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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535PROVISIONS OF THE REAL ESTATE LICENSE ACT
SUBCHAPTER MNONRESIDENTS
RULE §535.132Eligibility for Licensure

(a) A person residing in another state may apply for a license under the provisions of Texas Civil Statutes, Article 6573a (the Act), §14(b) and this section if the person:

  (1) is licensed as a broker by the other state; or

  (2) was licensed as a Texas real estate salesperson or broker no more than six years prior to the filing of the application. The commission may waive examination, education and experience requirements if the applicant satisifies the conditions established by §535.61 of this title (relating to Waiver of Examinations) and by either §535.62 of this title (relating to Brokers: Education and Experience) or §535.63 of this title (relating to Salespersons: Education).

(b) A corporation chartered in a state other than Texas may obtain Texas broker licensure, but to be eligible to apply for same it must be licensed as a real estate broker by the state of its incorporation or by a state in which it is permitted to engage in real estate brokerage business as a foreign corporation, and must designate an officer to act for it who meets the requirements of §6(c); provided, however, that the designated officer is not required to be a resident of Texas. A corporation which is not licensed in the state of its incorporation may also apply for Texas licensure upon proof that such state does not license corporations as brokers and that the corporation is lawfully engaged in the practice of real estate brokerage in another state and meets all other requirements for applications for Texas licensure.

(c) An individual licensed as a broker who subsequently moves to another state would not be required to maintain an office in Texas unless the individual wished to sponsor a salesperson in this state.

(d) The word "state" refers to the states, territories, and possessions of the United States and any foreign country or governmental subdivision thereof.

(e) A foreign limited liability company organized under the laws of another state may apply for a Texas real estate broker license if it meets the following requirements.

  (1) If the state of its organization licenses limited liability companies, it is licensed as a real estate broker by the state.

  (2) If the state of its organization does not license limited liability companies, it is lawfully engaged in the real estate brokerage business in that or another state.

  (3) The designated manager of the foreign limited liability company is licensed as an active Texas real estate broker.

(f) Foreign corporations and limited liability companies must be permitted to engage in business in this state to receive a Texas real estate broker license.


Source Note: The provisions of this §535.132 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 4002; amended to be effective July 20, 1981, 6 TexReg 2291; amended to be effective April 15, 1982, 7 TexReg 1369; amended to be effective November 23, 1993, 18 TexReg 8198; amended to be effective April 1, 1996, 21 TexReg 1660; amended to be effective December 1, 1997, 22 TexReg 11361.

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