(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 Texas Civil Statutes, Article 6573a, (the Act), §17.
(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's last known business address, or if the
licensee is in an inactive status, to the licensee's last known permanent
mailing address. The notice shall be mailed 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 licensee who has failed to furnish the
commission with the person's permanent mailing 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).
(d) If the commission develops a system whereby licenses may
be renewed electronically, a licensee also may renew an unexpired license
by accessing the commission's Internet web site, 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 site by the commission.
(e) 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 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.
(f) 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 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.
(g) A real estate licensee may not receive MCE credit for a
license renewal unless the licensee attends all of the MCE course. 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, MCE Form 8-3 and provide the information required for each licensee
on the form. A false statement to the commission concerning attendance at
an MCE course will be deemed a violation of the Act, §15(a)(2) and of
this section.
(h) 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 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 MCE Form 10-0, MCE Out of
State Course Credit Request, with the commission.
(i) To request MCE credit for real estate related courses approved
by the State Bar of Texas for minimum continuing legal education participatory
credit, a licensee shall either file MCE Form 12-1, Individual MCE Credit
Request for State Bar Course or sign MCE Form 12A-0, Provider MCE Credit Request
for State Bar Course, which may be filed by the course provider with the commission.
(j) Real estate licensees may receive MCE 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 credit.
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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 effectiveApril 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; amended to be effective March 1, 1999, 24 TexReg 558; amended to be effective September 1, 2000, 25 TexReg 6507 |