Texas Administrative Code

Historical Rule for the Texas Administrative Code

TITLE 22	EXAMINING BOARDS
PART 23	TEXAS REAL ESTATE COMMISSION
CHAPTER 535	PROVISIONS OF THE REAL ESTATE LICENSE ACT
SUBCHAPTER C	EXEMPTIONS TO REQUIREMENT OF LICENSURE
RULE §535.31	Attorneys at Law

(a) Licensed attorneys are exempt from the requirements of the Real Estate License Act, but cannot sponsor real estate salespersons for licensure unless such attorneys are also licensed as real estate brokers.

(b) Licensed attorneys are exempted from the requirements of the Real Estate License Act, but they are not eligible to qualify as designated agents for a corporation which is licensed as a broker unless such attorneys are otherwise qualified in accordance with the requirements of the Act.

(c) Attorneys who desire real estate licensure must follow the same steps which would be necessary if they were not attorneys.

(d) A Texas-licensed attorney is exempted from real estate licensure requirements whether dealing with clients or with non-clients.

(e) An attorney should make his or her own determination regarding whether acting as a real estate agent on the basis of a law license may violate the State Bar's Code of Professional Responsibility.

(f) This provision is not a waiver of the standards of eligibility and qualification elsewhere established in this Act. Law school credits may fulfill educational requirements.

(g) This Act does not govern an attorney's eligibility for trade association or organization membership. Whether an attorney who is not licensed as a real estate broker is eligible for such membership would be determined by the association's or organization's requirements or restrictions.

Source Note: The provisions of this §535.31 adopted to be effective January 1, 1976; amended to be effective March 19, 1990, 15 TexReg 1235; amended to be effective April 14, 1998, 23 TexReg 3682.