Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER JFEES
RULE §535.101Fees
ISSUE 12/13/2019
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The Commission shall charge and collect the following fees:

  (1)a fee of $150 for filing an original or reinstatement application for a real estate broker license, which includes a fee for transcript evaluation;

  (2)a fee of $72 for the timely renewal of a real estate broker license;

  (3)a fee of $120 for filing an application to step down from a real estate broker license to a real estate sales agent license;

  (4)a fee of $150 for filing an original or reinstatement application for a real estate sales agent license, which includes a fee for transcript evaluation;

  (5)a fee of $66 for the timely renewal of a real estate sales agent license;

  (6)a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;

  (7)a fee equal to 2 times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;

  (8)the fee charged by an examination provider pursuant to a contract with the Commission for taking a license examination;

  (9)a fee of $10 for deposit into the real estate recovery trust account upon the filing of an original sales agent or broker application;

  (10)a fee of $50 to request an inactive broker license be returned to active status;

  (11)a fee of $50 for filing a fitness determination;

  (12)a fee of $400 for filing an application for accreditation of a qualifying education program for a period of four years;

  (13)after initial approval of accreditation, a renewal fee of $200 a year for operation of a qualifying real estate education program;

  (14)a fee of $50 plus the following fees per classroom hour approved by the Commission for each qualifying education course for a period of four years:

    (A)$10 for content and examination review;

    (B)$10 for classroom delivery design and presentation review; and

    (C)$20 for distance education delivery design and presentation review;

  (15)a fee of $400 for filing an application for accreditation as a Continuing Education provider for a period of two years;

  (16)a fee of $50 plus the following fees per classroom hour approved by the Commission for each continuing education course for a period of two years:

    (A)$5 for content and examination review;

    (B)$5 for classroom delivery design and presentation review; and

    (C)$10 for distance education delivery design and presentation review;

  (17)the fee required under paragraphs (14)(C) and (16)(C) will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission;

  (18)the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application;

  (19)the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system;

  (20)a continuing education deferral fee of $200; and

  (21)a late reporting fee of $250 to reactivate a license under §535.93 of this title (relating to Late Renewal Applications).

(b)Fees established by this section must be paid when an application is filed and are not refundable once an application has been accepted for filing.

(c)If the Commission receives an application that requires payment of a fee, and a sufficient fee was not submitted with the application, the Commission will return the application and notify the person filing the application that the person must pay the fee before the application will be processed.

(d)If a payment to the Commission by or on behalf of a license holder or applicant is dishonored or reversed by a bank or other financial institution, the Commission shall send a request for payment of the dishonored or reversed payment by certified mail to the last known mailing address of the license holder or applicant as shown in the records of the Commission. If the Commission has sent a request for payment in accordance with the provisions of this section, and the license holder or applicant fails to make good on the payment in the form of a cashier's check, money order, or credit card payment within 30 days after the Commission has mailed the request, the license will be placed on inactive status.

(e)Placing a license on inactive status under this section does not preclude the Commission from proceeding under Texas Occupations Code, §1101.652(a)(3), against a license holder who has failed to make good a payment issued to the Commission within a reasonable time.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2019

TRD-201904429

Chelsea Buchholtz

General Counsel

Texas Real Estate Commission

Effective date: December 11, 2019

Proposal publication date: August 30, 2019

For further information, please call: (512) 936-3177



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