(a) The commission shall establish a time period for renewal
of each registration, which shall end with the expiration date of the current
registration. Each registrant has the responsibility to apply for renewal
of a registration by making proper application as specified by this section.
Applications must be made on the current renewal application form approved
by the commission accompanied by the fee required by Section 11(a)(16) of
The Real Estate License Act (the Act). Failure to receive a registration renewal
application form from the commission does not relieve a registrant of the
obligation to obtain the appropriate form and to apply for renewal to maintain
registration. If the commission develops a system whereby registrations may
be renewed electronically, a registrant also may renew an unexpired registration
by accessing the commission's Internet web site, entering the required information
on the renewal application form and paying the appropriate fee in accordance
with the instructions provided at the site by the commission. Failure to provide
information requested by the commission in connection with a renewal application
is grounds for disciplinary action under the Act, §9A(c)(4). A registrant
who fails timely to pay a renewal fee must apply for and receive a new registration
in order to act as an easement or right-of-way agent.
(b) The Texas Real Estate Commission adopts by reference Renewal
Application Form ERW 5-1, approved by the commission in 2000. This form is
published by and available from the Texas Real Estate Commission, P.O. Box
12188, Austin, Texas 78711-2188.
(c) The commission shall advise each registrant of the time
period for filing a renewal application and paying the renewal fee by mailing
a renewal application form to the registrant's last known permanent mailing
address as shown in the commission's computerized records at least three months
before expiration of the current registration. Each registrant shall furnish
a permanent mailing address to the commission and report a change in permanent
mailing address within 10 days after the change occurs. If a registrant fails
to provide a permanent mailing address, the last known mailing address for
the registrant will be deemed to be the registrant's permanent mailing address.
The commission shall have no obligation to so notify a business entity such
as a corporation, limited liability company or partnership, that has failed
to designate an officer, manager or partner who meets the requirements of
Section 6(d) of the Act. The commission may not renew a registration issued
to a business entity unless the entity has designated an officer, manager
or partner who meets the requirements of the Act.
(d) An application for renewal will be deemed to have been
timely filed if it shows a postmark on or before the expiration date of the
registration. When the last day of the renewal period falls on a non-business
day, renewal applications also will be deemed to have been timely filed if
received or postmarked no later than the first business day following the
last day of the renewal period. "Non-business" days are Saturday, Sunday and
any other day upon which the commission offices are closed due to a state
holiday designated in the General Appropriations Act or by other law.
(e) Renewals by registrants who are on active duty in the United
States armed forces or who are subject to the provisions of the Texas Education
Code, §57.491, concerning certain student loans also will be governed
by §535.92 of this title (Relating to Miscellaneous Provisions Concerning
License Renewals).
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Source Note: The provisions of this §535.403 adopted to be effective August 18, 1998, 23 TexReg 8438; amended to be effective January 1, 2001, 25 TexReg 11654; amended to be effective October 4, 2001, 26 TexReg 7542 |