| (a) Renewal application.
(1) A real estate license expires on the date shown
on the face of the license issued to the license holder.
(2) If a license holder intends to renew an unexpired
license, the license holder must, on or before the expiration date
of the current license:
(A) file a renewal application through the online process
on the Commission's website or on the applicable form approved by
the Commission;
(B) submit the appropriate fee required by §535.101
of this title;
(C) comply with the fingerprinting requirements under
the Act;
(D) comply with the policies established by the Texas
Education Code, §57.491 regarding default of a student loan;
and
(E) except as provided for by this subsection (g) of
this section, satisfy the continuing education requirements applicable
to that license.
(3) The Commission may request additional information
be provided to the Commission in connection with an renewal application.
(4) A license holder is required to provide information
requested by the Commission not later than the 30 day after the date
the commission requests the information. Failure to provide information
is grounds for disciplinary action.
(b) Renewal Notice.
(1) The Commission will deliver a license renewal notice
to a license holder three months before the expiration of the license
holder's current license.
(2) If a license holder intends to renew a license,
failure to receive a license renewal notice from the Commission does
not relieve a license holder from the requirements of this subsection.
(3) The Commission has no obligation to notify any
license holder who has failed to provide 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.
(c) Timely renewal of a license.
(1) A renewal application for an individual broker
or sales agent is filed timely if it is received by the Commission,
or postmarked, on or before the license expiration date.
(2) A renewal application for a business entity broker
is filed timely if the application and all required supporting documentation
is received by the Commission, or postmarked, not later than the 10th
business day before the license expiration date.
(3) If the license expires on a Saturday, Sunday or
any other day on which the Commission is not open for business, a
renewal application is considered to be filed timely if the application
is received or postmarked no later than the first business day after
the expiration date of the license.
(d) Initial renewal of sales agent license. A sales
agent applying for the first renewal of a sales agent license must:
(1) submit documentation to the Commission showing
successful completion of the additional educational requirements of §535.55
of this chapter no later than 10 business days before the day the
sales agent files the renewal application; and
(2) fulfill the continuing education requirements of §535.92(a)(1)
and (a)(2) of this subchapter and §535.92(a)(3) of this subchapter,
if applicable.
(e) Renewal of license issued to a business entity.
The Commission will not renew a license issued to a business entity
unless the business entity:
(1) has designated a corporate officer, an LLC manager,
an LLC member with managing authority, or a general partner who:
(A) is a licensed broker in active status and good
standing with the Commission;
(B) completes any applicable continuing education required
under of §535.92;
(2) maintains errors and omissions insurance with a
minimum annual limit of $1 million per occurrence if the designated
broker owns less than 10 percent of the business entity; and
(3) is currently eligible to transact business in Texas.
(f) Renewal and pending complaints.
(1) The Commission may renew the current license of
a license holder that has a complaint pending with the Commission,
provided the license holder meets all other applicable requirements
of this section.
(2) Upon completion of the investigation of the pending
complaint, the Commission may suspend or revoke the license, after
notice and hearing in accordance with the Administrative Procedure
Act, Texas Government Code, Chapter 2001.
(g) Renewal with deferred continuing education.
(1) A license holder may renew an active license without
completion of required continuing education and may defer completion
of any outstanding continuing education requirements for an additional
60 days from the expiration date of the current license if the license
holder:
(A) meets all other applicable requirements of this
section; and
(B) pays the continuing education deferral fee required
by §535.101 of this title at the time the license holder files
the renewal application with the Commission.
(2) If after expiration of the 60 day period set out
in paragraph (1) of this subsection, the Commission has not been provided
with evidence that the license holder has completed all outstanding
continuing education requirements, the license holder's license will
be placed on inactive status.
(3) To activate an inactive license, the license holder
must meet the requirements of Subchapter L of this Chapter.
(4) Credit for continuing education courses for a subsequent
licensing period does not accrue until after all deferred continuing
education has been completed for the current licensing period.
(h) Student loan default. The Commission will advise
a license holder in renewal notices and license application forms
that default on a student loan guaranteed by an entity designated
by the state of Texas may prevent a renewal of a license. Before the
Commission disapproves a license renewal due to a default on a guaranteed
student loan, a default on a repayment agreement, or a failure to
enter a repayment agreement, the Commission will give notice and provide
an opportunity for a hearing in accordance with the provisions of
the Administrative Procedure Act, Texas Government Code, §§2001.001,
et seq.
(i) Renewal of license for military service member.
A license holder on active duty in the United States armed forces
is entitled to two years of additional time to renew an expired license
without being subject to any increase in fee, any education or experience
requirements or examination if the license holder:
(1) provides a copy of official orders or other official
documentation acceptable to the Commission showing that the license
holder was on active duty during the license holder's last renewal
period; and
(2) pays the renewal application fee in effect when
the previous license expired.
|
| Source Note: The provisions of this §535.91 adopted to be effective January 1, 1976; amended to be effective July 20, 1981, 6 TexReg 2291; amended to be effective June 1, 1990, 15 TexReg 876; amended to be effective August 19, 1991, 16 TexReg 4284; amended to be effective July 18, 1994, 19 TexReg 5089; amended to be effective July 16, 1996, 21 TexReg 6235; amended to be effective September 1, 2000, 25 TexReg 6507; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective January 1, 2004, 28 TexReg 9544; amended to be effective September 1, 2004, 29 TexReg 8293; amended to be effective July 1, 2006, 31 TexReg 4197; amended to be effective December30, 2007, 32 TexReg 9994; amended to be effective January 1, 2011, 35 TexReg 11689; amended to be effective November 1, 2011, 36 TexReg 7330; amended to be effective September 9, 2012, 37 TexReg 7176; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8242; amended to be effective August 28, 2017, 42 TexReg 4307 |
