Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER CEXEMPTIONS TO REQUIREMENTS OF LICENSURE
RULE §535.35Registration of Certain Business Entities
ISSUE 08/25/2023
ACTION Proposed
Preamble No Rule Available

(a)For purposes of this section, an "exempt business entity" means a business entity which is exempt from the requirements of being licensed under §535.5(g) of this chapter (relating to License Not Required) and §1101.355(d) of the Act.

(b)Before an exempt business entity may receive compensation on behalf of a license holder, the license holder must:

  (1)register the business entity with the Commission on a form approved by the Commission;

  (2)pay a $140 fee to the Commission; and

  (3)provide supporting documentation satisfactory to the Commission demonstrating the entity meets the requirements for exemption.

(c)Term of Registration; Certification.

  (1)A registration issued under this section is valid for two years from the date of issuance.

  (2)The Commission will deliver a notice regarding expiration of the registration to the license holder three months before the expiration of the registration.

  (3)Failure to receive the notice from the Commission does not relieve a license holder from the requirements of this subsection.

  (4)Prior to the expiration of the registration, a license holder must:

    (A)certify on a form approved by the Commission that the exempt business entity continues to meet the requirements under this section;

    (B)pay a $70 fee to the Commission; and

    (C)provide supporting documentation as provided in subsection (b)(3) of this section, if determined necessary by the Commission.

  (5)Failure to timely certify will result in expiration of the registration and loss of the exemption under §535.5(g) of this chapter and §1101.355(d) of the Act.

(d)A license holder must notify the Commission not later than the 10th day after the date the business entity no longer satisfies the requirements of §535.5(g)(1)-(3) of this chapter and §1101.355(d) of the Act.

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 August 9, 2023

TRD-202302893

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 24, 2023

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



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