reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.30 - Staff Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  staff, who have received a minimum of 40 hours of formal mediation training,
				  may mediate a resolution of a complaint between the Commission, a respondent,
				  and a complainant upon agreement of all parties.
(b) After receipt of a complaint that meets
				  the requirements to be investigated under Texas Occupations Code, §
										1101.204(b),
				  Commission staff may refer a complaint for mediation to a Commission staff
				  mediator.
(c) Mediation under this
				  section is voluntary.
(d) If an
				  agreed resolution between the Commission, a respondent, and a complainant
				  cannot be reached, the Commission staff mediator will not have any further
				  involvement with the continued investigation or resolution of the
				  complaint.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.32 - Appointment of Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  matter referred for ADR procedures, the ADR administrator shall mediate or
				  assign another Commission mediator unless the parties agree upon the use of
				  another agency's mediator or private mediator. The ADR administrator may assign
				  a substitute or additional mediator to a proceeding as the ADR administrator
				  deems necessary.
(b) A private
				  mediator may be hired for Commission ADR procedures provided that:
(1) the parties unanimously agree to use a
				  private mediator;
(2) the parties
				  unanimously agree to the selection of the person to serve as the mediator;
				  and
(3) the mediator agrees to be
				  subject to the direction of the Commission's ADR administrator and to all time
				  limits imposed by the administrator, statute, or regulation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.33 - Outside Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  discretion of the Director of Enforcement and with the consent of all parties,
				  mediation with an outside mediator may be scheduled between the Commission and
				  a respondent or applicant when the Commission anticipates initiation of an
				  adverse action against a respondent or applicant or any time after
				  initiation.
(b) SOAH mediators,
				  employees of other agencies who are mediators, and private pro bono mediators
				  may be assigned to contested matters as needed. Each such mediator shall:
(1) have received at least 40 hours of Texas
				  mediation training; and
(2) have
				  some expertise in the area of the contested matter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.35 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
When the ADR procedures do not result in the full
					 settlement of a matter, the parties in conjunction with the mediator, if
					 applicable, may limit the contested issues through the entry of written
					 stipulations. Such stipulations shall be forwarded or formally presented to the
					 administrative law judge assigned to conduct the contested case hearing on the
					 merits and shall be made part of the hearing record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.36 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
All agreements between or among parties that are reached as
					 a result of ADR must be committed to writing, signed by respondents or
					 applicants and a Commission staff attorney, and submitted to the Commission or
					 Executive Director for approval. Once signed by the Commission or Executive
					 Director, the agreement will have the same force and effect as a written
					 contract.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.37 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsections (c) and (d) of this section, a communication relating
				  to the subject matter made by a participant in an ADR procedure, whether before
				  or after the institution of formal ADR proceedings, is confidential, is not
				  subject to disclosure, and may not be used as evidence in any further
				  proceeding.
(b) Any notes or record
				  made of an ADR procedure are confidential, and participants, including the
				  mediator, may not be required to testify in any proceedings relating to or
				  arising out of the matter in dispute or be subject to process requiring
				  disclosure of confidential information or data relating to or arising out of
				  the matter in dispute.
(c) An oral
				  communication or written material used in or made a part of an ADR procedure is
				  admissible or discoverable only if it is admissible or discoverable independent
				  of the procedure.
(d) If this
				  section conflicts with other legal requirements for disclosure of
				  communications or materials, the issue of confidentiality may be presented to
				  the judge to determine, in camera, whether the facts, circumstances, and
				  context of the communications or materials sought to be disclosed warrant a
				  protective order or whether the communications or materials are subject to
				  disclosure.
(e) All communications
				  in the mediation between parties and between each party and the mediator are
				  confidential. No shared information will be given to the other party unless the
				  party sharing the information explicitly gives the mediator permission to do
				  so. Material provided to the mediator will not be provided to other parties and
				  will not be filed or become part of the contested case record. All notes taken
				  during the mediation conference will be destroyed at the end of the
				  process.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter D - NEGOTIATED RULEMAKING › Section 533.40 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  Commission's policy to employ negotiated rulemaking procedures when
				  appropriate. When the Commission is of the opinion that proposed rules are
				  likely to be complex, or controversial, or to affect disparate groups,
				  negotiated rulemaking will be considered.
(b) When negotiated rulemaking is to be
				  considered, the Commission will appoint a convener to assist it in determining
				  whether it is advisable to proceed. The convener shall have the duties
				  described by Texas Government Code, §
										2008.052,
				  and shall make a recommendation to the Executive Director to proceed or to
				  defer negotiated rulemaking. The recommendation shall be made after the
				  convener, at a minimum, has considered all of the items enumerated in Texas
				  Government Code, §
										2008.052(c).
(c) Upon the convener's recommendation to
				  proceed, the Commission shall initiate negotiated rulemaking according to the
				  provisions of Texas Government Code, Chapter 2008.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter E - PETITION FOR ADOPTION OF RULES › Section 533.50 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any interested person, as defined by
				  §
										2001.021,
				  Government Code, may request a rule be adopted, amended, or repealed by
				  submitting a written petition to the Commission.
(b) The written petition must include:
(1) the person's full name, mailing address,
				  telephone number, and email address;
(2) a brief summary of the proposed action
				  and its desired effect;
(3) a
				  justification for the proposed action set out in narrative form with sufficient
				  particularity to inform the Commission the reasons and arguments on which the
				  person is relying;
(4) if proposing
				  a new rule, the text of the new rule in the exact form that is desired to be
				  adopted; and
(5) if proposing an
				  amendment or repeal, the specific section and text of the rule the person wants
				  to change, with deletions crossed through and additions underlined.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Agency--The Texas Real
				Estate Commission and the Texas Appraiser Licensing and Certification
				Board.
(2) Board--The Texas
				Appraiser Licensing and Certification Board.
(3) Chief Financial Officer--The Chief
				Financial Officer of the Texas Real Estate Commission.
(4) Commission--The Texas Real Estate
				Commission.
(5) Comptroller--The
				Comptroller of Public Accounts.
(6)
				DIR--The Department of Information Resources.
(7) Executive Director--The Executive
				Director of the Texas Real Estate Commission.
(8) TAC--The Texas Administrative
				Code.
(9) TFC--The Texas Facilities
				Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.2 - Charges for Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Any charges associated with copies of
				public information provided by the Commission shall be based upon the current
				charges established by the Office of the Attorney General.
(b) If the actual costs of providing copies
				exceed the charges established by the Office of the Attorney General, the
				Commission shall charge its actual costs, if approved by the Office of the
				Attorney General.
(c) The
				Commission may furnish copies of public information without charge, or at a
				reduced charge, if the Commission determines that waiver or reduction of the
				charge is in the public interest. The Commission also may waive the charge if
				the cost of processing the collection of a charge exceeds the amount of the
				charge.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.3 - Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may provide training and
				education for its employees in accordance with Subchapter C, Chapter 656, Texas
				Government Code.
(b) The Commission
				may spend public funds as appropriate to pay the costs associated with employee
				training, including, but not limited to, salary, tuition and other fees,
				travel, and living expenses, training stipend, expense of training materials,
				and other necessary expenses of an instructor, student, or other participant in
				a training or education program.
(c) The Executive Director shall adopt
				policies related to training for Commission employees, including eligibility
				and obligations assumed upon completion.
(d) Before an employee may receive
				reimbursement of tuition expenses for successful completion of a training or
				education program offered by an accredited institution of higher education, the
				Executive Director must pre-approve the program and authorize the tuition
				reimbursement payment.
(e) Approval
				to participate in any portion of the Commission's training and education
				program does not affect an employee's at-will status.
(f) Participation in the training and
				education program does not constitute a guarantee or indication of continued
				employment, nor does it constitute a guarantee or indication of future
				employment in a current or prospective position.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.4 - Historically Underutilized Businesses Program

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code §
									2161.003, the
				  Commission adopts by reference the rules of the Comptroller of Public Accounts
				  in 34 TAC Part 1, Chapter 20, Subchapter D (relating to the Historically
				  Underutilized Business Program).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.5 - Bid Opening and Tabulation

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code, §
									2156.005(d),
				  the Commission adopts by reference the rules of the Texas Comptroller of Public
				  Accounts in 34 TAC §
									20.207(relating
				  to Competitive Sealed Bidding).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.6 - Negotiation and Mediation of Certain Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
To comply with Texas Government Code, § 2260.052(c), the
				  Commission adopts by reference the rules of the Office of the Attorney General
				  in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain
				  Contract Disputes). The rules set forth a process to permit parties to
				  structure a negotiation or mediation in a manner that is most appropriate for a
				  particular dispute regardless of the contract's complexity, subject matter,
				  dollar amount, or method and time of performance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 534 - GENERAL ADMINISTRATION › Section 534.7 - Vendor Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The purpose of this section is to provide a procedure for vendors to protest
				purchases made by the Commission and the Board. Protests of purchases made by
				the TFC on behalf of the Agency are addressed in 1 TAC Chapter 111, Subchapter
				C (relating to Complaints and Dispute Resolution). Protests of purchases made
				by DIR on behalf of the Agency are addressed in 1 TAC Chapter 201, §201.1
				(relating to Procedures for Vendor Protests and the Negotiation and Mediation
				of Certain Contract Disputes and Bid Submission, Opening and Tabulation
				Procedures). Protests of purchases made by the Statewide Procurement Division
				of the Comptroller on behalf of the Agency are addressed in 34 TAC Chapter 20,
				Subchapter F, Division 3 (relating to Protests and Appeals). The rules of TFC,
				DIR, and the Comptroller are in the Texas Administrative Code, which is on the
				Internet website of the Office of the Secretary of State, Texas Register
				Division at:
www.sos.state.tx.us/tac/index.shtml
.
(b) Any actual or prospective bidder,
				offeror, or contractor who believes they are aggrieved in connection with the
				solicitation, evaluation, or award of a contract may formally protest to the
				Agency. Such protests must be in writing and received in the office of the
				Chief Financial Officer within ten working days after such aggrieved person
				knows, or should have known, of the occurrence of the action which is
				protested. Formal protests must conform to the requirements set forth in
				subsection (c) of this section. Copies of the protest must be mailed or
				delivered by the protesting party to all vendors who have submitted bids or
				proposals for the contract involved.
(c) A formal protest must be sworn and
				contain:
(1) a specific identification of the
				statutory provision(s) that the action complained of is alleged to have
				violated;
(2) a specific
				description of each act alleged to have violated the statutory provision(s)
				identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant
				facts;
(4) an identification of the
				issue or issues to be resolved;
(5)
				argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				have been mailed or delivered to other identifiable interested
				parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter A - DEFINITIONS › Section 535.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and phrases, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) Act--Chapter
				  1101, Texas
				  Occupations Code.
(2) Business
				  entity--A domestic or foreign corporation, limited liability company,
				  partnership or other entity authorized under the Texas Business Organizations
				  Code to engage in real estate brokerage business in Texas and required to be
				  licensed under the Act.
(3) Chapter
				  1102--Chapter
				  1102, Texas
				  Occupations Code.
(4)
				  Commission--The Texas Real Estate Commission.
(5) Compensation--A commission, fee, or other
				  valuable consideration for real estate brokerage services provided by a license
				  holder under the Act.
(6) Executive
				  Director--The Executive Director of the Texas Real Estate Commission.
(7) Foreign broker--A real estate broker
				  licensed in another country, territory, or state other than Texas.
(8) License--Any Commission license,
				  registration, certificate, approval, or similar form of permission required by
				  law.
(9) License holder--A person
				  licensed or registered by the Commission under Chapter
				  1101 or
				  1102, Texas
				  Occupations Code.
(10) Place of
				  business--A place where the license holder meets with clients and customers to
				  transact business.
(11) Trade
				  Association--A nonprofit voluntary member association or organization:
(A) whose membership consists primarily of
				  persons who are licensed as real estate license holders and pay membership dues
				  to the association or organization;
(B) that is governed by a board of directors
				  elected by the members; and
(C)
				  that subscribes to a written code of professional conduct or ethics.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.3 - Compensation to or Paid by a Sales Agent

Current through Reg. 49, No. 28; July 12, 2024
A sales agent may not receive a commission or other
					 valuable consideration except with the written consent of the sales agent's
					 sponsoring broker or the broker who sponsored the sales agent when the sales
					 agent became entitled to the commission or other valuable consideration. A
					 sales agent may not pay a commission or other valuable consideration to another
					 person except with the written consent of the sales agent's sponsoring
					 broker.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.4 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Act applies to any person acting as a real estate broker or sales agent
				  while physically within Texas, regardless of the location of the real estate
				  involved or the residence of the person's customers or clients. For the
				  purposes of the Act, a person conducting brokerage business from another state
				  by mail, telephone, the Internet, email, or other medium is acting within Texas
				  if the real property concerned is located wholly or partly in Texas.
(b) This section does not prohibit
				  cooperative arrangements between foreign brokers and Texas brokers pursuant to
				  §1101.651(a)(2) of the Act and §
										535.131 of this chapter (relating
				  to Unlawful Conduct; Splitting Fees).
(c) Unless otherwise exempted by the Act, a
				  person must be licensed as a broker or sales agent to show a property. For
				  purposes of this section, to "show" a property includes causing or permitting
				  the property to be viewed by a prospective buyer or tenant, unlocking or
				  providing access onto or into a property for a prospective buyer or tenant, and
				  hosting an open house at the property.
(d) A license holder may permit a prospective
				  tenant unescorted access to view a property available for rent or lease only
				  if:
(1) the property is vacant, meaning no
				  person lives at, and no personal property except property intended to remain or
				  convey is stored at, the property;
(2) the license holder employs a method to
				  control access and verify the identity of the prospective tenant; and
(3) the property owner has signed a written
				  consent that sets out in bold print in at least 12-point font that:
(A) the property owner is aware that
				  unescorted access may occur; and
(B) specifies whether the broker enabling
				  unescorted access or the property owner will be responsible for any damage that
				  results from such unescorted access.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.5 - License Not Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Acting as a principal, a person may purchase, sell, lease, or sublease real
				  estate for profit without being licensed as a broker or sales agent.
(b) A person who owns property jointly may
				  sell and convey title to his or her interest in the property, but to act for
				  compensation or with the expectation of compensation as an agent for the other
				  owner, the person must be licensed unless otherwise exempted by the
				  Act.
(c) A real estate license is
				  not required for an individual employed by a business entity for the purpose of
				  buying, selling, or leasing real property for the entity. An entity is
				  considered to be an owner if it holds record title to the property or has an
				  equitable title or right acquired by contract with the record title holder. An
				  individual employed by a business entity means a person employed and directly
				  compensated by the business entity. An independent contractor is not an
				  employee.
(d) Trade associations or
				  other organizations that provide an electronic listing service for their
				  members, but do not receive compensation when the real estate is sold, are not
				  required to be licensed under the Act.
(e) Auctioneers are not required to be
				  licensed under the Act when auctioning real property for sale. However, a
				  licensed auctioneer may not show the real property, prepare offers, or
				  negotiate contracts unless the auctioneer is also licensed under the
				  Act.
(f) An answering service or
				  clerical or administrative employees identified to callers as such to confirm
				  information concerning the size, price, and terms of property advertised are
				  not required to be licensed under the Act.
(g) A business entity which receives
				  compensation on behalf of a license holder that is earned by the license holder
				  while engaged in real estate brokerage is not required to be licensed by the
				  Commission if the business entity:
(1)
				  performs no other acts of a broker;
(2) is:
(A)
				  a limited liability company as defined by §
												101.001,
				  Business Organizations Code; or
(B)
				  an S corporation as defined by
				  26 U.S.C. Section
				  1361;
(3) is at least 51 percent owned by the
				  license holder on whose behalf the business entity receives compensation;
				  and
(4) is registered with the
				  Commission as provided by §
											535.35 of this chapter (relating
				  to Registration of Certain Business Entities).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.6 - Equitable Interests in Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may acquire an option or enter
				  into a contract to purchase real property and then sell or offer to sell the
				  option or assign or offer to assign the interest in the contract without having
				  a real estate license if the person:
(1) does
				  not use the option or contract to purchase to engage in real estate brokerage;
				  and
(2) discloses in writing the
				  nature of the equitable interest to any seller or potential
				  buyer.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.16 - Listings; Net Listings

Current through Reg. 49, No. 28; July 12, 2024
(a) A broker is
				  obligated under a listing contract to negotiate the best possible transaction
				  for the principal, the broker has agreed to represent.
(b) A "net listing" is a listing agreement in
				  which the broker's commission is the difference ("net") between the sales
				  proceeds and an amount desired by the owner of the real property. A broker may
				  not take net listings unless the principal requires a net listing and the
				  principal appears to be familiar with current market values of real property.
				  The use of a net listing places an upper limit on the principal's expectancy
				  and places the broker's interest above the principal's interest with reference
				  to obtaining the best possible price. If a net listing is used, the listing
				  agreement must assure the principal of not less than the principal's desired
				  price and limit the broker to a specified maximum commission.
(c) A real estate license holder is obligated
				  to provide a broker price opinion or comparative market analysis on a property
				  when negotiating a listing or offering to purchase the property for the license
				  holder's own account as a result of contact made while acting as a real estate
				  agent.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.17 - Broker Price Opinion, Comparative Market Analysis, or Sales Price Estimate

Current through Reg. 49, No. 28; July 12, 2024
(a) A real
				  estate license holder may not perform an appraisal of, or provide an opinion of
				  value for, real property unless the license holder is licensed or certified
				  under Texas Occupations Code, Chapter 1103.
(b) If a real estate license holder provides
				  a broker price opinion, comparative market analysis, or estimated worth or sale
				  price under the Act, the license holder shall also provide the person for whom
				  the opinion, analysis, or estimate is prepared with a written statement
				  containing the following language: "This represents an estimated sale price for
				  this property. It is not the same as the opinion of value in an appraisal
				  developed by a licensed appraiser under the Uniform Standards of Professional
				  Appraisal Practice."
(c) The
				  statement required by subsection (b) of this section must be made part of any
				  written opinion, analysis, or estimate of worth or sale price and must be
				  reproduced verbatim in at least 12-point font.
(d) A sales agent may prepare, sign, and
				  present a broker price opinion, comparative market analysis, or estimate of
				  worth or sale price for the sales agent's sponsoring broker, but the sales
				  agent must submit the broker price opinion, comparative market analysis, or
				  estimate of worth or sale price in the broker's name and the broker is
				  responsible for it.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.20 - Referrals from Unlicensed Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) Referring a
				  prospective buyer, seller, landlord, or tenant to another person in connection
				  with a proposed real estate transaction is an act requiring the person making
				  the referral to be licensed if the referral is made with the expectation of
				  receiving valuable consideration. For the purposes of this section, the term
				  "valuable consideration" includes but is not limited to:
(1) money;
(2) gifts of merchandise having a retail
				  value greater than $50;
(3) rent
				  bonuses; and
(4)
				  discounts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter B - GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE › Section 535.21 - Mailing Address and Other Contact Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Each license holder shall provide a
				  mailing address, phone number, and email address used for business to the
				  Commission and shall report all subsequent changes not later than the 10th day
				  after the date of a change of any of the listed contact information. If a
				  license holder fails to update the contact information, the last known contact
				  information provided to the Commission is the license holder's contact
				  information.
(b) The Commission
				  shall send a notice or correspondence to an active broker or an inactive
				  license holder to the mailing or email address of the broker or license holder
				  as shown in the Commission's records. The Commission shall send a notice or
				  correspondence to an active sales agent to the mailing or email address of the
				  sales agent's sponsoring broker as shown in the Commission's records.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter C - EXEMPTIONS TO REQUIREMENTS OF LICENSURE › Section 535.31 - Attorneys at Law

Current through Reg. 49, No. 28; July 12, 2024
An attorney licensed and eligible to practice law in Texas
					 is exempt from the requirements of the Act but cannot sponsor real estate sales
					 agents or act as the designated broker for a licensed business entity unless
					 the attorney is also licensed as a real estate broker. This provision does not
					 waive the standards of eligibility and qualification elsewhere established in
					 the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter C - EXEMPTIONS TO REQUIREMENTS OF LICENSURE › Section 535.32 - Attorneys in Fact

Current through Reg. 49, No. 28; July 12, 2024
A person holding a valid power of attorney recorded in the
					 county in which the particular real property is located and which specifically
					 describes the real property may act as a real estate agent for the owner of
					 such property without being licensed as a real estate broker or sales agent,
					 provided the person does not use powers of attorney to engage in more than
					 three real estate transactions per calendar year.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter C - EXEMPTIONS TO REQUIREMENTS OF LICENSURE › Section 535.33 - Public Officials

Current through Reg. 49, No. 28; July 12, 2024
Public officials and employees of governmental or
					 quasi-governmental units are exempt from the requirement of being licensed as a
					 real estate broker or sales agent while performing their official
					 duties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter C - EXEMPTIONS TO REQUIREMENTS OF LICENSURE › Section 535.34 - Sales Agents Employed by an Owner of Land and Structures Erected by the Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of the Act and this title, "sales agent, employed by an owner" means a
				  person employed and directly compensated by an owner. An independent contractor
				  is not an employee.
(b) Withholding
				  income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from
				  wages paid to another person is considered evidence of employment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter C - EXEMPTIONS TO REQUIREMENTS OF LICENSURE › Section 535.35 - Registration of Certain Business Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, an "exempt
				  business entity" means a business entity which is exempt from the requirements
				  of being licensed under §
										535.5(g) of this
				  chapter (relating to License Not Required) and §1101.355(d) of the
				  Act.
(b) Before an exempt business
				  entity may receive compensation on behalf of a license holder, the license
				  holder must:
(1) register the business entity
				  with the Commission on a form approved by the Commission;
(2) pay a $140 fee to the Commission;
				  and
(3) provide supporting
				  documentation satisfactory to the Commission demonstrating the entity meets the
				  requirements for exemption.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.41 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Meetings.
(1) The Commission shall meet in February of
				  each year and at such other times as it deems proper.
(2) Meetings will be held at such places as
				  the Commission deems proper.
(3)
				  Meetings must be called by the chair on the chair's own motion or upon the
				  written request of five members.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.42 - Jurisdiction and Authority

Current through Reg. 49, No. 28; July 12, 2024
The Commission does not:
(1) mediate disputes between or among license
				  holders concerning their working relationships or their entitlement to
				  compensation; or
(2) recommend
				  individual license holder's to the public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.43 - Education Standards Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  establishes an Education Standards Advisory Committee to regularly review and
				  revise curriculum standards, course content requirements and instructor
				  qualifications for qualifying and continuing education courses.
(b) The committee consists of 12 members
				  appointed by the Commission as follows:
(1)
				  Seven members who are license holders and who have been engaged in the practice
				  of real estate for at least five years before the member's appointment and who
				  are actively engaged in that practice;
(2) Four education members who are real
				  estate instructors or owners of real estate schools, accredited by the
				  Commission, that provide qualifying or continuing education;
(3) One member who represents the
				  public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.44 - Commission Seal

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall adopt a seal. The seal may be used
					 only by the Commission in connection with official agency business. Any use by
					 other persons, including persons licensed or registered under the Act or
					 Chapter 1102, is prohibited.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.45 - Certain Uses of Seal, Logo, or Name Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A license holder or provider may not use all or part of the
					 seal, logo, or name of the Commission or another governmental agency in a
					 manner that implies that the person:
(1) is a governmental agency;
(2) is endorsed by the Commission or other
				  agency other than as a license holder or provider; or
(3) holds a special status that the
				  Commission or other agency has not granted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter D - THE COMMISSION › Section 535.46 - Broker Responsibility Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  establishes a Broker Responsibility Advisory Committee to regularly examine
				  issues surrounding broker responsibility within the real estate industry, make
				  recommendations regarding possible legislative changes associated with broker
				  responsibility, and examine Commission rules related to broker
				  responsibility.
(b) The committee
				  consists of 9 members appointed by the Commission who must meet the following
				  requirements:
(1) members must hold an active
				  real estate broker license issued by the Commission; and
(2) members must have been engaged in the
				  practice of brokerage activity for at least five years prior to appointment and
				  be actively engaged in that practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.50 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter E,
					 F, or G of this chapter, shall have the following meanings, unless the context
					 clearly indicates otherwise or a definition from that subchapter supersedes the
					 definition.
(1) Applicant--A person
				  seeking a license, certificate, registration, approval, or permit from the
				  Commission.
(2) Broker
				  Responsibility Course--The course required by §1101.458 of the
				  Act.
(3) Designated broker--An
				  individual holding an active Texas real estate broker license designated by a
				  business entity licensed by the Commission to act on its behalf. The designated
				  broker must be an officer of a corporation, a manager of a limited liability
				  company, or a general partner of a partnership.
(4) Hour--Fifty minutes of actual session
				  time.
(5) Non-elective Courses--The
				  legal update courses required by §1101.455 of the Act and the broker
				  responsibility course required by §1101.458 of the Act.
(6) Related course--A course determined to be
				  acceptable by the Commission to count towards related credit. The Commission
				  will periodically publish lists of acceptable real estate related
				  courses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.51 - General Requirements for a Real Estate License

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
(1) A person who intends to be licensed by
				  the Commission must:
(A) file an application
				  for the license through the online process approved by the Commission or on the
				  form prescribed by the Commission for that purpose; and
(B) submit the required fee under §
												535.101 of this chapter (relating
				  to Fees).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.52 - Fitness Requirements for Individual Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may deny a license to an applicant who fails to satisfy the Commission as to an
				  individual applicant's honesty, trustworthiness, or integrity under the Act,
				  Chapter 1102, and the rules of the Commission.
(b) Conduct that tends to demonstrate that an
				  applicant does not possess the requisite honesty, trustworthiness or integrity
				  includes, but is not limited to:
(1) a plea
				  of guilty or nolo contendere to or a conviction of any offense listed in §
											541.1 of this title (relating to
				  Criminal Offense Guidelines);
(2)
				  failing to successfully or satisfactorily complete any term or condition of
				  parole, supervised release, probation, or community supervision;
(3) providing false or misleading information
				  to the Commission;
(4) disciplinary
				  action taken against, or the surrender or denial of, any professional or
				  occupational license or registration, in this state, any other state, or the
				  federal government;
(5) engaging in
				  activities for which a license or registration is required without having the
				  legal authorization to do so, in this or any other state;
(6) violating any provision of the
				  Act;
(7) violating any provision of
				  the rules of the Commission;
(8)
				  failing to pay a judgment (including any court-ordered costs, fees, penalties,
				  or damages) that is not otherwise discharged in bankruptcy;
(9) failing to provide information or
				  documentation related to fitness requirements not later than the 60th day after
				  the date the Commission sends a written request to an applicant; and
(10) failing to comply with any term of an
				  administrative order issued by this state, any other state, or the federal
				  government, including failure to pay an administrative penalty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.53 - Business Entity; Designated Broker

Current through Reg. 49, No. 28; July 12, 2024
(a) Business
				  Entity.
(1) A business entity must be
				  qualified to transact business in Texas to receive, maintain, or renew a
				  broker's license.
(2) A Franchise
				  Tax Account Status page from the Texas Comptroller of Public Accounts issued
				  within 21 days prior to the date of its license or renewal application
				  constitutes evidence of being qualified to transact business in
				  Texas.
(3) A business entity must
				  notify the Commission not later than the 10th day after the date it receives
				  notice that it is not qualified to transact business in Texas.
(4) A foreign business entity must meet the
				  additional requirements of §
											535.132 of this chapter (relating
				  to Eligibility for Licensure) to be eligible for a broker's license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.54 - Hearing on License Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  will notify an applicant if the application for license is denied. Any hearing
				  on denial of a license will be conducted in accordance with §1101.364 of
				  the Act and Chapter 533 of this title (relating to Practice and
				  Procedure).
(b) If the Commission
				  determines that issuance of a probationary license is appropriate, the order
				  entered by the Commission with regard to the application must set forth the
				  terms and conditions for the probationary license. Terms for a probationary
				  license may include any of the following:
(1)
				  that the probationary license holder comply with the Act and with the rules of
				  the Commission;
(2) that the
				  probationary license holder fully cooperate with the Commission in the
				  investigation of any complaint filed against the license holder;
(3) that the probationary license holder
				  attend a prescribed number of classroom hours in specific areas of study during
				  the probationary period;
(4) that
				  the probationary license holder limit real estate brokerage practice as
				  prescribed in the order;
(5) that
				  the probationary license holder report regularly to the Commission on any
				  matter which is the basis of the probationary license holder;
(6) that the probationary license holder
				  comply with any other terms contained in the order which have been found to be
				  reasonable and appropriate by the Commission after consideration of the
				  circumstances involved in the particular application; or
(7) that the probationary license holder
				  comply with any other terms contained in an order from any other court or
				  administrative agency under which the probationary license holder is
				  bound.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.55 - Education and Sponsorship Requirements for a Sales Agent License

Current through Reg. 49, No. 28; July 12, 2024
(a) Education
				  requirements for an initial sales agent license. An applicant for an initial
				  sales agent license must provide the Commission with satisfactory evidence of
				  completion of 180 hours of qualifying real estate courses as required under the
				  Act as follows:
(1) 60 hours of Principles of
				  Real Estate;
(2) 30 hours of Law of
				  Agency;
(3) 30 hours of Law of
				  Contracts;
(4) 30 hours of
				  Promulgated Contracts Forms; and
(5) 30 hours of Real Estate
				  Finance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter E - REQUIREMENTS FOR LICENSURE › Section 535.56 - Education and Experience Requirements for a Broker License

Current through Reg. 49, No. 28; July 12, 2024
(a) Education
				  requirements.
(1) An applicant for a broker
				  license must provide the Commission with satisfactory evidence of completion
				  of:
(A) 270 hours of qualifying real estate
				  courses as required under §
												535.55 of this subchapter
				  (relating to Education and Sponsorship Requirements for a Sales Agent License),
				  which must include the 30 hour qualifying real estate brokerage course
				  completed not more than two years before the application date; and
(B) an additional 630 classroom hours of
				  related education from one or more of the following categories:
(i) qualifying courses defined under §
													535.64 of this chapter (relating
				  to Content Requirements for Qualifying Real Estate Courses);
(ii) Commission-approved continuing education
				  courses; or
(iii) courses taken for
				  credit from an accredited college or university in any of the following areas:
				  accounting, advertising, architecture, business or management, construction,
				  finance, investments, law, marketing, or real estate.