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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER EREQUIREMENTS FOR LICENSURE
RULE §535.52Individuals

(a) The commission may deny a license to an applicant who fails to satisfy the commission as to the honesty, trustworthiness, or integrity of the applicant under Texas Occupations Code, §§1101.354, 1102.107, 1102.108, and 1102.109; and §535.400 of this title.

(b) Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to:

  (1) a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines);

  (2) failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;

  (3) providing false or misleading information to the commission;

  (4) disciplinary action taken against, or the surrender of, any other professional or occupational license or registration, in this or any other state;

  (5) engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state;

  (6) violating any provision of Texas Occupations Code, Chapter 1101 or 1102;

  (7) violating any provision of Chapters 531, 533, 535 or 537 of this title;

  (8) failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages), that is not otherwise discharged in bankruptcy.

(c) Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.

(d) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.


Source Note: The provisions of this §535.52 adopted to be effective January 1, 1976; amended to be effective October 4, 1976, 1 TexReg 2614; amended to be effective February 10, 1977, 2 TexReg 360; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 7, 2009, 34 TexReg 57

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