| (a) License or experience in another state. Except as provided by this section, the commission will not accept a person's license in another state or experience in real estate brokerage or any related business in satisfaction of education or experience required for a license. (b) Education and experience requirements for a broker license. (1) Experience as a real estate broker or salesperson is accepted as experience for the purpose of applying for a real estate broker license. Experience is measured from the date a license is issued, and inactive periods caused by lack of sponsorship, or any other reason, cannot be included as active experience. (2) Notwithstanding Texas Occupations Code §1101.451(f), the commission may waive education and experience required for a real estate broker license if the applicant satisfies each of the following conditions. (A) The applicant must have been licensed as a Texas real estate broker or salesperson no more than six years prior to the filing of the application. (B) If the applicant was previously licensed as a Texas real estate broker, the applicant must have completed at least 15 hours of mandatory continuing education (MCE) courses within the two-year period prior to the filing of an application for an active license. If the applicant was previously licensed as a Texas real estate salesperson, the applicant must satisfy all current education requirements for an original broker license. (C) The applicant must have had not less than two years of active experience as a licensed real estate broker or salesperson during the eight-year period prior to the filing of the application. (3) Under the Texas Occupations Code, Chapter 1101 (the Act), §1101.357 a person who is the designated officer of a corporation or limited liability company which is licensed as a real estate broker in another state is deemed to be a licensed real estate broker in another state. The term "state" means one of the states, territories, and possessions of the United States and any foreign country or governmental subdivision thereof. A person licensed in another state may derive the required two years' experience from periods in which the person was licensed in two or more states. (4) The commission shall require not less than 18 semester hours (270 classroom hours) in courses reflecting course titles or course descriptions in the real estate disciplines including, but not limited to, the statutory subject areas identified in the Act, §1101.003. The commission will publish periodically guidelines as to the acceptability of related courses. (c) Education requirements for a salesperson license. (1) In order to maintain a license, a salesperson subject to annual education requirements shall furnish documentation to the commission of successful completion of appropriate courses no later than 10 business days prior to the day the salesperson files an application with the commission to renew the salesperson's license. (2) Notwithstanding Texas Occupations Code §1101.451(f), the commission may waive the education required for a real estate salesperson license if the applicant satisfies each of the following conditions. (A) The applicant must have been licensed either as a Texas real estate broker or as a Texas real estate salesperson no more than six years prior to the filing of the application. (B) The applicant must have completed any core real estate courses or real estate related courses which would have been required for a timely renewal of the prior license, or if the renewal of the prior license was not subject to the completion of core real estate courses or real estate related courses, the applicant must have completed at least 15 hours of mandatory continuing education (MCE) courses within the two-year period prior to the filing of an application for an active license. |
| Source Note: The provisions of this §535.63 adopted to be effective January 31, 2000, 24 TexReg 9282; amended to be effective June 27, 2002, 27 TexReg 5520; amended to be effective January 1, 2004, 28 TexReg 9543; amended to be effective July 10, 2006, 31 TexReg 5458; amended to be effective December 30, 2007, 32 TexReg 9990 |
