|(a) The Commission establishes a Broker Responsibility
Advisory Committee to regularly examine issues surrounding broker
responsibility within the real estate industry, make recommendations
regarding possible legislative changes associated with broker responsibility,
and examine Commission rules related to broker responsibility.
(b) The committee consists of 9 members appointed by
the Commission who must meet the following requirements:
(1) members must hold an active real estate broker
license issued by the Commission; and
(2) members must have been engaged in the practice
of brokerage activity for at least five years prior to appointment
and be actively engaged in that practice.
(c) The Commission may appoint a non-voting member(s)
from the Commission.
(d) Appointments to the committee shall be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(e) Members of the committee serve staggered four-year
terms with terms beginning on January 1.
(f) Notwithstanding subsection (e) of this section,
the Commission shall initially appoint nine members as follows:
(1) three members to serve a two-year term to expire
on December 31, 2026, regardless of the date the members are appointed;
(2) three members to serve a three-year term to expire
on December 31, 2027, regardless of the date the members are appointed;
(3) three members to serve a four-year term to expire
on December 31, 2028, regardless of the date the members are appointed.
(g) A member whose term has expired holds office until
the member's successor is appointed. If a vacancy occurs during a
member's term, the Commission shall appoint a person to fill the unexpired
(h) At a regular meeting in January of each year, the
committee shall elect from its members a presiding officer, assistant
presiding officer, and secretary.
(i) The Commission may remove a committee member if
(1) does not have the qualifications required by subsection
(b) of this section;
(2) cannot discharge the member's duties for a substantial
part of the member's term;
(3) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during each calendar year, unless the absence is excused by majority
vote of the committee; or
(4) violates Chapter 1101 or Chapter 1102.
(j) If the executive director of the Commission has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the Commission that
the potential ground exists.
(k) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of
a committee member exists.
(l) The committee may meet at the call of a majority
of its members. The committee shall meet at the call of the Commission.
(m) A quorum of the committee consists of five members.
(n) The committee shall conduct its meetings in substantial
compliance with Robert's Rules of Order.
(o) The secretary of the committee shall work with
Commission staff to prepare and approve written minutes of each meeting
and submit the minutes for filing with the Commission.
(p) At least twice a year, the presiding officer of
the committee shall report on the activities of the committee to the
Commission. The committee may submit its written recommendations concerning
broker responsibility to the Commission at any time the committee
deems appropriate. If the Commission submits a rule to the committee
for development, the presiding officer of the committee or the presiding
officer's designate shall report to the Commission after each meeting
at which the proposed rule is discussed on the committee's consideration
of the rule.
(q) The committee is automatically abolished on September
1, 2031, unless the Commission subsequently establishes a different