Texas Register

RULE §535.52Fitness Requirements for Individual Applicant
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, [Texas Occupations Code] Chapter 1102, and the rules of the Commission.

(b)Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to:

  (1)a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines);

  (2)failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;

  (3)providing false or misleading information to the Commission;

  (4)disciplinary action taken against, or the surrender or denial of, any professional or occupational license or registration, in this state, any other state, or the federal government;

  (5)engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state;

  (6)violating any provision of the Act;

  (7)violating any provision of the rules of the Commission;

  (8)failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages)[,] that is not otherwise discharged in bankruptcy;

  (9)failing to provide information or documentation related to fitness requirements not later than the 60th day after the date the Commission sends a written request to an applicant; and

  (10)failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty.

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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