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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 ILICENSES
RULE §535.92Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements

(a) An application for renewal showing a postmark on or before the expiration date of the license is acceptable.

(b) When the last day of the renewal period falls on a nonbusiness day, renewal applications may be accepted if received or postmarked no later than the first business day following the last day of the renewal period. Nonbusiness days are Saturday, Sunday, and state holidays designated in the General Appropriations Act or by other law.

(c) Each real estate license expires on the date shown on the face of the license certificate issued to the licensee. The commission shall issue a license valid until the date designated; provided, however, the commission shall not issue a license valid more than 24 months.

(d) An inactive broker or inactive salesperson may renew a license by complying with the renewal procedures established by the commission. An inactive licensee shall furnish a residence address at the time the licensee becomes inactive and report all subsequent address changes.

(e) The commission shall establish a time period for each licensee to renew a license which shall end with the expiration date of the license involved.

(f) Each licensee shall, as a condition of maintaining a license, pay the renewal fee no later than the day the current license expires. A licensee who fails timely to pay a renewal fee must apply for and receive a new active license in order to act as a real estate broker or salesperson. If the application is filed within one year after the expiration of an existing license, the commission may issue the new license prior to completing the investigation of any complaint pending against the applicant or of any matter revealed by the application without waiving the right to initiate an action to suspend or revoke the license after notice and hearing in accordance with the Act, §17.

(g) The commission shall advise each licensee of the time period for filing a renewal application and paying the renewal fee by mailing an appropriate notice to the licensee's last known business address, or if the licensee is an inactive salesperson, to the licensee's last known residence address. The notice shall be mailed at least three months before expiration of the current license. If the licensee is subject to mandatory continuing education (MCE) requirements, the notice must also contain the number of MCE hours for which the licensee has been given credit and the number of additional MCE hours required for renewal of the license. The commission shall have no obligation to so notify an inactive salesperson who has failed to furnish the commission with the salesperson's residence address or a corporation, limited liability company or partnership that has failed to designate an officer, manager or partner who meets the requirements of the Real Estate License Act (the Act). The commission may not renew a license issued to a corporation, limited liability company or partnership unless the corporation, limited liability company or partnership has designated an officer, manager or partner who meets the requirements of the Act, including satisfaction of MCE requirements. No person may act as designated officer, manager or partner if the person has failed to meet MCE requirements. For the purpose of this section, MCE requirements for the designated officer, manager or partner must be satisfied during the term of any individual broker license held by the officer, manager or partner. A designated partner who is not licensed individually as a broker on September 1, 1991, shall be considered to have been licensed as a broker on that date and must complete MCE required for a two-year license expiring on August 31, 1993, and for every two years thereafter in order to renew the license of the partnership. The commission shall assign a number to an unlicensed designated partner to use in lieu of an individual license number when completing MCE forms required by the commission. If the individual real estate broker license of a designated partner expires, the partnership may only renew its license if the designated partner has satisfied MCE requirements that would have been imposed if the license of the designated partner had not expired.

(h) Notwithstanding any provisions of the Act to the contrary, when a licensee in an active status files a timely application to renew a current license expiring on or after March 31, 1999, and has satisfied all requirements other than the completion of applicable MCE requirements, the commission shall renew the current license in an active status and notify the licensee in writing that if the licensee has not completed the required number of hours of MCE courses prior to the expiration date of the current license, the licensee must pay an additional fee of $200 and complete the required number of hours of MCE courses within 60 days after the effective date of the new license. For the purpose of this section, a renewed license is effective the day following the expiration of the current license. If the licensee does not complete the required number of hours of MCE courses prior to the expiration date of the current license, the licensee shall complete the required number of hours of MCE courses and pay the additional fee within 60 days after the effective date of the new license. MCE courses completed after expiration of the current license under this provision may not be applied to the following renewal of the license. Original applications and return to active status are subject to MCE requirements imposed by the Act.

(i) A real estate licensee shall not receive MCE credit for a license renewal unless the licensee attends all of the MCE course. Credit shall not be given for attendance of the same course more than once during the term of the current license or during the two-year period preceding the filing of an application for late renewal or return to active status. Each licensee attending all sessions of a course shall sign the course completion form, MCE Form 7-0. A false statement to the commission concerning attendance at an MCE course shall be deemed a violation of the Act, §15(a)(2), and of this section.

(j) A course taken by a Texas licensee to satisfy continuing education requirements of another state may be approved on an individual basis for MCE credit in this state upon the commission's determination that:

  (1) the Texas licensee was licensed in the other state at the time the course was taken;

  (2) the course was approved for continuing education credit by the other state;

  (3) the Texas licensee's successful completion of the course has been evidenced by a course completion certificate, a letter from the provider, or such other proof as is satisfactory to the commission;

  (4) the subject matter of the course was predominately devoted to a subject acceptable for MCE credit in this state; and

  (5) the Texas licensee has filed MCE Form 10-0, MCE Out of State Course Credit Request, with the commission.

(k) A licensee shall file MCE Form 12-0, State Bar Course Credit Request, with the commission to request MCE credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit.


Source Note: The provisions of this §535.92 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 4001; amended to be effective July 20, 1981, 6 TexReg 2291; amended to be effective October 13, 1982, 7 TexReg 3633; amended to be effective April 7, 1983, 8 TexReg 999; amended to be effective March 17, 1989, 14 TexReg 1080; amended to be effective June 1, 1990, 15 TexReg 876; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective June 18, 1991, 16 TexReg 3080; amended to be effective January 1, 1992, 16 TexReg 7489; amended to be effective April 8, 1993, 18 TexReg 1940; amended to be effective November 23, 1993, 18 TexReg 8198; amended to be effective May 27, 1998, 23 TexReg 5435; amended to be effective October 5, 1998, 23 TexReg 9981.

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