Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 539RULES RELATING TO THE RESIDENTIAL SERVICE COMPANY ACT
SUBCHAPTER FAUTHORIZED PERSONNEL
RULE §539.51"Employed By" Defined
ISSUE 12/01/2017
ACTION Final/Adopted
Preamble No Rule Available
For the purposes of §1303.101(b) of the Act, a person is "employed by a residential service company" if the person is other than a licensed real estate sales agent, real estate broker, mobile home dealer, or insurance agent and is authorized by a licensed residential service company to sell, offer to sell, arrange or solicit the sale of, or receive applications for residential service contracts subject to the following conditions.

  (1)The residential service company must have the right to direct and control the employee's performance.

   (2)The residential service company must accept responsibility for representations made by the employee within the scope of the employee's employment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 16, 2017

TRD-201704645

Kerri Lewis

General Counsel

Texas Real Estate Commission

Effective date: January 1, 2018

Proposal publication date: August 25, 2017

For further information, please call: (512) 936-3092

 

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