Texas Register

RULE §535.132Eligibility for Licensure
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

[(a)A person residing outside of Texas may apply for a license under this section if the person:]

  [(1)is licensed as a foreign broker; or]

  [(2)was licensed as a Texas real estate salesperson or broker no more than two years before filing of the application.]

  [(3)The commission may waive education and experience requirements if the applicant satisfies the conditions established by §535.56 or §535.55 of this title.]

[(b)A business entity created or chartered under the laws of a state other than Texas may apply for a Texas real estate broker license if the entity:]

  [(1)is licensed as a broker by the state in which it was created or chartered;]

  [(2)is licensed as a broker in a state in which it is permitted to engage in real estate brokerage business as a foreign business entity; or]

  [(3)was created or chartered in a state that does not license business entities and the entity is lawfully engaged in the practice of real estate brokerage in that state and meets all other requirements for applications for a license in Texas.]

(a)[(c)] An individual licensed as a broker who subsequently moves to a state other than Texas is not required to maintain an office in Texas [unless the individual sponsors a salesperson in Texas].

(b)[(d)] To be eligible to receive a license and maintain an active license, a business entity created or chartered in a state other than Texas must designate a person to act for it who meets the requirements of §1101.355 of the Act, although the designated broker is not required to be a resident of Texas. Foreign business entities must also be permitted to engage in business in Texas to receive a Texas real estate broker license.

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 February 15, 2023


Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2023

For further information, please call: (512) 936-3284

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