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(a)Education requirements.
(1)An applicant for a broker license must provide
the Commission with satisfactory evidence of completion of:
(A)270 hours of qualifying real estate courses as
required under §535.55, which must include the 30 hour qualifying
real estate brokerage course completed not more than two years before
the application date; and
(B)an additional 630 classroom hours of related education
from one or more of the following categories:
(i)qualifying courses defined under §535.64;
(ii)Commission approved continuing education courses;
or
(iii)courses taken for credit from an accredited
college or university in any of the following areas: accounting, advertising,
architecture, business or management, construction, finance, investments,
law, marketing, and real estate.
(2)An applicant who has earned a bachelor's degree
or higher from an accredited college or university will be deemed
to have satisfied the related education requirements for a broker
license. A copy of the college transcript awarding the degree must
be submitted as evidence of completion of the degree.
(b)Experience Requirements.
(1)An applicant for a broker license must have four
years of experience actively practicing as a broker or sales agent
in Texas during the five years preceding the date the application
is filed. For purposes of this section:
(A)Experience is measured from the date a license
is issued, and inactive periods caused by lack of sponsorship, or
any other reason, cannot be included as active experience.
(B)A person licensed in another state may derive
the required four years' experience from periods in which the person
was licensed in one or more states. A person who is the designated
broker of a business entity that is licensed as a real estate broker
in another state is deemed to be a licensed real estate broker in
another state.
(C)An applicant must have performed at least one
transaction per year as described in subsection (c) of this section
for at least four of the five years preceding the date the application
is filed.
(2)An applicant for a broker license must demonstrate
not less than 360 points of qualifying practical experience obtained
during the period required by subsection (b)(1) of this section, using
TREC No. BL-A, Supplement A-Qualifying Experience Report for a Broker
License. An applicant must use TREC No. BL-B, Supplement B-Qualifying
Experience Report for a Broker License After an Application Has Been
Filed, to report qualifying experience after an application for a
broker license is filed.
(A)An applicant will receive credit for such experience
according to the point system set forth in subsection (c) of this
section.
(B)Upon request by the Commission, either prior to
or after licensure, an applicant shall provide documentation to substantiate
any or all of the experience claimed by the applicant.
(C)Failure to promptly provide the requested documentation
or proof shall be grounds to deny the application. Any false claim
of experience shall be grounds to deny the application, or shall be
grounds to suspend or revoke the applicant's current license.
(c)Credit for experience. Experience points shall
be credited to an applicant in accordance with the following schedule
for active licensed sales agent or broker activity only:
(1)Residential transactions including single family,
condo, co-op unit, multi-family (1 to 4-unit) and apartment unit leases:
(A)Closed purchase or sale--30 points per transaction.
(B)An executed lease for a landlord or tenant--5
points per transaction.
(C)rental property management rent collection--2.5
points per property.
(D)Closed purchase or sale of an unimproved residential
lot--30 points per transaction.
(2)Commercial transactions, including apartments
(5 units or more), office, retail, industrial, mixed use, hotel/motel,
parking facility/garage, and specialty:
(A)Closed purchase or sale--50 points per transaction.
(B)An executed lease, renewal or extension for a
landlord or tenant--10 points per year of the lease, renewal or extension
up to a five year maximum per transaction.
(C)rental property management rent collection--15
points per property.
(3)Farm and Ranch and unimproved land transactions:
(A)Closed purchase or sale--30 points.
(B)An executed lease for a landlord or tenant--5
points per transaction.
(C)Rental property management rent collection--5
points per property.
(4)Brokerage team management or delegated supervision--12
points per month.
(d)Documentation of applicable experience.
(1)An applicant shall have the burden of establishing
to the satisfaction of the Commission that the applicant actually
performed the work associated with the real estate transaction claimed
for experience credit.
(2)If an applicant is unable to obtain documentation
and/or the signature of a sponsoring broker to support their claim
for experience, the applicant must use TREC No. AFF-A, Affidavit in
Lieu of Documentation and/or Signature, to explain that the applicant
made a good faith effort to obtain the documentation and/or signature,
describing the effort to obtain the documentation and reasons why
it is not available. In addition, the applicant must submit two TREC
No. AFF-B, Affidavit in Support of Applicant's Claim of Experience,
each signed by a different individual who knows the applicant or is
familiar with the transaction(s) at issue attesting to the applicant's
efforts to obtain the documentation and/or signature, and attesting
to the fact that the applicant performed the work for which the applicant
is requesting points.
(3)The Commission may request additional documentation,
rely on the documentation provided under this section, or utilize
any other information provided by the applicant to determine whether
the applicant has sufficient experience as required by §1101.356
of the Act and this section.
(e)Waiver of education and experience requirements.
Notwithstanding §1101.451(f) of the Act and subsections (a) -
(d) of this section, the Commission may waive education and experience
required for a real estate broker license if the applicant satisfies
each of the following conditions.
(1)The applicant was licensed as a Texas real estate
broker within two years prior to the filing of the application.
(2)The applicant has completed at least the number
of hours of continuing education courses required by §535.92(a),
within the two-year period prior to the filing of an application for
an active license, including all applicable current non-elective courses.
(3)The applicant has at least two years of active
experience as a licensed real estate broker or sales agent during
the four-year period preceding the date the application is filed.
(f)Experience forms. Forms and affidavits required
to be used to report experience under this section are adopted by
reference, published by and available from the Texas Real Estate Commission,
P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov.
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 February 18, 2022
TRD-202200606 Vanessa Burgess
General Counsel
Texas Real Estate Commission
Effective date: March 10, 2022
Proposal publication date: November 26, 2021
For further information, please call: (512) 936-3284
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