Title OC, Occupations Code

Sec. 1101.353. DETERMINATION OF FITNESS. (a) If before applying for a license under this chapter a person requests that the commission determine whether the person possesses the fitness to engage in the profession for which the license is required and pays the required fee, the c…

Sec. 1101.354. GENERAL ELIGIBILITY REQUIREMENTS. To be eligible to receive a license under this chapter, a person must: (1) at the time of application: (A) be at least 18 years of age; and (B) be a citizen of the United States or a lawfully admitted alien; (2) satisfy the commiss…

Sec. 1101.355. ADDITIONAL GENERAL ELIGIBILITY REQUIREMENTS FOR BUSINESS ENTITIES; REGISTRATION OF CERTAIN BUSINESS ENTITIES. (a) To be eligible for a license under this chapter, a business entity must: (1) designate one of its managing officers as its broker for purposes of this …

Sec. 1101.356. BROKER LICENSE: EXPERIENCE AND EDUCATION REQUIREMENTS. (a) An applicant for a broker license must provide to the commission satisfactory evidence that the applicant: (1) has had at least four years of active experience as a license holder during the 60 months prece…

Sec. 1101.358. SALES AGENT LICENSE: EDUCATION REQUIREMENTS. (a) An applicant for a sales agent license must provide to the commission satisfactory evidence that the applicant has successfully completed at least 12 semester hours, or equivalent classroom hours, of qualifying real …

Sec. 1101.359. ALTERNATE EDUCATION REQUIREMENTS FOR CERTAIN LICENSE HOLDERS. An applicant for a broker license who is not subject to the education requirements of Section 1101.356(a)(2) and an applicant for a sales agent license who is not subject to the education requirements of…

Sec. 1101.360. ELIGIBILITY REQUIREMENTS FOR CERTAIN NONRESIDENT APPLICANTS. (a) Repealed by Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 28(2), eff. January 1, 2024. (b) A nonresident applicant is subject to the same license requirements as a resident. The commission may …

Sec. 1101.362. WAIVER OF LICENSE REQUIREMENTS: PREVIOUS LICENSE HOLDERS. The commission by rule may waive some or all of the requirements for a license under this chapter for an applicant who was licensed under this chapter within the two years preceding the date the application …

Sec. 1101.363. ISSUANCE OF LICENSE. (a) The commission shall issue an appropriate license to an applicant who meets the requirements for a license. (b) The commission may issue an inactive sales agent license to a person who applies for a sales agent license and satisfies all req…

Sec. 1101.364. DENIAL OF LICENSE. (a) The commission shall immediately give written notice to the applicant of the commission's denial of a license. (b) A person whose license application is denied under this section is entitled to a hearing under Section 1101.657. (c) Repealed b…

Sec. 1101.365. PROBATIONARY LICENSE. (a) The commission may issue a probationary license. (b) The commission by rule shall adopt reasonable terms for issuing a probationary license. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1101.366. INACTIVE LICENSE: BROKER. (a) The commission may place on inactive status the license of a broker if the broker: (1) is not acting as a broker; (2) is not sponsoring a sales agent; and (3) submits a written application to the commission before the expiration date o…

Sec. 1101.367. INACTIVE LICENSE: SALES AGENT. (a) When the relationship of a sales agent with the sales agent's sponsoring broker terminates, the terminating party shall immediately notify in writing both the other party and the commission. On receiving the written notice, the co…

Sec. 1101.401. EXAMINATION REQUIRED. (a) The competency requirement prescribed under Section 1101.354(3) shall be established by an examination prepared or contracted for by the commission. (b) The commission shall determine the time and place in the state for offering the examin…

Sec. 1101.402. WAIVER OF EXAMINATION. The commission shall waive the examination requirement for an applicant for a broker or sales agent license if: (1) the applicant was previously licensed in this state as a broker or sales agent; and (2) the application is filed before the se…

Sec. 1101.403. ADMINISTRATION OF EXAMINATION; TESTING SERVICE. (a) The commission shall administer any examination required by this chapter or Chapter 1102 unless the commission enters into an agreement with a testing service to administer the examination. (b) The commission may …

Sec. 1101.404. EXAMINATION RESULTS. (a) Not later than the 10th day after the date an examination is administered, the commission or the testing service shall notify each examinee of the results of the examination. (b) If the notice of the results of an examination will be delaye…

Sec. 1101.405. REEXAMINATION. (a) An applicant who fails an examination may apply for reexamination by filing a request accompanied by the proper fee. (b) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license applic…

Sec. 1101.451. LICENSE EXPIRATION AND RENEWAL. (a) The commission may issue or renew a license for a period of 24 months. (b) The commission by rule may adopt a system under which licenses expire on various dates during the year. The commission shall adjust the date for payment o…

Sec. 1101.452. INFORMATION REQUIRED FOR LICENSE RENEWAL. (a) To renew an active license that is not subject to the education requirements of Section 1101.454, the license holder must provide to the commission proof of compliance with the continuing education requirements of Secti…

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

Sec. 1101.453. ADDITIONAL RENEWAL REQUIREMENTS FOR BUSINESS ENTITIES. (a) To renew a license under this chapter, a business entity must: (1) designate one of its managing officers as its broker for purposes of this chapter; and (2) provide proof that the entity maintains errors a…

Sec. 1101.454. SALES AGENT LICENSE RENEWAL. (a) An applicant applying for the first renewal of a sales agent license must provide to the commission satisfactory evidence of completion of at least 18 semester hours, or equivalent classroom hours, of qualifying real estate courses,…

Sec. 1101.455. CONTINUING EDUCATION REQUIREMENTS. (a) In this section, "property tax consulting laws and legal issues" includes the Tax Code, preparation of property tax reports, the unauthorized practice of law, agency law, tax law, law relating to property tax or property asses…

Sec. 1101.456. EXEMPTION FROM CONTINUING EDUCATION REQUIREMENTS FOR CERTAIN BROKERS. Notwithstanding any other provision of this chapter, a broker who, before October 31, 1991, qualified under former Section 7A(f), The Real Estate License Act (Article 6573a, Vernon's Texas Civil …

Sec. 1101.457. DEFERRAL OF CONTINUING EDUCATION REQUIREMENTS. (a) The commission by rule may establish procedures under which an applicant may have the applicant's license issued, renewed, or returned to active status before the applicant completes continuing education requiremen…

Sec. 1101.458. ADDITIONAL EDUCATION REQUIREMENTS FOR CERTAIN LICENSE HOLDERS. (a) During the term of the current license a broker responsibility course approved by the commission must be attended by: (1) a broker licensed under this chapter; and (2) a sales agent licensed under t…

Sec. 1101.459. DENIAL OF LICENSE RENEWAL. (a) The commission may deny the renewal of a license under this chapter if the applicant is in violation of a commission order. (b) The denial of a license renewal is subject to the same provisions as are applicable under Section 1101.364…

Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act as an easement or right-of-way agent unless the person: (1) holds a license issued under this chapter; or (2) holds a certificate of registration issued under this subchapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. …

Sec. 1101.502. ELIGIBILITY REQUIREMENTS FOR CERTIFICATE. (a) To be eligible to receive a certificate of registration or a renewal certificate under this subchapter, a person must: (1) be, at the time of application: (A) at least 18 years of age; and (B) a citizen of the United St…

Sec. 1101.503. ISSUANCE OF CERTIFICATE. (a) The commission shall issue a certificate of registration to an applicant who meets the requirements for a certificate of registration. (b) The certificate remains in effect for the period prescribed by the commission if the certificate …

Sec. 1101.504. CERTIFICATE EXPIRATION. The duration, expiration, and renewal of a certificate of registration are subject to the same provisions as are applicable under Section 1101.451 to the duration, expiration, and renewal of a license. Added by Acts 2001, 77th Leg., ch. 1421…

Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR CERTIFICATE. An applicant for an original certificate of registration as an easement or right-of-way agent or renewal of a certificate of registration as an easement or right-of-way agent must comply with the cri…

Sec. 1101.505. DENIAL OF CERTIFICATE ISSUANCE OR RENEWAL. (a) The denial of an original certificate of registration or renewal of a certificate of registration is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license. (b) The commissio…

Sec. 1101.506. CHANGE OF ADDRESS. Not later than the 10th day after the date a certificate holder moves its place of business from a previously designated address, the holder shall: (1) notify the commission of the move; and (2) obtain a new certificate of registration that refle…

Sec. 1101.507. DISPLAY OF CERTIFICATE. A certificate holder shall prominently display at all times the holder's certificate of registration in the holder's place of business. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1101.508. PROBATIONARY CERTIFICATE. (a) The commission may issue a probationary certificate of registration under this subchapter. (b) The commission by rule shall adopt reasonable requirements for the issuance of a probationary certificate. Added by Acts 2021, 87th Leg., R.…

Sec. 1101.509. QUALIFYING AND CONTINUING EDUCATION REQUIREMENTS. (a) The commission by rule shall approve coursework that an applicant must successfully complete to be eligible for the issuance or renewal of a certificate of registration under this subchapter. (b) An applicant fo…

Sec. 1101.551. DEFINITIONS. In this subchapter: (1) "Intermediary" means a broker who is employed to negotiate a transaction between the parties to a transaction and for that purpose may act as an agent of the parties. (2) "Party" means a prospective buyer, seller, landlord, or t…

Sec. 1101.552. FIXED OFFICE REQUIRED; CHANGE OF ADDRESS. (a) A resident broker shall maintain a fixed office in this state. The address of the office shall be designated on the broker's license. (b) Not later than the 10th day after the date a broker moves from the address design…

Sec. 1101.553. DISPLAY OF LICENSE. A residential rental locator shall prominently display in a place accessible to clients and prospective clients: (1) the locator's license; (2) a statement that the locator is licensed by the commission; and (3) the notice required by Section 11…

Sec. 1101.554. COPY OF SALES AGENT LICENSE. The commission shall deliver a copy of each sales agent license to the broker that is sponsoring the sales agent. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B.…

Sec. 1101.555. NOTICE TO BUYER REGARDING ABSTRACT OR TITLE POLICY. When an offer to purchase real estate in this state is signed, a license holder shall advise each buyer, in writing, that the buyer should: (1) have the abstract covering the real estate that is the subject of the…

Sec. 1101.556. DISCLOSURE OF CERTAIN INFORMATION RELATING TO OCCUPANTS. Notwithstanding other law, a license holder is not required to inquire about, disclose, or release information relating to whether: (1) a previous or current occupant of real property had, may have had, has, …

Sec. 1101.557. ACTING AS AGENT; REGULATION OF CERTAIN TRANSACTIONS. (a) A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party is that party's agent. (b) A broker described by Subsection (a): (1) may…

Sec. 1101.558. REPRESENTATION DISCLOSURE. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016. (b) A license holder who represents a party in a proposed real estate transaction shall disclose, orally or in writing, that representation at the time …