate.
(b)  The respondent is bound by the results of the hearing to the same extent as if the respondent had appeared.
(c)  The administrative law judge may award reasonable costs to the commission on a request for and proof of costs incurred if the respondent fails to appear at the hearing.  In this subsection, the term "costs" means all costs associated with the hearing, including the costs charged by the State Office of Administrative Hearings and any costs related to hearing preparation, discovery, depositions, subpoenas, service of process, witness expenses, travel expenses, and investigation expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 75, 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 O. Administrative Penalty › Section 1101.701. Imposition of Administrative Penalty

Sec. 1101.701.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued by the commission under this chapter.
(b)  The commission shall periodically review the commission's enforcement procedures and ensure that administrative penalty and disciplinary proceedings are combined into a single enforcement procedure.
(c)  The commission may combine a proceeding to impose an administrative penalty with another disciplinary proceeding, including a proceeding to suspend or revoke a license.
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(c), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 25, 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 O. Administrative Penalty › Section 1101.7015. Delegation of Executive Director's Authority

Sec. 1101.7015.  DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY.  The commission may authorize the executive director to delegate to another commission employee the executive director's authority to act under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(d), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 76, 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 O. Administrative Penalty › Section 1101.702. Amount of Penalty

Sec. 1101.702.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.
(b)  In determining the amount of the penalty, the executive director shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited acts;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts to correct the violation; and
(5)  any other matter that justice may require.
(c)  The commission by rule shall adopt a schedule of administrative penalties based on the criteria listed in Subsection (b) for violations subject to an administrative penalty under this section to ensure that the amount of a penalty imposed is appropriate to the violation.  The rules adopted under this subsection must provide authority for the commission to suspend or revoke a license in addition to or instead of imposing an administrative penalty.
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(e), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 26, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 77, 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 O. Administrative Penalty › Section 1101.703. Notice of Violation and Penalty

Sec. 1101.703.  NOTICE OF VIOLATION AND PENALTY.  If, after investigation of a possible violation and the facts relating to that violation, the executive director determines that a violation has occurred, the executive director may issue a notice of violation stating:
(1)  a brief summary of the alleged violation;
(2)  the executive director's recommendation on the imposition of the administrative penalty or another disciplinary sanction, including a recommendation on the amount of the penalty; and
(3)  that the respondent has the right to a hearing to contest the alleged violation, the recommended penalty, or both.
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. 28, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(4), eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 78, 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 O. Administrative Penalty › Section 1101.704. Penalty to Be Paid or Hearing Requested

Sec. 1101.704.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 1101.703, the person may:
(1)  accept the executive director's determination, including the recommended administrative penalty; or
(2)  request in writing a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the executive director's determination, or fails to respond in a timely manner to the notice, the commission by order shall approve the determination and order payment of the recommended penalty or impose the recommended sanction.
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. 29, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 79, 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 O. Administrative Penalty › Section 1101.705. Hearing; Decision

Sec. 1101.705.  HEARING; DECISION.  (a)  If the person requests a hearing, the administrator shall set a hearing and give notice of the hearing to the person.
(b)  An administrative law judge of the State Office of Administrative Hearings shall conduct the hearing.  The administrative law judge shall:
(1)  make findings of fact and conclusions of law; and
(2)  promptly issue to the commission a proposal for decision regarding the occurrence of the violation and the amount of any proposed administrative penalty.
(c)  Based on the findings of fact, conclusions of law, and proposal for decision of the administrative law judge, the commission by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(d)  A proceeding under this section is subject to Chapter 2001, Government Code.
(e)  The notice of the commission's order given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.
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(f), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 30, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 31, 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 O. Administrative Penalty › Section 1101.706. Notice of Order

Sec. 1101.706.  NOTICE OF ORDER.  The executive director shall give notice of the commission's order to the person.  The notice must:
(1)  include the findings of fact and conclusions of law, separately stated;
(2)  state the amount of any penalty imposed;
(3)  inform the person of the person's right to judicial review of the order; and
(4)  include other information required by law.
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. 80, 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 O. Administrative Penalty › Section 1101.707. Options Following Decision: Pay or Appeal

Sec. 1101.707.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  (a)  Not later than the 30th day after the date the commission's order becomes final, the person shall:
(1)  pay the administrative penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond in a form approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until judicial review of the order is final; or
(2)  request the court to stay enforcement by:
(A)  filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court, within five days after the date the copy is received, a contest to the affidavit.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
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. 32, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 81, 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 O. Administrative Penalty › Section 1101.708. Collection of Penalty

Sec. 1101.708.  COLLECTION OF PENALTY.  (a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
(b)  If the attorney general notifies the commission that the attorney general will not pursue collection of the penalty, the commission may pursue collection of the penalty by any lawful means.
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. 82, 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 O. Administrative Penalty › Section 1101.7085. Determination by Court

Sec. 1101.7085.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 33, 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 O. Administrative Penalty › Section 1101.709. Remittance of Penalty and Interest

Sec. 1101.709.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review the administrative penalty is reduced or is not upheld by the court, the court shall remit the appropriate amount, plus accrued interest, to the person if the person paid the penalty.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
(d)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(e)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
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. 34, 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 O. Administrative Penalty › Section 1101.710. Administrative Procedure

Sec. 1101.710.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 35, 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 P. Other Penalties and Enforcement Provisions › Section 1101.751. Injunctive Action Brought by Commission

Sec. 1101.751.  INJUNCTIVE ACTION BROUGHT BY COMMISSION.  (a)  In addition to any other action authorized by law, the commission may bring an action in its name to enjoin a violation of this chapter or a commission rule.
(b)  To obtain an injunction under this section, the commission is not required to allege or prove that:
(1)  an adequate remedy at law does not exist;  or
(2)  substantial or irreparable damage would result from the continued violation.
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 P. Other Penalties and Enforcement Provisions › Section 1101.752. Additional Injunctive Authority

Sec. 1101.752.  ADDITIONAL INJUNCTIVE AUTHORITY.  (a)  In addition to any other action authorized by law, the commission, acting through the attorney general, may bring an action to abate a violation or enjoin a violation or potential violation of this chapter or a commission rule if the commission determines that a person has violated or is about to violate this chapter.
(b)  The action shall be brought in the name of the state in the district court in the county in which:
(1)  the violation occurred or is about to occur;  or
(2)  the defendant resides.
(c)  An injunctive action may be brought to abate or temporarily or permanently enjoin an act or to enforce this chapter.
(d)  The commission is not required to give a bond in an action under Subsection (a), and court costs may not be recovered from the commission.
(e)  If the commission determines that a person has violated or is about to violate this chapter, the attorney general or the county attorney or district attorney in the county in which the violation has occurred or is about to occur or in the county of the defendant's residence may bring an action in the name of the state in the district court of the county to abate or temporarily or permanently enjoin the violation or to enforce this chapter.  The plaintiff in an action under this subsection is not required to give a bond, and court costs may not be recovered from the plaintiff.
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 P. Other Penalties and Enforcement Provisions › Section 1101.753. Civil Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder

Sec. 1101.753.  CIVIL PENALTY FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.  (a)  In addition to injunctive relief under Sections 1101.751 and 1101.752, a person who receives a commission or other consideration as a result of acting as a broker or sales agent without holding a license or certificate of registration under this chapter is liable to the state for a civil penalty of not less than the amount of money received or more than three times the amount of money received.
(b)  The commission may recover the civil penalty, court costs, and reasonable attorney's fees on behalf of the state.
(c)  The commission is not required to give a bond in an action under this section, and court costs may not be recovered from 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. 83, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 84, 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 P. Other Penalties and Enforcement Provisions › Section 1101.754. Private Cause of Action for Certain Violations by Broker, Sales Agent, or Certificate Holder

Sec. 1101.754.  PRIVATE CAUSE OF ACTION FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.  (a)  A person who receives a commission or other consideration as a result of acting as a broker or sales agent without holding a license or certificate of registration under this chapter is liable to an aggrieved person for a penalty of not less than the amount of money received or more than three times the amount of money received.
(b)  The aggrieved person may file suit to recover a penalty 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. 85, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 86, 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 P. Other Penalties and Enforcement Provisions › Section 1101.755. Appeal Bond Exemption

Sec. 1101.755.  APPEAL BOND EXEMPTION.  The commission is not required to give an appeal bond in an action to enforce this chapter.
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 P. Other Penalties and Enforcement Provisions › Section 1101.756. General Criminal Penalty

Sec. 1101.756.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person wilfully violates or fails to comply with this chapter or a commission order.
(b)  An offense under this section is a Class A misdemeanor.
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 P. Other Penalties and Enforcement Provisions › Section 1101.757. Criminal Penalty for Certain Violations by Residential Rental Locator

Sec. 1101.757.  CRIMINAL PENALTY FOR CERTAIN VIOLATIONS BY RESIDENTIAL RENTAL LOCATOR.  (a)  A person commits an offense if the person engages in business as a residential rental locator in this state without a license issued under this chapter.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.161(a), eff. Sept. 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 P. Other Penalties and Enforcement Provisions › Section 1101.758. Criminal Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder

Sec. 1101.758.  CRIMINAL PENALTY FOR CERTAIN VIOLATIONS BY BROKER, SALES AGENT, OR CERTIFICATE HOLDER.  (a)  A person commits an offense if the person acts as a broker or sales agent without holding a license under this chapter or engages in an activity for which a certificate of registration is required under this chapter without holding a certificate.
(b)  An offense under this section is a Class A misdemeanor.
(c)  to (e) Repealed by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.162(b).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.162(a), (b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 87, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 88, 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 P. Other Penalties and Enforcement Provisions › Section 1101.759. Cease and Desist Order

Sec. 1101.759.  CEASE AND DESIST ORDER.  (a)  If it appears to the commission that a person is violating this chapter or Chapter 1102 or a rule adopted under this chapter or Chapter 1102, the commission, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter O.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 36, 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 Q. General Provisions Relating to Liability Issues › Section 1101.801. Effect of Disciplinary Action on Liability

Sec. 1101.801.  EFFECT OF DISCIPLINARY ACTION ON LIABILITY.  Disciplinary action taken against a person under Section 1101.652 does not relieve the person from civil or criminal liability.
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 Q. General Provisions Relating to Liability Issues › Section 1101.802. Liability Relating to HIV Infection or AIDS

Sec. 1101.802.  LIABILITY RELATING TO HIV INFECTION OR AIDS.  Notwithstanding Section 1101.801, a person is not civilly or criminally liable because the person failed to inquire about, make a disclosure relating to, or release information relating to whether a previous or current occupant of real property had, may have had, has, or may have AIDS, an HIV-related illness, or HIV infection as defined by the Centers for Disease Control and Prevention of the United States Public Health Service.
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 Q. General Provisions Relating to Liability Issues › Section 1101.803. General Liability of Broker

Sec. 1101.803.  GENERAL LIABILITY OF BROKER.  A licensed broker is liable to the commission, the public, and the broker's clients for any conduct engaged in under this chapter by the broker or by a sales agent associated with or acting for the broker.
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. 89, 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 Q. General Provisions Relating to Liability Issues › Section 1101.804. Liability for Providing Certain Information

Sec. 1101.804.  LIABILITY FOR PROVIDING CERTAIN INFORMATION.  A license holder or nonprofit real estate board or association that provides information about real property sales prices or the terms of a sale for the purpose of facilitating the listing, selling, leasing, financing, or appraisal of real property is not liable to another person for providing that information unless the disclosure of that information is specifically prohibited by statute.
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 Q. General Provisions Relating to Liability Issues › Section 1101.805. Liability for Misrepresentation or Concealment

Sec. 1101.805.  LIABILITY FOR MISREPRESENTATION OR CONCEALMENT.  (a)  In this section, "party" has the meaning assigned by Section 1101.551.
(b)  This section prevails over any other law, including common law.
(c)  This section does not diminish a broker's responsibility for the acts or omissions of a sales agent associated with or acting for the broker.
(d)  A party is not liable for a misrepresentation or a concealment of a material fact made by a license holder in a real estate transaction unless the party:
(1)  knew of the falsity of the misrepresentation or concealment;  and
(2)  failed to disclose the party's knowledge of the falsity of the misrepresentation or concealment.
(e)  A license holder is not liable for a misrepresentation or a concealment of a material fact made by a party to a real estate transaction unless the license holder:
(1)  knew of the falsity of the misrepresentation or concealment;  and
(2)  failed to disclose the license holder's knowledge of the falsity of the misrepresentation or concealment.
(f)  A party or a license holder is not liable for a misrepresentation or a concealment of a material fact made by a subagent in a real estate transaction unless the party or license holder:
(1)  knew of the falsity of the misrepresentation or concealment;  and
(2)  failed to disclose the party's or license holder's knowledge of the falsity of the misrepresentation or concealment.
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. 90, eff. January 1, 2016.