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(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 §535.51
of this title; and
(2)a person applying for an inspector license under
this chapter must comply with all requirements of §535.208 of
this title.
(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) of
this section; 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 a 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 paragraph
(1) of this subsection, 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 paragraph (2) of this subsection.
(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 the 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 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-201904435 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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