reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.57 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration
				  of licensing examinations.
(1) An examination
				  required for any license issued by the Commission will be conducted by the
				  testing service with which the Commission has contracted for the administration
				  of examinations.
(A) The testing service
				  shall schedule and conduct the examinations in the manner required by the
				  contract between the Commission and the testing service.
(B) Except as otherwise provided by law, the
				  examination fee must be paid each time the examination is taken.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.58 - License for Military Service Members, Veterans, or Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Military service member" means a person
				  who is on current full-time military service in the armed forces of the United
				  States or active duty military service as a member of the Texas military
				  forces, as defined by §
											437.001, Government
				  Code, or similar military service of another state.
(2) "Military spouse" means a person who is
				  married to a military service member.
(3) "Veteran" means a person who has served
				  as a military service member and who was discharged or released from active
				  duty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.60 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter F of
					 this chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Classroom
				  delivery--A method of course delivery where the instructor and students
				  interact face to face and in real time, in either the same physical location,
				  or through the use of technology.
(2) Distance Education delivery--A method of
				  course delivery other than classroom delivery, including online and
				  correspondence delivery.
(3)
				  Combination delivery--A combination of classroom and distance education where
				  at least 50% of the course is offered through classroom delivery.
(4) Instructor--A person chosen by a provider
				  to teach qualifying courses.
(5)
				  Legal Update Courses--Required courses created for and approved by the
				  Commission to satisfy the eight hours of continuing education required by
				  §1101.455 of the Act.
(6)
				  Mandatory qualifying course--A qualifying course that an applicant is required
				  to take to fulfill licensing requirements as mandated by §1101.358 of the
				  Act.
(7) Elective qualifying
				  course--A qualifying course, other than a mandatory qualifying course, for
				  which the subject matter of the course is specified by the Act or Commission
				  rule, that an applicant may take to fulfill licensing requirements.
(8) Person--Any individual, partnership,
				  corporation, or other legal entity, including a state agency or governmental
				  subdivision.
(9) Provider--Any
				  person approved by the Commission; or specifically exempt by the Act, Chapter
				  1102, or Commission rule; that offers a course for which qualifying credit may
				  be granted by the Commission to a license holder or applicant.
(10) Proctor--A person who monitors a final
				  examination for a course offered by a provider under the guidelines contained
				  in this section. A proctor may be a course instructor, the provider, an
				  employee of a college or university testing center, a librarian, or other
				  person approved by the Commission.
(11) Scenario-based learning--The use of
				  scenarios to support active learning strategies such as problem-based or
				  case-based learning where students must apply their subject knowledge, critical
				  thinking and problem-solving skills in a real-world context.
(12) Topic--Subject matter that must be
				  covered in a specific course as defined by the Act, Chapter 1102 and this
				  chapter.
(13) Unit--A subtopic that
				  must be covered within a topic.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.61 - Approval of Providers of Qualifying Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				  approval.
(1) Unless otherwise exempt under
				  subsection (b) of this section, a person desiring to be approved by the
				  Commission to offer real estate, easement or right-of-way, or real estate
				  inspection qualifying courses shall:
(A) file
				  an application on the appropriate form approved by the Commission, with all
				  required documentation;
(B) submit
				  the required fee under §
												535.101 of this chapter (relating
				  to Fees) or §
												535.210 of this chapter (relating
				  to Fees);
(C) submit the statutory
				  bond or other security acceptable to the Commission under §1101.302 of the
				  Act; and
(D) maintain a fixed
				  office in the state of Texas or designate a resident of this state as
				  attorney-in-fact to accept service of process and act as custodian of any
				  records in Texas which the provider is required to maintain by this
				  subchapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.62 - Approval of Qualifying Courses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application for approval of a qualifying course.
(1) For each qualifying course a provider
				  intends to offer, the provider must:
(A)
				  submit the course application and course approval forms, including all
				  materials required; and
(B) pay the
				  fee required by §
												535.101 or §
												535.210 of this
				  title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.63 - Qualifications for Instructors of Qualifying Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider must
				  ensure that an instructor who teaches real estate, easement or right-of-way, or
				  real estate inspection qualifying courses is competent in the subject matter to
				  be taught and has the ability to teach effectively.
(b) Except as provided by subsection (c) of
				  this section, the provider must use an instructor who possesses the following
				  qualifications:
(1) a college degree in the
				  subject area to be taught and three years of experience in teaching or
				  training;
(2) five years of active
				  experience as a license holder (broker for Real Estate Brokerage and Broker
				  Responsibility courses) and three years of experience in teaching or training;
				  or
(3) the equivalent of subsection
				  (b)(1) or (2) of this section as determined by the provider after consideration
				  of the instructor's professional experience, research, authorship, or other
				  significant endeavors in real estate, easement or right-of-way, or real estate
				  inspection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.64 - Content Requirements for Qualifying Real Estate Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) Mandatory
				  qualifying courses. To be approved by the Commission, the following mandatory
				  qualifying courses must contain the content outlined below:
(1) Principles of Real Estate I shall contain
				  the topics and units outlined in the PRINS 1-0, Qualifying Real Estate Course
				  Approval Form, Principles of Real Estate I, hereby adopted by
				  reference.
(2) Principles of Real
				  Estate II shall contain the topics and units outlined in the PRINS 2-0,
				  Qualifying Real Estate Course Approval Form, Principles of Real Estate II,
				  hereby adopted by reference.
(3)
				  Law of Agency shall contain the topics and units outlined in the LOA-0,
				  Qualifying Real Estate Course Approval Form, Law of Agency, hereby adopted by
				  reference.
(4) Law of Contracts
				  shall contain the topics and units outlined in the LOC-0, Qualifying Real
				  Estate Course Approval Form, Law of Contracts, hereby adopted by
				  reference.
(5) Promulgated Contract
				  Forms shall contain the topics and units outlined in the PCF-0, Qualifying Real
				  Estate Course Approval Form, Promulgated Contract Forms, hereby adopted by
				  reference.
(6) Real Estate Finance
				  shall contain the topics and units outlined in the REF-0, Qualifying Real
				  Estate Course Approval Form, Real Estate Finance, hereby adopted by
				  reference.
(7) Real Estate
				  Brokerage (mandatory for a broker's license) shall contain the topics and units
				  outlined in the REB-1, Qualifying Real Estate Course Approval Form, Real Estate
				  Brokerage, hereby adopted by reference.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.65 - Responsibilities and Operations of Providers of Qualifying Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) Responsibility
				  of Providers.
(1) A provider is responsible
				  for:
(A) the administration of each course,
				  including, but not limited to, compliance with any prescribed period of time
				  for any required course topics required by the Act, Chapter 1102, and
				  Commission rules;
(B) maintaining
				  student attendance records and pre-enrollment agreements;
(C) verifying instructor qualification,
				  performance and attendance;
(D)
				  proper examination administration;
(E) validation of student identity acceptable
				  to the Commission;
(F) maintaining
				  student course completion records;
(G) ensuring all advertising complies with
				  subsection (c) of this section;
(H)
				  ensuring that instructors or other persons do not recruit or solicit
				  prospective sales agents, brokers, easement or right-of-way agents, or
				  inspectors during course presentation; and
(I) ensuring staff is reasonably available
				  for public inquiry and assistance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.66 - Credit for Courses Offered by Accredited Colleges or Universities

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section, an "accredited college or university" is defined as a
				  college or university accredited by a regional accrediting association, such as
				  the Commission on Colleges of the Southern Association of Colleges and Schools,
				  or by a recognized national or international accrediting body.
(b) Exemption. Pursuant to §
										1101.301, Texas
				  Occupations Code, the Commission does not approve qualifying educational
				  programs or courses of study in real estate and real estate inspection offered
				  by an accredited college or university; however, the Commission has the
				  authority to determine whether a real estate or real estate inspection course
				  satisfies the requirements of the Act and Chapter 1102.
(c) Credit for real estate courses offered by
				  an accredited college or university. To be eligible to receive credit by the
				  Commission, qualifying courses offered by an accredited college or university
				  must meet the following requirements:
(1)
				  cover the subject and topics listed in §
											1101.003, Texas
				  Occupations Code, or §
											535.64 of this subchapter
				  (relating to Content Requirements for Qualifying Real Estate Courses) in
				  substantially the same manner; and
(2) comply with the curriculum accreditation
				  standards required of the college or university by the applicable accreditation
				  association for verification of clock/course hours, design and delivery
				  method.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.67 - Qualifying Education: Compliance and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Audits.
(1) The Commission staff may:
(A) conduct on-site audits without prior
				  notice to an approved provider; and
(B) enroll and attend a course without
				  identifying themselves as employees of the Commission for purposes of auditing
				  a course.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter F - REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION › Section 535.68 - Content Requirements for Easement or Right-of-Way Qualifying Course

Current through Reg. 49, No. 28; July 12, 2024
To be approved by the Commission, the easement or
					 right-of-way mandatory qualifying course must contain the topics required by
					 § 1101.509(b), Texas Occupations Code, and the units outlined in the
					 ERW_QE-0, Qualifying Easement or Right-of-Way Course Approval (ERW--QE-0) Form,
					 hereby adopted by reference.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.70 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter G of
					 this chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Broker
				  Responsibility Course--The course required by §1101.458 of the
				  Act.
(2) CE--Continuing
				  education.
(3) CE instructor--A
				  person chosen by a provider to teach continuing education courses.
(4) CE provider--Any person approved by the
				  Commission; or specifically exempt by the Act, Chapter 1102, Texas Occupation
				  Code, or Commission rule; that offers a course for which continuing education
				  credit may be granted by the Commission to a license holder or
				  applicant.
(5) Classroom
				  delivery--A method of course delivery where the instructor and students
				  interact face to face and in real time, in either the same physical location,
				  or through the use of technology.
(6) Distance education delivery--A method of
				  course delivery other than classroom delivery, including online and
				  correspondence delivery.
(7)
				  Combination delivery--A combination of classroom and distance education where
				  at least 50% of the course is offered through classroom delivery.
(8) Elective CE course--A continuing
				  education course, other than a Non-elective CE course, approved by the
				  Commission as acceptable to fulfil the continuing education hours needed to
				  renew a license.
(9) Non-elective
				  CE course--A continuing education course, for which the subject matter of the
				  course is specifically mandated by the Act, Chapter 1102, or Commission rule,
				  that a license holder is required to take prior to renewal of a
				  license.
(10) Legal Update
				  Courses--Required courses created for and approved by the Texas Real Estate
				  Commission to satisfy the eight hours of continuing education required by
				  §1101.455 of the Act.
(11)
				  Person--Any individual, partnership, corporation, or other legal entity,
				  including a state agency or governmental subdivision.
(12) Proctor--A person who monitors a final
				  examination for a course offered by a provider under the guidelines contained
				  in this section. A proctor may be a course instructor, the provider, an
				  employee of a college or university testing center, a librarian, or other
				  person approved by the Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.71 - Approval of CE Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				  approval.
(1) A person desiring to be approved
				  by the Commission to offer real estate, easement or right-of-way, or real
				  estate inspection continuing education courses shall:
(A) file an application on the appropriate
				  form approved by the Commission, with all required documentation;
(B) submit the required fee under §
												535.101 of this chapter (relating
				  to Fees) or §
												535.210 of this chapter (relating
				  to Fees) ; and
(C) maintain a fixed
				  office in the state of Texas or designate a resident of this state as
				  attorney-in-fact to accept service of process and act as custodian of any
				  records in Texas which the continuing education provider is required to
				  maintain by this subchapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.72 - Approval of Non-elective Continuing Education Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) The non-elective continuing
				  education courses must be conducted as prescribed by the rules in this
				  subchapter.
(2) Elective continuing
				  education courses are approved and regulated under §
											535.73 of this subchapter
				  (relating to Approval of Elective Continuing Education Courses).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.73 - Approval of Elective Continuing Education Courses

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements.
(1) This subsection applies to continuing
				  education providers seeking to offer an elective CE course approved by the
				  Commission.
(2) Non-elective CE
				  courses are approved and regulated under §
											535.72
				  of this subchapter (related to Approval of Non-elective Continuing Education
				  Courses).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.74 - Qualifications for Continuing Education Instructors

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider must
				  ensure that an instructor who teaches continuing education courses is competent
				  in the subject matter to be taught and has the ability to teach
				  effectively.
(b) The provider must
				  use an instructor who possesses the following additional qualifications to
				  teach real estate non-elective CE courses:
(1)
				  meet the criteria to teach qualifying courses under §
											535.63 of this chapter (relating
				  to Qualifications for Instructors of Qualifying Courses);
(2) successfully complete an instructor
				  training program authorized by the Commission for the version of the
				  non-elective CE course to be taught; and
(3) receive a passing grade of at least 80%
				  on the non-elective CE course final examination promulgated by the
				  Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.75 - Responsibilities and Operations of Continuing Education Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by this section, CE providers must comply with the responsibilities
				  and operations requirements of §
										535.65 of this chapter (relating
				  to Responsibilities and Operations of Providers of Qualifying
				  Courses).
(b) Use of Qualified
				  Instructor.
(1) Except as provided by this
				  subsection, a CE provider must use an instructor that:
(A) is currently qualified under §
												535.74 of this subchapter
				  (relating to Qualifications for Continuing Education Instructors);
				  and
(B) has expertise in the
				  subject area of instruction and ability as an instructor;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter G - REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS › Section 535.77 - CE Providers: Compliance and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
Compliance and enforcement of CE Providers is governed by
					 §
										535.67
					 of this title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter H - RECOVERY FUND › Section 535.82 - Proration of Payments from the Real Estate Recovery Trust Account

Current through Reg. 49, No. 28; July 12, 2024
In the event of multiple valid pending claims against a
					 license holder in excess of the limitations in §1101.610 of the Act, the
					 claims shall be prorated as follows:
(1) Actual damages shall be allocated first.
				  If the total of the eligible actual damages of all claims exceeds the maximum
				  that may be paid from the Real Estate Recovery Trust Account, the actual
				  damages shall be prorated, and no interest, attorney fees, or court costs shall
				  be paid.
(2) If, after allocating
				  the actual damages as provided by paragraph (1) of this section, the
				  limitations in §1101.610 of the Act are not reached, interest on actual
				  damages (pre-judgment and post-judgment) shall be allocated second. If the
				  total of the interest on eligible actual damages of all claims exceeds the
				  amount remaining to be paid from the Real Estate Recovery Trust Account, the
				  interest on eligible actual damages shall be prorated, and no other interest,
				  attorney fees, or court costs shall be paid.
(3) If, after allocating the actual damages
				  and interest thereon as provided by paragraphs (1) and (2) of this section, the
				  limitations in §1101.610 of the Act are not reached, other interest,
				  attorney fees, and court costs shall be allocated third. If the total of the
				  other interest, attorney fees, and court costs of all claims exceeds the amount
				  remaining to be paid from the Real Estate Recovery Trust Account, the other
				  interest, attorney fees, and court costs shall be prorated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter H - RECOVERY FUND › Section 535.83 - Association of Designated Broker on Claim

Current through Reg. 49, No. 28; July 12, 2024
For purposes of §1101.6011 and §1101.610(e) of
					 the Act, the designated broker associated with the claim against a business
					 entity is the broker who was the designated broker at the time of the act that
					 is the subject of the underlying judgment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter I - LICENSE RENEWAL › Section 535.91 - Renewal of a Real Estate License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal
				  application.
(1) A real estate license
				  expires on the date shown on the face of the license issued to the license
				  holder.
(2) If a license holder
				  intends to renew an unexpired license, the license holder must, on or before
				  the expiration date of the current license:
(A) file a renewal application through the
				  online process on the Commission's website or on the applicable form approved
				  by the Commission;
(B) submit the
				  appropriate fee required by §
												535.101 of this chapter (relating
				  to Fees);
(C) comply with the
				  fingerprinting requirements under the Act; and
(D) except as provided for in subsections (g)
				  and (h) of this section, satisfy the continuing education requirements
				  applicable to that license.
(3) The Commission may request additional
				  information be provided to the Commission in connection with a renewal
				  application.
(4) A license holder
				  is required to provide information requested by the Commission not later than
				  the 30th day after the date the Commission requests the information. Failure to
				  provide information is grounds for disciplinary action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter I - LICENSE RENEWAL › Section 535.92 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  continuing education. 18 hours of continuing education are required for each
				  renewal of a real estate sales agent or broker license and must include:
(1) a four hour Legal Update I: Laws, Rules
				  and Forms course;
(2) a four hour
				  Legal Update II: Agency, Ethics and Hot Topics course;
(3) three hours on the subject of real estate
				  contracts from one or more Commission approved courses; and
(4) a six hour broker responsibility course,
				  if the license holder:
(A) sponsors one or
				  more sales agent at any time during the current license period;
(B) is a designated broker of a business
				  entity that sponsors one or more sales agent at any time during the designated
				  broker's current license period; or
(C) is a delegated supervisor under §
												535.2(e) of this
				  chapter (relating to Broker Responsibility).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter L - INACTIVE LICENSE STATUS › Section 535.120 - Prohibited Activity While on Inactive License Status

Current through Reg. 49, No. 28; July 12, 2024
A license holder may not engage in real estate brokerage
					 activity while on inactive status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter L - INACTIVE LICENSE STATUS › Section 535.121 - Inactive Sales Agent License

Current through Reg. 49, No. 28; July 12, 2024
(a) The license of
				  a sales agent immediately becomes inactive upon:
(1) the death of the sales agent's sponsoring
				  broker;
(2) the expiration,
				  suspension, revocation or inactivation of the license of the sponsoring
				  broker;
(3) if the sponsoring
				  broker is a business entity, the dissolution of the entity or the forfeiture of
				  its charter;
(4) if the sponsoring
				  broker is a business entity, the expiration, suspension, revocation, or
				  inactivation of the license of the designated broker of the entity, or the
				  death of the designated broker;
(5)
				  termination of sponsorship by the sales agent or sponsoring broker;
(6) failure to timely complete continuing
				  education required under the Act and this chapter; or
(7) receipt by the Commission of an
				  application for inactive status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter L - INACTIVE LICENSE STATUS › Section 535.122 - Reactivation of Sales Agent License

Current through Reg. 49, No. 28; July 12, 2024
In order to reactivate a license on inactive status, the
					 license holder must:
(1) provide the
				  Commission with documentation that the license holder has satisfied all
				  continuing education requirements under the Act and this chapter;
(2) certify, on a form acceptable to the
				  Commission, that the license holder has not engaged in activity requiring a
				  license at any time after the license became inactive;
(3) establish a sponsorship relationship with
				  a broker:
(A) through the online process
				  approved by the Commission; or
(B)
				  following receipt by the Commission of the applicable sales agent sponsorship
				  form signed by the sales agent and the sponsoring broker; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter L - INACTIVE LICENSE STATUS › Section 535.123 - Inactive Broker Status

Current through Reg. 49, No. 28; July 12, 2024
(a) The license of
				  an individual broker immediately becomes inactive when:
(1) the Commission receives an application
				  for inactive status from the broker; or
(2) the broker is placed on inactive status
				  by the Commission for failure to comply with a requirement of the Act or this
				  chapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter M - NONRESIDENTS › Section 535.131 - Unlawful Conduct; Splitting Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A broker licensed in Texas may cooperate
				  with a foreign broker and share earned commissions with a foreign
				  broker.
(b) Only Texas license
				  holders may handle negotiations physically conducted within Texas.
(c) A resident of a foreign country or
				  territory that does not require a person to be licensed to act as a real estate
				  broker is considered to be licensed as a foreign broker for the purposes of
				  §1101.651 of the Act, if the person practices as a real estate broker in
				  compliance with the law of the foreign country or territory.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter M - NONRESIDENTS › Section 535.132 - Eligibility for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  licensed as a broker who subsequently moves to a state other than Texas is not
				  required to maintain an office in Texas.
(b) To be eligible to receive a license and
				  maintain an active license, a business entity created or chartered in a state
				  other than Texas must designate a person to act for it who meets the
				  requirements of §1101.355 of the Act, although the designated broker is
				  not required to be a resident of Texas. Foreign business entities must also be
				  permitted to engage in business in Texas to receive a Texas real estate broker
				  license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter M - NONRESIDENTS › Section 535.133 - Consent To Be Sued; Exception to Requirements

Current through Reg. 49, No. 28; July 12, 2024
A broker or sales agent who resides in or moves to a state
					 other than Texas must file a consent to service of legal process with the
					 Commission. A consent to service is not required when the broker's or sales
					 agent's place of business is in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.141 - Initiation of Investigation; Order Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A complaint
				  which names a licensed real estate sales agent as the subject of the complaint
				  but does not specifically name the sales agent's sponsoring broker, is a
				  complaint against the broker sponsoring the sales agent at the time of any
				  alleged violation for the limited purposes of determining the broker's
				  involvement in any alleged violation and whether the broker fulfilled the
				  broker's professional responsibilities provided the complaint concerns the
				  conduct of the sales agent as an agent for the broker.
(b) The designated broker is responsible for
				  all real estate brokerage activities performed by, on behalf of, or through a
				  business entity. A complaint which names a business entity licensed as a broker
				  as the subject of the complaint but which does not specifically name the
				  designated broker is a complaint against the designated broker at the time of
				  any alleged violation for the limited purposes of determining the designated
				  broker's involvement in any alleged violation and whether the designated broker
				  fulfilled the designated broker's professional responsibilities. A complaint
				  which names a sales agent sponsored by a licensed business entity but which
				  does not specifically name the designated broker of the business entity is a
				  complaint against the designated broker at the time of any alleged violation by
				  the sales agent for the limited purposes of determining the designated broker's
				  involvement in any alleged violation and whether the designated broker
				  fulfilled the designated broker's professional responsibilities provided the
				  complaint concerns the conduct of the sales agent as an agent of the business
				  entity.
(c) Using the criteria
				  specified by §1101.204 of the Act, the Commission prioritizes and
				  investigates complaints received by the Commission as follows:
(1) Level 1.
(A) Fraud or misrepresentation that involves
				  loss of $10,000 or more.
(B)
				  Continuing threat to public welfare.
(C) Unlicensed activity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.142 - Consumer Complaint Processing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Not later than the 7th day after receipt of a signed, written complaint,
				  Commission staff shall:
(1) assign the
				  complaint a case number in the complaint tracking system; and
(2) send written acknowledgement of receipt
				  to the complainant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.143 - Fraudulent Procurement of License

Current through Reg. 49, No. 28; July 12, 2024
A violation of, §1101.652(a)(2) of the Act occurs if
					 an applicant, including a designated broker for any business entity eligible
					 for licensure under this chapter, omits material information or makes material
					 misstatements, written or oral, in connection with the filing of an application
					 or renewal application to obtain licensure. This does not include an
					 unintentional mistake of fact the determination of which is within the
					 discretion of the Commission and subject to judicial review.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.144 - When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  §1101.652(a-1)(1) of the Act "license holder" includes a license holder
				  acting on behalf of:
(1) the license holder's
				  spouse, parent or child;
(2) a
				  business entity in which the license holder is more than a 10% owner;
				  or
(3) a trust for which the
				  license holder acts as trustee or of which the license holder or the license
				  holder's spouse, parent or child is a beneficiary.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.145 - False Promise

Current through Reg. 49, No. 28; July 12, 2024
For purposes of §1101.652(b)(5) of the Act "false
					 promise" includes both oral and written promises. The fact that a written
					 agreement between the parties to a real estate transaction does not recite a
					 promise made by a real estate license holder to one of the parties or that a
					 person did not detrimentally rely on the false promise will not prevent the
					 Commission from determining that a false promise was made. In determining
					 whether this section has been violated, neither a written contractual provision
					 disclaiming oral representations nor the Texas Rules of Evidence Rule 1004, the
					 parol evidence rule, shall prevent the Commission from considering oral
					 promises made by a license holder.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.146 - Maintaining Trust Money

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. In this section:
(1) "Trust
				  money" means client's money, earnest money, rent, unearned fees, security
				  deposits, or any money held on behalf of another person.
(2) "Trust account" means an account managed
				  by one party for the benefit of another in a banking institution authorized to
				  do business in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.147 - Splitting Fee with Unlicensed Person

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided by the Act
				  or Commission rules, a broker or sales agent may not share a commission or fees
				  with any person who engages in acts for which a license is required and is not
				  actively licensed as a broker or sales agent.
(b) An unlicensed person may share in the
				  income earned by a business entity licensed as a broker or exempted from the
				  licensing requirements under the Act if the person engages in no acts for which
				  a license is required and does not lead the public to believe that the person
				  is in the real estate brokerage business.
(c) A broker or sales agent may not share a
				  commission or fees with an unlicensed business entity created by a license
				  holder for the purpose of collecting a commission or fees on behalf of the
				  license holder, unless the entity is exempted from the requirements of
				  licensure as provided by §
										535.5 of this chapter (relating to
				  License Not Required) and §1101.355(d) of the Act.
(d) A license holder may rebate or pay a
				  portion of the license holder's fee or commission to a party in the transaction
				  when the sales agent has the written consent of the sales agent's sponsoring
				  broker and the party represented by the license holder. A commission or fee may
				  not be paid to any party to the transaction in a manner that misleads a broker,
				  lender, title company, or governmental agency regarding the real estate
				  transaction or the financial resources or obligations of the buyer. A license
				  holder who intends to pay a portion of the license holder's fee or commission
				  to a party the license holder does not represent must obtain the written
				  consent of the party represented by the license holder before making the
				  payment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.148 - Receiving an Undisclosed Commission or Rebate

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  holder may not receive a commission, rebate, or fee in a transaction from a
				  person other than the person the license holder represents without first
				  disclosing to the license holder's client that the license holder intends to
				  receive the commission, rebate, or fee, and obtaining the consent of the
				  license holder's client.
(b) If a
				  party the license holder does not represent agrees to pay a service provider in
				  the transaction, the license holder must also obtain the consent of that party
				  to accept a fee, commission, or rebate from the service provider. As used in
				  this section, the term "service provider" does not include a person acting in
				  the capacity of a real estate broker or sales agent.
(c) A license holder may not enter into a
				  contract or agreement with a service provider to a real estate transaction in
				  which the license holder represents one or both of the parties if, pursuant to
				  the contract or agreement:
(1) the license
				  holder provides services for or on behalf of the service provider;
				  and
(2) the contract or agreement
				  prohibits the license holder from offering similar services for or on behalf of
				  a competing service provider.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.149 - Lottery or Deceptive Trade Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of §
				  1101.652(b)(14) of the Act, the elements of a "lottery" are the award or
				  distribution of a prize or prizes by chance and the payment of consideration
				  for the opportunity to win the prize.
(b) The giving of gifts as an inducement for
				  prospective clients does not violate this section or §1101.652(b)(14) of
				  the Act, but license holders when procuring prospects must otherwise comply
				  with the provisions of §
										535.20
				  of this title.
(c) "Deceptive
				  practices" include, but are not limited to the acts described in the Texas
				  Business and Commerce Code §
										17.46,
				  done in a manner defined in that section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.153 - Violating an Exclusive Agency

Current through Reg. 49, No. 28; July 12, 2024
Although a license holder, including one acting as agent
					 for a prospective buyer or prospective tenant, may not attempt to negotiate a
					 sale, exchange, lease, or rental of property under exclusive listing with
					 another broker, the Act does not prohibit a license holder from soliciting a
					 listing from the owner while the owner's property is subject to an exclusive
					 listing with another broker.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.154 - Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. For the purposes of this section:
(1) "Advertisement" has the meaning assigned
				  by §535.155.
(2) "Alternate
				  name" (commonly known as an alias) means a name used by an individual license
				  holder other than the name shown on the license issued by the Commission, such
				  as a middle name, maiden name, or nickname. It does not include a common
				  derivative of a name, such as Kim for Kimberly or Bill for William, which is
				  considered the same as the name shown on the license.
(3) "Associated broker" means a broker who
				  associates with and gets paid through another broker under a relationship that
				  is intended to be a continuous relationship, including but not limited to, an
				  employment or ongoing independent contractor relationship.
(4) "Assumed business name" (commonly known
				  as a DBA or trade name) means any name used in business by a broker that meets
				  the requirements of subsection (d), other than the name shown on the broker's
				  license issued by the Commission, a team name, or an alternate name.
(5) "Team name" means a name used by a group
				  of one or more license holders sponsored by or associated with the same broker
				  that performs real estate activities under an exclusive collective name other
				  than the broker's licensed name or assumed business name.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.155 - Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  advertisement must include the following in a readily noticeable location in
				  the advertisement:
(1) the name of the
				  license holder or team placing the advertisement; and
(2) the broker's name in at least half the
				  size of the largest contact information for any sales agent, associated broker,
				  or team name contained in the advertisement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.156 - Dishonesty; Bad Faith; Untrustworthiness

Current through Reg. 49, No. 28; July 12, 2024
(a) A license holder's relationship with the
				  license holder's principal is that of a fiduciary. A license holder shall
				  convey to the principal all known information which would affect the
				  principal's decision on whether or not to make, accept or reject offers;
				  however, if the principal has agreed in writing that offers are not to be
				  submitted after the principal has entered into a contract to buy, sell, rent,
				  or lease a property, the license holder shall have no duty to submit offers to
				  the principal after the principal has accepted an offer.
(b) The license holder must put the interest
				  of the license holder's principal above the license holder's own interest. A
				  must deal honestly and fairly with all parties; however, the license holder
				  represents only the principal and owes a duty of fidelity to such
				  principal.
(c) A license holder has
				  an affirmative duty to keep the principal informed at all times of significant
				  information applicable to the transaction or transactions in which the license
				  holder is acting as agent for the principal.
(d) A license holder has a duty to convey
				  accurate information to members of the public with whom the license holder
				  deals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter N - SUSPENSION AND REVOCATION OF LICENSURE › Section 535.157 - Obligation to Respond Timely

Current through Reg. 49, No. 28; July 12, 2024
A broker or sales agent must respond to his or her
					 principal, a broker or sales agent representing another party to a real estate
					 transaction, or an unrepresented party to a real estate transaction within two
					 calendar days.