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 E. Public Interest Information and Complaint Procedures › Section 1101.2051. Confidentiality of Investigation Material

Sec. 1101.2051.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.  (a)  Information or material, including an investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, discovery, or subpoena, if the information or material is prepared or compiled by the commission in connection with a complaint, investigation, or audit of any person subject to the jurisdiction of the commission.
(b)  Notwithstanding Subsection (a), information or material prepared or compiled by the commission in connection with a complaint, investigation, or audit may be disclosed:
(1)  to the respondent of the complaint;
(2)  to a person that is the subject of an audit;
(3)  to a person providing a service to the commission, an expert or other witness, or an investigator, if the information is necessary for preparation for, or a presentation in, a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal taken from a disciplinary proceeding;
(4)  to an entity in another jurisdiction that licenses, registers, credentials, or disciplines any person subject to the jurisdiction of the commission;
(5)  to a law enforcement agency;
(6)  to the State Office of Administrative Hearings; or
(7)  to the commission, or a panel of the commission, for use during any proceeding conducted by the State Office of Administrative Hearings or in a subsequent trial or appeal of a commission action or order.
(c)  The release of information under Subsection (b) does not constitute a release or disclosure for purposes of Section 552.007, Government Code.
(d)  The commission may require a confidentiality agreement be signed by a person entitled to receive information under Subsection (b) before releasing the information.
(d-1)  The commission shall protect the identity of a complainant to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.
(e)  Notwithstanding Subsection (a), on the dismissal or final resolution of a complaint, investigation, or audit, information or materials prepared or compiled by the commission in connection with the complaint, investigation, or audit, including a completed audit report or a final order of the commission, is subject to disclosure under Chapter 321 or 552, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 23, eff. January 1, 2016.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 5, 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 E. Public Interest Information and Complaint Procedures › Section 1101.206. Public Participation

Sec. 1101.206.  PUBLIC PARTICIPATION.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any agenda item at a regular commission meeting.
(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 6, 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 F. Texas Real Estate Broker-Lawyer Committee › Section 1101.251. Definition of Committee

Sec. 1101.251.  DEFINITION OF COMMITTEE.  In this subchapter, "committee" means the Texas Real Estate Broker-Lawyer Committee.
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 F. Texas Real Estate Broker-Lawyer Committee › Section 1101.252. Committee Membership

Sec. 1101.252.  COMMITTEE MEMBERSHIP.  (a)  The Texas Real Estate Broker-Lawyer Committee consists of 13 members appointed as follows:
(1)  six members appointed by the commission;
(2)  six members of the State Bar of Texas appointed by the president of the state bar;  and
(3)  one public member appointed by the governor.
(b)  Appointments to the committee shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 38.01, 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 F. Texas Real Estate Broker-Lawyer Committee › Section 1101.253. Terms; Vacancies

Sec. 1101.253.  TERMS;  VACANCIES.  (a)  Committee members serve staggered six-year terms, with the terms of two commission appointees and two State Bar of Texas appointees expiring every two years and the term of the public member expiring every six years.
(b)  A committee member shall hold office until the member's successor is appointed.
(c)  If a vacancy occurs during a member's term, the entity making the original appointment shall appoint a person to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 38.02, 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 F. Texas Real Estate Broker-Lawyer Committee › Section 1101.254. Powers and Duties

Sec. 1101.254.  POWERS AND DUTIES.  (a)  In addition to other delegated powers and duties, the committee shall draft and revise contract forms that are capable of being standardized to expedite real estate transactions and minimize controversy.
(b)  The contract forms must contain safeguards adequate to protect the principals in the transaction.
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 G. Approval of Real Estate Educational Programs and Courses of Study › Section 1101.3015. Fee for Educational Program

Sec. 1101.3015.  FEE FOR EDUCATIONAL PROGRAM.  (a)  Except as provided by Subsection (b), the commission may not charge more than one fee for the approval of an application to offer an educational program or course of study under this subchapter in multiple formats, including in person, online, or as a correspondence course.
(b)  The commission may adopt a fee schedule to charge a separate fee for each format in which a provider offers an educational program or course of study only if the commission by rule has adopted a policy regarding educational programs or courses of study that are offered in multiple formats.
Added by Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 26, 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 G. Approval of Real Estate Educational Programs and Courses of Study › Section 1101.302. Bond Required

Sec. 1101.302.  BOND REQUIRED.  (a)  In this section, "educational institution" means a school, excluding an accredited college or university, authorized by the commission under this chapter to offer a real estate or real estate inspection educational program or course of study.
(b)  An educational institution shall maintain a corporate surety bond or other security acceptable to the commission that is:
(1)  in the amount of $20,000;
(2)  payable to the commission; and
(3)  for the benefit of a party who suffers damages caused by the failure of the institution to fulfill obligations related to the commission's approval.
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. 4, 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 G. Approval of Real Estate Educational Programs and Courses of Study › Section 1101.303. Approval of Continuing Education Provider or Course of Study

Sec. 1101.303.  APPROVAL OF CONTINUING EDUCATION PROVIDER OR COURSE OF STUDY.  (a)  If the commission determines that an applicant for approval as a continuing education provider satisfies the requirements of this subchapter or Section 1102.205 and any rule adopted under this subchapter or Section 1102.205, the commission may authorize the applicant to offer continuing education for a two-year period.
(b)  If the commission determines that an applicant for approval of a continuing education course of study satisfies the requirements of this subchapter or Section 1102.205 and any rule adopted under this subchapter or Section 1102.205, the commission may authorize the applicant to offer the course of study for a two-year period.
(c)  The commission may by rule develop minimum education and experience requirements for an instructor of a continuing education course of study.  For commission approval of an application to offer the course, the applicant must ensure that the course's instructors meet the minimum education and experience requirements developed by the commission under this subsection.
(d)  The commission may deny an application to renew an approval under this section if the applicant is in violation of a commission order.  The denial of an approval under this subsection is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license.
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. 15, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 8, 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 G. Approval of Real Estate Educational Programs and Courses of Study › Section 1101.304. Examination Passage Rate Data

Sec. 1101.304.  EXAMINATION PASSAGE RATE DATA.  (a)  The commission shall adopt rules regarding the collection and publication of data relating to examination passage rates for graduates of educational programs approved under this subchapter.
(b)  Rules adopted under this section must provide for a method to:
(1)  calculate the examination passage rate;
(2)  collect the relevant data from the examination administrator or the approved program; and
(3)  post the examination passage rate data on the commission's Internet website, in a manner aggregated by educational program and by license group.
(c)  The commission shall adopt rules for determining the educational program a graduate is affiliated with for purposes of this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 16, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 27, 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 G. Approval of Real Estate Educational Programs and Courses of Study › Section 1101.305. Review Committee

Sec. 1101.305.  REVIEW COMMITTEE.
(a)  The commission may appoint a committee to review the performance of an educational program performing below the standards set by the commission under Section 1101.301.
(b)  A committee formed under this section shall review and evaluate any factor causing an educational program's poor performance and report findings and recommendations to improve performance to the program and to the commission.
(c)  A committee formed under this section may not revoke the approval of an educational program.  The commission may temporarily suspend a program in the same manner as a license under Subchapter N.
Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 16, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 28, 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 H. License Requirements › Section 1101.351. License Required

Sec. 1101.351.  LICENSE REQUIRED.  (a)  Unless a person holds a license issued under this chapter, the person may not:
(1)  act as or represent that the person is a broker or sales agent; or
(2)  act as a residential rental locator.
(a-1)  Unless a business entity holds a license issued under this chapter, the business entity may not act as a broker.
(b)  An applicant for a broker or sales agent license may not act as a broker or sales agent until the person receives the license evidencing that authority.
(c)  A licensed sales agent may not engage or attempt to engage in real estate brokerage unless the sales agent is sponsored by a licensed broker and is acting for that broker.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 29, 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 H. License Requirements › Section 1101.352. License Application

Sec. 1101.352.  LICENSE APPLICATION.  (a)  Each applicant for a broker or sales agent license must submit an application on a form prescribed by the commission.
(b)  Each applicant for a broker or sales agent license must disclose in the license application whether the applicant has:
(1)  entered a plea of guilty or nolo contendere to a felony; or
(2)  been convicted of a felony and the time for appeal has elapsed or the judgment or conviction has been affirmed on appeal.
(c)  The disclosure under Subsection (b) must be provided even if an order has granted community supervision suspending the imposition of the sentence.
(d)  At the time an application is submitted under Subsection (a), each applicant shall provide the commission with the applicant's current mailing address and telephone number, and the applicant's business e-mail address if available.  The applicant shall notify the commission of any change in the applicant's mailing or e-mail address or telephone number during the time the application is pending.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003;  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.158(a), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 30, 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 H. License Requirements › Section 1101.3521. Criminal History Record Information Requirement for License

Sec. 1101.3521.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.  (a)  The commission shall require that an applicant for a license or renewal of an unexpired license  submit a complete and legible set of fingerprints, on a form prescribed by the commission, to the commission or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The commission shall refuse to issue a license to or renew a license on active status of a person who does not comply with the requirement of Subsection (a).
(c)  The commission shall conduct a criminal history check of each applicant for a license or renewal of a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the commission by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The commission may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the department in conducting the criminal history check.
Added by Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 5, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 31, 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 H. License Requirements › Section 1101.353. Determination of Fitness

Sec. 1101.353.  DETERMINATION OF FITNESS.  (a)  If before applying for a license under this chapter a person requests that the commission determine whether the person possesses the fitness to engage in the profession for which the license is required and pays the required fee, the commission shall make its determination of the person's fitness to engage in the profession.
(b)  Not later than the 30th day after the date the commission makes its determination, the commission shall notify the person of the determination.
(c)  If a person applies for a license after receiving notice of a determination, the commission may conduct a supplemental determination of the person's fitness.  The supplemental determination may cover only the period after the date the person requests a determination of fitness under this section.
(d)  The commission may issue a provisional determination of fitness.  The commission by rule shall adopt reasonable terms for issuing a provisional determination of fitness.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 9, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 10, 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 H. License Requirements › Section 1101.354. General Eligibility Requirements

Sec. 1101.354.  GENERAL ELIGIBILITY REQUIREMENTS.  To be eligible to receive a license under this chapter, a person must:
(1)  at the time of application:
(A)  be at least 18 years of age; and
(B)  be a citizen of the United States or a lawfully admitted alien;
(2)  satisfy the commission as to the applicant's honesty, trustworthiness, and integrity;
(3)  demonstrate competence based on an examination under Subchapter I; and
(4)  complete the required courses of study, including any required qualifying real estate courses prescribed under 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. 33, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 11, 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 H. License Requirements › Section 1101.355. Additional General Eligibility Requirements for Business Entities; Registration of Certain Business Entities

Sec. 1101.355.  ADDITIONAL GENERAL ELIGIBILITY REQUIREMENTS FOR BUSINESS ENTITIES; REGISTRATION OF CERTAIN BUSINESS ENTITIES.  (a)  To be eligible for a license under this chapter, a business entity must:
(1)  designate one of its managing officers as its broker for purposes of this chapter; and
(2)  provide proof that the entity maintains errors and omissions insurance with a minimum annual limit of $1 million for each occurrence if the designated broker owns less than 10 percent of the business entity.
(b)  A business entity may not act as a broker unless the entity's designated broker is a licensed individual broker in active status and good standing according to the commission's records.
(b-1)  In determining whether a designated broker is in good standing under this section, the commission may consider:
(1)  the disciplinary history of:
(A)  the broker; or
(B)  any business entity for which the broker serves or previously served as a designated broker; and
(2)  the payment status of any amount owed to the commission by:
(A)  the broker; or
(B)  any business entity for which the broker serves or previously served as a designated broker.
(c)  A business entity that receives compensation on behalf of a license holder must be licensed as a broker under this chapter.
(d)  Notwithstanding Subsection (c) or any other law, a business entity is not required to be licensed under this chapter if the business entity:
(1)  receives compensation on behalf of a broker or sales agent licensed under this chapter that is earned by the license holder while engaged in real estate brokerage;
(2)  performs no other acts of a broker;
(3)  is:
(A)  a limited liability company as defined by Section 101.001, Business Organizations Code; or
(B)  an S corporation as defined by 26 U.S.C. Section 1361;
(4)  is registered with the commission; and
(5)  is at least 51 percent owned by the license holder on whose behalf the entity receives compensation.
(e)  The commission shall adopt rules providing for the registration of a business entity described by Subsection (d).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 7, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 34, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 8, eff. January 1, 2024.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 9, 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 H. License Requirements › Section 1101.356. Broker License: Experience and Education Requirements

Sec. 1101.356.  BROKER LICENSE:  EXPERIENCE AND EDUCATION REQUIREMENTS.  (a)  An applicant for a broker license must provide to the commission satisfactory evidence that the applicant:
(1)  has had at least four years of active experience as a license holder during the 60 months preceding the date the application is filed; and
(2)  has successfully completed the number of hours of qualifying real estate and related courses required by commission rule, not to exceed 60 semester hours or equivalent classroom hours.
(b)  Subsection (a) does not apply to an applicant who, at the time of application, is licensed as a real estate broker by another state that has license requirements comparable to the requirements of this state.
(b-1)  The commission by rule shall establish what constitutes active experience for purposes of this section.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1064, Sec. 24, eff. September 1, 2011.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.152(b), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 6, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 8, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 24, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 35, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 10, 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 H. License Requirements › Section 1101.358. Sales Agent License: Education Requirements

Sec. 1101.358.  SALES AGENT LICENSE:  EDUCATION REQUIREMENTS.  (a)  An applicant for a sales agent license must provide to the commission satisfactory evidence that the applicant has completed at least 12 semester hours, or equivalent classroom hours, of education consisting of:
(1)  at least four semester hours of qualifying real estate courses on principles of real estate; and
(2)  at least two semester hours of each of the following qualifying real estate courses:
(A)  agency law;
(B)  contract law;
(C)  contract forms and addendums; and
(D)  real estate finance.
(b)  The commission shall waive the education requirements of Subsection (a) if the applicant has been licensed in this state as a broker or sales agent within the six months preceding the date the application is filed.
(c)  If an applicant for a sales agent license was licensed as a sales agent within the six months preceding the date the application is filed and the license was issued under the conditions prescribed by Section 1101.454, the commission shall require the applicant to provide the evidence of successful completion of education requirements that would have been required if the license had been maintained without interruption during the preceding six months.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.152(c), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 4, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 10, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 37, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 11, 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 H. License Requirements › Section 1101.359. Alternate Education Requirements for Certain License Holders

Sec. 1101.359.  ALTERNATE EDUCATION REQUIREMENTS FOR CERTAIN LICENSE HOLDERS.  An applicant for a broker license who is not subject to the education requirements of Section 1101.356(a)(2) and an applicant for a sales agent license who is not subject to the education requirements of Section 1101.358 or 1101.454 must provide to the commission satisfactory evidence that the applicant has completed the number of classroom hours of continuing education that would have been required for a timely renewal under Section 1101.455 during the two years preceding the date the application is filed.
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. 38, 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 H. License Requirements › Section 1101.360. Eligibility Requirements for Certain Nonresident Applicants

Sec. 1101.360.  ELIGIBILITY REQUIREMENTS FOR CERTAIN NONRESIDENT APPLICANTS.  (a)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 28(2), eff. January 1, 2024.
(b)  A nonresident applicant is subject to the same license requirements as a resident.  The commission may refuse to issue a license to a nonresident applicant for the same reasons that it may refuse to issue a license to a resident applicant.
(c)  A nonresident applicant must submit with the application an irrevocable consent to a legal action against the applicant in the court of any county in this state in which a cause of action may arise or in which the plaintiff may reside.  The action may be commenced by service of process or pleading authorized by the laws of this state or by delivery of process on the executive director or deputy executive director of the commission.  The consent must:
(1)  stipulate that the service of process or pleading is valid and binding in all courts as if personal service had been made on the nonresident in this state;
(2)  be acknowledged; and
(3)  if made by a corporation, be authenticated by its seal.
(d)  A service of process or pleading served on the commission under this section shall be by duplicate copies.  One copy shall be filed in the commission's office, and the other copy shall be forwarded by registered mail to the last known principal address recorded in the commission's records for the nonresident against whom the process or pleading is directed.
(e)  A default judgment in an action commenced as provided by this section may not be granted:
(1)  unless the commission certifies that a copy of the process or pleading was mailed to the defendant as provided by Subsection (d);  and
(2)  until the 21st day after the date the process or pleading is mailed to the defendant.
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. 39, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 28(2), 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 H. License Requirements › Section 1101.362. Waiver of License Requirements: Previous License Holders

Sec. 1101.362.  WAIVER OF LICENSE REQUIREMENTS:  PREVIOUS LICENSE HOLDERS.  The commission by rule may waive some or all of the requirements for a license under this chapter for an applicant who was licensed under this chapter within the two years preceding the date the application is filed.
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. 40, 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 H. License Requirements › Section 1101.363. Issuance of License

Sec. 1101.363.  ISSUANCE OF LICENSE.  (a)  The commission shall issue an appropriate license to an applicant who meets the requirements for a license.
(b)  The commission may issue an inactive sales agent license to a person who applies for a sales agent license and satisfies all requirements for the license.  The person may not act as a sales agent unless the person is sponsored by a licensed broker who has notified the commission as required by Section 1101.367(b).
(c)  A license remains in effect for the period prescribed by the commission if the license holder complies with this chapter and pays the appropriate renewal fees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 5, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.158(b), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 41, 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 H. License Requirements › Section 1101.364. Denial of License

Sec. 1101.364.  DENIAL OF LICENSE.  (a)  The commission shall immediately give written notice to the applicant of the commission's denial of a license.
(b)  A person whose license application is denied under this section is entitled to a hearing under Section 1101.657.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(2), eff. September 1, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(2), eff. September 1, 2007.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(2), eff. September 1, 2007.
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. 17, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 59(2), 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 H. License Requirements › Section 1101.365. Probationary License

Sec. 1101.365.  PROBATIONARY LICENSE.  (a)  The commission may issue a probationary license.
(b)  The commission by rule shall adopt reasonable terms for issuing a probationary license.
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 H. License Requirements › Section 1101.366. Inactive License: Broker

Sec. 1101.366.  INACTIVE LICENSE:  BROKER.  (a)  The commission may place on inactive status the license of a broker if the broker:
(1)  is not acting as a broker;
(2)  is not sponsoring a sales agent; and
(3)  submits a written application to the commission before the expiration date of the broker's license.
(b)  The commission may place on inactive status the license of a broker whose license has expired if the broker applies for inactive status on a form prescribed by the commission not later than six months after the expiration date of the broker's license.
(c)  A broker applying for inactive status shall terminate the broker's association with each sales agent sponsored by the broker by giving written notice to each sales agent before the 30th day preceding the date the broker applies for inactive status.
(d)  A broker on inactive status:
(1)  may not perform any activity regulated under this chapter; and
(2)  must pay renewal fees.
(e)  The commission shall maintain a list of each broker whose license is on inactive status.
(f)  The commission shall remove a broker's license from inactive status if the broker:
(1)  submits an application to the commission;
(2)  pays the required fee; and
(3)  submits proof of attending continuing education as specified by Section 1101.455 during the two years preceding the date the application under Subdivision (1) is filed.
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. 42, 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 H. License Requirements › Section 1101.367. Inactive License: Sales Agent

Sec. 1101.367.  INACTIVE LICENSE: SALES AGENT.  (a)  When the relationship of a sales agent with the sales agent's sponsoring broker terminates, the terminating party shall immediately notify in writing both the other party and the commission.  On receiving the written notice, the commission shall place the sales agent license on inactive status.
(b)  The commission may return a sales agent license to active status under Subsection (a) if, before the expiration date of the sales agent license, a licensed broker files a request with the commission advising the commission that the broker assumes sponsorship of the sales agent, accompanied by the appropriate fee.
(c)  As a condition of returning to active status, an inactive sales agent whose license is not subject to the education requirements of Section 1101.454 must provide to the commission proof of attending continuing education as specified by Section 1101.455 during the two years preceding the date the application to return to active status is filed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.158(c), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 11, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 43, 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 I. Examinations › Section 1101.401. Examination Required

Sec. 1101.401.  EXAMINATION REQUIRED.  (a)  The competency requirement prescribed under Section 1101.354(3) shall be established by an examination prepared or contracted for by the commission.
(b)  The commission shall determine the time and place in the state for offering the examination.
(c)  The examination must be of sufficient scope in the judgment of the commission to determine whether a person is competent to act as a broker or sales agent in a manner that will protect the public.
(d)  The examination for a sales agent license must be less exacting and less stringent than the broker examination.
(e)  The commission shall provide each applicant with study material and references on which the examination is based.
(f)  An applicant must satisfy the examination requirement not later than one year after the date the license application is filed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 12, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 44, 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 I. Examinations › Section 1101.402. Waiver of Examination

Sec. 1101.402.  WAIVER OF EXAMINATION.  The commission shall waive the examination requirement for an applicant for a broker or sales agent license if:
(1)  the applicant was previously licensed in this state as a broker or sales agent; and
(2)  the application is filed before the second anniversary of the expiration date of the equivalent license.
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. 45, 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 I. Examinations › Section 1101.403. Administration of Examination; Testing Service

Sec. 1101.403.  ADMINISTRATION OF EXAMINATION;  TESTING SERVICE.  (a)  The commission shall administer any examination required by this chapter or Chapter 1102 unless the commission enters into an agreement with a testing service to administer the examination.
(b)  The commission may accept an examination administered by a testing service if the commission retains the authority to establish the scope and type of the examination.
(c)  The commission may negotiate an agreement with a testing service relating to examination development, scheduling, site arrangements, administration, grading, reporting, and analysis.
(d)  The commission may require a testing service to:
(1)  correspond directly with license applicants regarding the administration of the examination;
(2)  collect fees directly from applicants for administering the examination;  or
(3)  administer the examination at specific locations and specified frequencies.
(e)  The commission shall adopt rules and standards as necessary to implement this section.
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 I. Examinations › Section 1101.404. Examination Results

Sec. 1101.404.  EXAMINATION RESULTS.  (a)  Not later than the 10th day after the date an examination is administered, the commission or the testing service shall notify each examinee of the results of the examination.
(b)  If the notice of the results of an examination will be delayed for more than 10 days after the examination date, the commission shall notify each examinee of the reason for the delay before the 10th day.
(c)  If requested in writing by a person who fails an examination, the commission shall provide to the person an analysis of the person's performance on the examination.  The request must be accompanied by a statement identifying the person.
(d)  The results of an examination are confidential.
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. 46, 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 I. Examinations › Section 1101.405. Reexamination

Sec. 1101.405.  REEXAMINATION.  (a)  An applicant who fails an examination may apply for reexamination by filing a request accompanied by the proper fee.
(b)  An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the commission that the applicant has completed additional education, as prescribed by the commission, since the date of the applicant's last examination.
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. 47, 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 J. License Renewal › Section 1101.451. License Expiration and Renewal

Sec. 1101.451.  LICENSE EXPIRATION AND RENEWAL.  (a)  The commission may issue or renew a license for a period of 24 months.
(b)  The commission by rule may adopt a system under which licenses expire on various dates during the year.  The commission shall adjust the date for payment of the renewal fees accordingly.
(c)  For a year in which the license expiration date is changed, renewal fees payable shall be prorated on a monthly basis so that each license holder pays only that portion of the fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total renewal fee is payable.
(d)  Except as provided by Subsection (e), a renewal fee for a license under this chapter may not exceed, calculated on an annual basis, the amount of the sum of the fees established under Sections 1101.152 and 1101.154.
(e)  A person whose license has been expired for 90 days or less may renew the license by paying to the commission a fee equal to 1-1/2 times the required renewal fee.  If a license has been expired for more than 90 days but less than six months, the person may renew the license by paying to the commission a fee equal to two times the required renewal fee.
(f)  If a person's license has been expired for six months or longer, the person may not renew the license.  The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.
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. 18, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 19, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 49, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 12, 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 J. License Renewal › Section 1101.452. Information Required for License Renewal

Sec. 1101.452.  INFORMATION REQUIRED FOR LICENSE RENEWAL.  (a)  To renew an active license that is not subject to the education requirements of Section 1101.454, the license holder must provide to the commission proof of compliance with the continuing education requirements of Section 1101.455.
(b)  Each applicant for the renewal of a license must disclose in the license application whether the applicant has:
(1)  entered a plea of guilty or nolo contendere to a felony;  or
(2)  been convicted of a felony and the time for appeal has elapsed or the judgment or conviction has been affirmed on appeal.
(c)  The disclosure under Subsection (b) must be provided even if an order has granted community supervision suspending the imposition of the sentence.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 14, eff. September 1, 2011.
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 J. License Renewal › Section 1101.4521. Criminal History Record Information for Renewal

Sec. 1101.4521.  CRIMINAL HISTORY RECORD INFORMATION FOR RENEWAL.  An applicant for the renewal of an unexpired license must comply with the criminal history record check requirements of Section 1101.3521.
Added by Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 7, eff. September 1, 2007.