(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 the form prescribed by the Commission for that
purpose; and
(C)submit the required fee under §535.101 of
this title (relating to Fees).
(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;]
(ii)[(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; and
(C)meet the honesty, trustworthiness, and integrity
requirements under the Act.
[(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.]
(2)[(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 that has
licensing requirements that are substantially equivalent to the requirements
for the certificate or license issued in Texas.]
[(3)The Commission may issue a license to an applicant
who, within the five years preceding the application date, held the
license in Texas.]
[(4)The Commission may allow an applicant to demonstrate
competency by alternative methods in order to meet the requirements
for obtaining a particular license issued by the Commission. For purposes
of this subsection, the standard method of demonstrating competency
is the specific examination, education, and/or experience required
to obtain a particular license.]
[(5)In lieu of the standard method(s) of demonstrating
competency for a particular license and based on the applicant's circumstances,
the alternative methods for demonstrating competency may include any
combination of the following as determined by the Commission:]
[(A)education;]
[(B)continuing education;]
[(C)examinations (written and/or practical);]
[(D)letters of good standing;]
[(E) letters of recommendation;]
[(F)work experience; or]
[(G)other methods required by the administrator.]
[(d)Credit for military service.
This subsection applies to an applicant who is serving on active duty
or is a veteran 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,
if any, for the type of license sought.]
[(e)A person applying for license
under Subsection (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 subsection (c) or (d) of this section;]
[(4)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).]
(c)[(g)] Termination of application.
An application is terminated and is subject to no further evaluation
or processing if:
(1)the applicant fails to satisfy a current, education,
experience, or examination requirement within one year from the date
the application is filed;
(2)the applicant fails to submit a required fee within
twenty (20) days after the Commission makes written request for payment;
(3)the applicant fails to provide information or documentation
requested by the Commission within one year from the date the application
is filed; or
(4)the applicant fails to provide fingerprints to
the Department of Public Safety within one year from the date the
application is filed.
(d)[(h)] Completion of applicable
education and experience.
(1)An applicant is not eligible to take a qualifying
examination for a license until the Commission has received evidence
of completion of all education and experience required by this subchapter.
(2)The Commission will not grant credit to an applicant
for completing a course with substantially the same content as a course
for which the applicant received credit within the previous two-year
period.
(3)Except as provided by this subchapter and the Act,
the Commission will not accept a person's license in another state
to meet experience requirements.
(e)[(i)] Examination. An applicant
must take and pass a written examination in accordance with §535.57
of this subchapter.
The agency
certifies that legal counsel has
reviewed the proposal 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 16, 2019
TRD-201902707 Chelsea Buchholtz
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2019
For further information, please call: (512) 936-3177
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