Title OC, Occupations Code

Sec. 1101.0045. EQUITABLE INTERESTS IN REAL PROPERTY. (a) A person may acquire an option or an interest in a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the contract without holding a license issued under this chapter …

Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does not apply to: (1) an attorney licensed in this state; (2) an attorney-in-fact authorized under a power of attorney to conduct not more than three real estate transactions annually; (3) a public official while engaged in o…

Sec. 1101.0055. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. A service contract that a license holder enters into for services governed by this chapter is not a good or service governed by Chapter 601, Business & Commerce Code. Added by Acts 2003, 78th …

Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter and Chapter 1102 of this code and Chap…

Sec. 1101.051. COMMISSION MEMBERSHIP. (a) The Texas Real Estate Commission consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six members who have been engaged in the brokerage business as licensed brokers as their major o…

Sec. 1101.052. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member of the commission if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the real estate industry; (2) is employe…

Sec. 1101.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession…

Sec. 1101.054. OFFICIAL OATH. Not later than the 15th calendar day after the date of appointment, each appointee must take the constitutional oath of office. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 27, eff…

Sec. 1101.055. TERMS; VACANCY. (a) Commission members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. (b) If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term. Add…

Sec. 1101.056. OFFICERS. (a) The governor shall designate a commission member who is a licensed broker as presiding officer. The presiding officer serves in that capacity at the pleasure of the governor. (b) At a regular meeting in February of each year, the commission shall elec…

Sec. 1101.057. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the commission that a member: (1) does not have at the time of appointment the qualifications required by Section 1101.051(a) or (b) or 1101.052; (2) does not maintain during service on the commission the qua…

Sec. 1101.058. PER DIEM; REIMBURSEMENT. (a) A commission member is entitled to receive: (1) $75 for each day the member performs the member's official duties; and (2) reimbursement for actual and necessary expenses incurred in performing the member's official duties. (b) For purp…

Sec. 1101.059. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this …

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

Sec. 1101.061. EDUCATIONAL PRESENTATIONS. (a) A member of the commission or a commission employee may make a presentation to a group of license holders for which the license holders may receive credit under Section 1101.455. The commission member or employee may not receive compe…

Sec. 1101.101. EXECUTIVE DIRECTOR AND OTHER PERSONNEL. (a) The commission shall appoint an executive director. (b) The commission may designate a subordinate officer as deputy executive director to act for the executive director in the executive director's absence. (c) The commis…

Sec. 1101.102. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission. Added by Acts …

Sec. 1101.103. CODE OF ETHICS; STANDARDS OF CONDUCT. Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1101.104. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter and Chapter 1102; and (2) responsibili…

Sec. 1101.105. CAREER DEVELOPMENT PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career development program. The program must require intra-agency postings of all nonentry level positions concurrentl…

Sec. 1101.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transact…

Sec. 1101.151. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The commission shall: (1) administer this chapter and Chapter 1102; (2) adopt rules and establish standards relating to permissible forms of advertising by a license holder acting as a residential rental locator; (3) mai…

Sec. 1101.152. FEES. (a) The commission shall adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering this chapter and the real estate recovery trust account as required by this chapter, including a fee for: (1) filing an ori…

Sec. 1101.154. ADDITIONAL FEE: TEXAS REAL ESTATE RESEARCH CENTER. (a) The fee for the issuance or renewal of a: (1) broker license is the amount of the fee set under Section 1101.152 and an additional $70 fee for each year of the term for which the license is issued or renewed; (…

Sec. 1101.155. RULES RELATING TO CONTRACT FORMS. (a) The commission may adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and adopted by the commission. (b) The commission may not…

Sec. 1101.156. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to prohibit a false, misleading, or deceptive practice by the person. (b) The…

Sec. 1101.157. SUBPOENA AUTHORITY. (a) The commission may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for examination under oath; and (2) the production for inspection and copying of records, documents, and other evidence relevant to the investi…

Sec. 1101.158. ADVISORY COMMITTEES. (a) The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory committee under this section is subject to Section 2110, Government Code. (b) A member of an advisory…

Sec. 1101.159. USE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commissi…

Sec. 1101.160. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and…

Sec. 1101.161. GIFTS, GRANTS, AND DONATIONS. The commission may solicit and accept a gift, grant, donation, or other item of value from any source to pay for any activity under this chapter, or Chapter 1102, 1103, or 1104 of this code, or Chapter 221, Property Code. Added by Acts…

Sec. 1101.201. PUBLIC INTEREST INFORMATION. (a) The commission shall prepare information of public interest describing the functions of the commission. (b) The commission shall make the information available to the public and appropriate state agencies. Added by Acts 2001, 77th L…

Sec. 1101.202. COMPLAINTS. (a) The commission by rule shall: (1) prescribe a notice containing the name, mailing address, and telephone number of the commission for the purpose of directing a complaint to the commission; and (2) establish methods by which consumers and service re…

Sec. 1101.203. COMPLAINT INFORMATION. (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain a file on each complaint. The file must include: (1) information relating to the parties to the …

Sec. 1101.204. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The commission or commission staff may file a complaint and conduct an investigation as necessary to enforce this chapter, Chapter 1102, or a rule adopted under those chapters. (b) The commission shall investigate the ac…

Sec. 1101.205. COMPLAINT INVESTIGATION OF CERTIFICATE HOLDER. The commission shall investigate a signed complaint received by the commission that relates to an act of a certificate holder or a person required to hold a certificate under Subchapter K. Section 1101.204 applies to a…

Sec. 1101.2051. CONFIDENTIALITY OF INVESTIGATION MATERIAL. (a) Information or material, including an investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, dis…

Sec. 1101.206. PUBLIC PARTICIPATION. (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any agenda item at a regular commission meeting. (b) The commission shall prepare and…

Sec. 1101.251. DEFINITION OF COMMITTEE. In this subchapter, "committee" means the Texas Real Estate Broker-Lawyer Committee. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1101.252. COMMITTEE MEMBERSHIP. (a) The Texas Real Estate Broker-Lawyer Committee consists of 13 members appointed as follows: (1) six members appointed by the commission; (2) six members of the State Bar of Texas appointed by the president of the state bar; and (3) one publ…

Sec. 1101.253. TERMS; VACANCIES. (a) Committee members serve staggered six-year terms, with the terms of two commission appointees and two State Bar of Texas appointees expiring every two years and the term of the public member expiring every six years. (b) A committee member sha…

Sec. 1101.254. POWERS AND DUTIES. (a) In addition to other delegated powers and duties, the committee shall draft and revise contract forms that are capable of being standardized to expedite real estate transactions and minimize controversy. (b) The contract forms must contain sa…

Sec. 1101.301. APPROVAL OF PROGRAMS AND COURSES OF STUDY. (a) The commission, as necessary for the administration of this chapter and Chapter 1102, may by rule: (1) establish standards for the approval of qualifying educational programs or courses of study in real estate and real…

Sec. 1101.3015. FEE FOR EDUCATIONAL PROGRAM. (a) Except as provided by Subsection (b), the commission may not charge more than one fee for the approval of an application to offer an educational program or course of study under this subchapter in multiple formats, including in per…

Sec. 1101.302. BOND REQUIRED. (a) In this section, "educational institution" means a school, excluding an accredited college or university, authorized by the commission under this chapter to offer a real estate or real estate inspection educational program or course of study. (b)…

Sec. 1101.303. APPROVAL OF CONTINUING EDUCATION PROVIDER OR COURSE OF STUDY. (a) If the commission determines that an applicant for approval as a continuing education provider satisfies the requirements of this subchapter or Section 1102.205 and any rule adopted under this subcha…