<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.208Application for a License

(a) Application.

  (1) A person who intends to be licensed by the Commission must file an application for the license:

    (A) through the online process approved by the Commission; or

    (B) on a form approved by the Commission for that purpose; and

    (C) submit the required fee under §535.210 of this title.

  (2) The Commission will reject an application submitted without a sufficient filing fee.

  (3) The Commission may request additional information be provided to the Commission relating to an application.

(b) General Requirements for Licensure.

  (1) To be eligible for a real estate license, an applicant must:

    (A) meet the following requirements at the time of the application:

      (i) be 18 years of age;

      (ii) meet any applicable residency requirement;

      (iii) be a citizen of the United States or a lawfully admitted alien;

    (B) comply with the fingerprinting, education, experience and examination requirements of the Act, Chapter 1102, or the rules of the Commission;

    (C) meet the honesty, trustworthiness, and integrity requirements under the Act;

    (D) provide proof of financial responsibility as required by of Chapter 1102; and

    (E) An applicant for an apprentice inspector license must provide the Commission with the applicant's photograph prior to issuance of a license certificate.

  (2) Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.

  (3) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.

(c) License for military service members, military veterans, or military spouses. This subsection applies to an applicant who is a military service member, a military veteran, or the spouse of a person serving on active duty as a member of the armed forces of the United States.

  (1) The Commission shall waive the license application and examination fees for an applicant who is:

    (A) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or

    (B) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.

  (2) The Commission shall issue on an expedited basis a license to an applicant who holds a current certificate or license issued by a country, territory, or state other than Texas for other than Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or license issued in Texas.

(d) Credit for military service. This subsection applies to an applicant who is serving on active duty as a member of the armed forces of the United States.

  (1) The Commission shall credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license.

  (2) This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.

  (3) The applicant must pass the qualifying examination for the type of license sought.

(e) A person applying for license under subsections (c) or (d) of this section must also:

  (1) submit the Commission's approved application form for the type of license sought;

  (2) submit the appropriate fee for that application;

  (3) submit the supplemental form approved by the Commission applicable to subsections (c) or (d) of this section;

  (4) provide proof of financial responsibility as required by of Chapter 1102; and

  (5) comply with fingerprinting requirements for all license applicants and satisfy the Commission as to the applicant's honesty, trustworthiness and integrity.

(f) The Executive Director may waive any prerequisite to obtaining a license for an applicant issued under subsection (c) or (d).

(g) Terminated application. An application will be terminated and subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b)(1) of this section within one year from the date the application is filed.

(h) Denial of application.

  (1) An application for a license may be denied if the Commission determines that the applicant has failed to satisfy the Commission as to the applicant's honesty, trustworthiness and integrity or if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title. Notice of the denial and any hearing on the denial shall be as provided in Texas Occupations Code, §1101.364, and §533.34 of this title.

  (2) Procuring or attempting to procure a license by fraud, misrepresentation or deceit or by making a material misstatement of fact in an application is grounds to deny the application or suspend or revoke the license. It is a violation of this section for a sponsoring professional inspector knowingly to make a false statement to the Commission in an application for a license for an apprentice or a real estate inspector.


Source Note: The provisions of this §535.208 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective September 15, 1994, 19 TexReg 6915; amended to be effective January 3, 1996, 20 TexReg 10898; amended to be effective May 2, 1996, 21 TexReg 3549; amended to be effective March 14, 1997, 22 TexReg 2429; amended to be effective December 1, 1999, 24 TexReg 10554; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective December 24, 2001, 26 TexReg 10596; amended to be effective April 1, 2003, 28 TexReg 2324;amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective November 15, 2005, 30 TexReg 7475; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective September 11, 2008, 33 TexReg 7517; amended to be effective March 1, 2010, 35 TexReg 1738; amended to be effective September 1, 2010, 35 TexReg 7800; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page