Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER EREQUIREMENTS FOR LICENSURE
RULE §535.58License for Military Service Members, Veterans, or Military Spouses
ISSUE 08/30/2019
ACTION Proposed
Preamble No Rule Available

(a)Definitions.

  (1)"Military service member" means a person who is on current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.

  (2)"Military spouse" means a person who is married to a military service member.

  (3)"Veteran" means a person who has served as a military service member and who was discharged or released from active duty.

(b)Except as otherwise provide by this section:

  (1)a person applying for a sales agent or broker license under this chapter must comply with all requirements of Section 535.51 of this Subchapter; and

  (2)a person applying for an inspector license under this chapter must comply with all requirements of Section 535.208 of this Subchapter.

(c)Expedited application.

  (1)The Commission shall process a license for an applicant who is a military service member, military veteran, or military spouse on an expedited basis.

  (2)If the applicant 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, the Commission shall issue the license as soon as practicable after receipt of the application.

(d)Waiver of fees and requirements.

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

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

    (B)military service member, 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 same license in this state.

  (2)The Executive Director may waive any other requirements for obtaining a license for an applicant who:

    (A)meets the requirements of subsection (c)(2); or

    (B)held a license in Texas within the five years preceding the date the applications is filed with the Commission.

(e)Credit for military service.

  (1)For an applicant who is a military service member or veteran, 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.

(f)Alternate methods of competency. The Commission may accept alternative methods for demonstrating an applicant's competency in the place of passing the specific licensing examination, or completing education and/or experience required to obtain a particular license. Based on the applicant's circumstances and the requirements of a particular license, the Commission may consider any combination of the following as alternative methods of demonstrating competency:

  (1)education;

  (2)continuing education;

  (3)examinations (written and/or practical);

  (4)letters of good standing;

  (5)letters of recommendation;

  (6)work experience; or

  (7)other methods required by the executive director.

(g)Limited reciprocity for military spouses.

  (1)A person who is military spouse 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 who wants to practice in Texas in accordance with 55.0041, Occupations Code, must:

    (A)notify the Commission of the person's intent to practice in Texas on a form approved by the Commission; and

    (B)submit:

      (i)proof of Texas residency;

      (ii)a copy of the military identification card issued to the person; and

  (2)Upon receipt of the documents required under subsection (g)(1), the Commission will:

    (A)verify that the person is currently licensed and in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and

    (B)upon confirmation from the other jurisdiction that the person is currently licensed and in good standing with that jurisdiction, issue a license to the person for the same period in which the person is licensed or certified by the other jurisdiction.

  (3)A person may not practice in Texas in accordance with this subsection without receiving confirmation from the Commission that the Commission has verified that the person is currently licensed and in good standing with another jurisdiction. Confirmation is provided by the Commission when the person is issued a license as provided for in subsection (g)(2).

  (4)A license issued under this subsection may not be renewed.

  (5)After expiration of the initial license, if a person wants to continue to practice in accordance with this subsection, it is the responsibility of the person to seek confirmation from Commission that the person continues to meet the requirements to practice under this subsection by submitting a form approved by the Commission certifying that:

    (A)the person is still currently licensed and in good standing with another jurisdiction with substantially equivalent licensing requirements to Texas; and

    (B)the person's spouse is still stationed at a military installation in this state.

  (6)Upon verification by Commission that the person still meets the requirements under this subsection, the Commission will issue another license for the same period in which the person is currently licensed or certified by the other jurisdiction.

  (7)The time period for which a person may practice under this subsection without meeting the requirements for licensure in Texas is limited to lesser of:

    (A)the period during which the person's spouse is stationed at a military installation in this state; or

    (B)three years.

  (8)A person authorized to practice in this state under this subsection must comply will all other laws and regulations applicable to the license, including any sponsorship requirements.

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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