Texas Register

RULE §535.91Renewal of a Real Estate License
ISSUE 08/30/2019
ACTION Emergency
Preamble Texas Admin Code Rule

(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; and

     [(D)comply with the policies established by the Texas Education Code, §57.491 regarding default of a student loan; and]

    (D)[(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.]

(h)[(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.

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 13, 2019


Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Effective date: August 13, 2019

Expiration date: December 10, 2019

For further information, please call: (512) 936-3093

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