(a) A renewal application is timely filed if it is
received by the commission or postmarked on or before the expiration
date of the license. If the license expires on a Saturday, Sunday
or other day on which the headquarters office of the commission is
not open for business, the renewal application is timely filed if
the application is received or postmarked no later than the first
business day after the expiration date of the license.
(b) If an 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.
The commission may thereafter initiate an action to suspend or revoke
the license after notice and hearing in accordance with the Administrative
Procedure Act, Texas Government Code, Chapter 2001.
(c) 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 as prescribed
by §535.91 of this subchapter (relating to Renewal Notices).
If the licensee is subject to 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 licensee who has failed to furnish the commission with
the person's mailing address and email 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 Act.
(d) A licensee shall renew an unexpired license by
accessing the commission's Internet website, entering the required
information on the renewal application form, satisfying applicable
education requirements and paying the appropriate fee in accordance
with the instructions provided at the website by the commission.
(e) 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.
(f) The commission may not renew a license issued to
a business entity unless the business entity 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
must complete MCE required for a two-year license within the term
of the partnership's license in order to renew the license of the
partnership. 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.
(g) 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 and has satisfied all requirements other
than the completion of applicable MCE requirements, the commission
shall renew the current license in an active status.
(1) If the licensee has not completed MCE requirements
prior to the expiration of the current license, the licensee must,
within 60 days after the effective date of the new license, pay an
additional MCE deferral fee AND complete the required number of MCE
hours.
(2) If, within 15 days after the end of the 60 day
period set out in paragraph (1) of this subsection, the commission
has not been provided with evidence that the licensee has completed
the required number of MCE hours and paid the MCE deferral fee, the
renewed license shall be placed on inactive status.
(3) In order to reactivate a license placed on inactive
status under this subsection, the licensee must:
(A) provide the commission with evidence that the licensee
has completed the required MCE hours;
(B) certify, on a form acceptable to the commission,
that the licensee has not engaged in activity requiring a license
at any time after the license became inactive;
(C) complete and submit a Request to Return to Active
Status Form if a broker or a Salesperson Sponsorship Form if a salesperson
and pay the appropriate fee;
(D) if the license was placed on inactive status because
the licensee failed to timely pay the MCE deferral fee required by
paragraph (1) of this subsection, the licensee must, because the licensee
received the benefits of the 60-day deferral, pay the MCE deferral
fee; and
(E) pay a late reporting fee.
(4) For the purpose of this section, a renewed license
is effective the day following the expiration of the current license.
MCE courses completed after expiration of the current license under
this provision may not be applied to the following renewal of the
license.
(h) Credit will 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 roster,
and provide the information required for each licensee on the form.
A real estate licensee may receive partial credit for partial attendance
at an MCE elective credit course if the provider permits partial credit
and the provider and student verify attendance on the Individual MCE
Partial Credit Request Form. A false statement to the commission concerning
attendance at an MCE course will be deemed a violation of the Act
and of this section.
(i) A course taken by a Texas licensee to satisfy continuing
education requirements of another state may be approved on an individual
basis for MCE elective credit in this state upon the commission's
determination that:
(1) the Texas licensee held an active real estate license
in the other state at the time the course was taken;
(2) the course was approved for continuing education
credit for a real estate license by the other state and, if a correspondence
course, was offered by an accredited college or university;
(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 a Credit Request for
an Out of State Course Credit Request, with the commission.
(j) To request MCE elective credit for real estate
related courses approved by the State Bar of Texas for minimum continuing
legal education participatory credit, a licensee shall file an Individual
MCE Credit Request for State Bar Course.
(k) Real estate licensees may receive MCE elective
credit for core real estate courses or core real estate inspection
courses that have been approved by TREC or that are accepted by TREC
for satisfying educational requirements for obtaining or renewing
a license. Core real estate courses must be at least 30 classroom
hours in length to be accepted for MCE elective credit.
(l) A course taken by a licensee to obtain any of the
following professional designations, or any other real estate related
professional designation course deemed worthy by the commission, may
be approved on an individual basis for MCE elective credit if the
licensee files for credit for the course using Individual MCE Elective
Credit Request for Professional Designation Course and provides the
Commission with a copy of the course completion certificate.
(1) ABR--Accredited Buyer Representative
(2) CRE--Counselor in Real Estate
(3) CPM--Certified Property Manager
(4) CCIM--Certified Commercial-Investment Member
(5) CRB--Certified Residential Broker
(6) CRS--Certified Residential Specialist
(7) GRI--Graduate, Realtor Institute
(8) IREM--Institute of Real Estate Management
(9) SIOR--Society of Industrial and Office Realtors
(m) A member of the Texas Legislature who is a licensee
need only take three (3) hours in legal ethics to the satisfy the
legal mandatory continuing education requirements. To obtain an exemption,
the licensee must be a current member of the Legislature.
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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, 18TexReg 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; amended to be effective March 1, 1999, 24 TexReg 558; amended to be effective September 1, 2000, 25 TexReg 6507; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective September 1, 2004, 29 TexReg 8293; amended to be effective July 1, 2006, 31 TexReg 4197; amended to be effective December 30, 2007, 32 TexReg 9994; amended to be effective June 1, 2008, 33 TexReg 4152; amended to be effective January 1, 2011, 35 TexReg 11689; amended to be effective January 1, 2013, 37 TexReg 7176 |