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(a)A person residing in another state may apply for a license under the provisions of Texas Occupations Code, Chapter 1101, (the Act), Subchapter H and this section if the person: (1)is licensed as a broker by the other state; or (2)was licensed as a Texas real estate salesperson or broker no more than six years prior to the filing of the application. The commission may waive examination, education and experience requirements if the applicant satisfies the conditions established by §535.61 of this title (relating to Waiver of Examinations) and by either §535.62 of this title (relating to Brokers: Education and Experience) or §535.63 of this title (relating to Salespersons: Education). (b)A limited liability company created under the laws of another state or a corporation chartered in a state other than Texas may apply for a Texas real estate broker license if the entity meets one of the following requirements. (1)The entity is licensed as a broker by the state in which it was created or chartered. (2)The entity is licensed as a broker in a state in which it is permitted to engage in real estate brokerage business as a foreign limited liability company or corporation. (3)The entity was created or chartered in a state that does not license limited liability companies or corporations, as the case may be, and the entity is lawfully engaged in the practice of real estate brokerage in another state and meets all other requirements for applications for a license in Texas. (c)An individual licensed as a broker who subsequently moves to another state is not required to maintain an office in Texas unless the individual sponsors a salesperson in this state. (d)The word "state" refers to the states, territories, and possessions of the United States and any foreign country or governmental subdivision thereof. (e)To be eligible to receive a license and maintain an active license, a limited liability company or corporation created or chartered in another state must designate a person to act for it who meets the requirements of the Act, §1101.453, although the designated person is not required to be a resident of Texas. Foreign corporations and limited liability companies also must be permitted to engage in business in this state to receive a Texas real estate broker license.
This agency hereby certifies that the adoption has
been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2004
TRD-200405126 Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: August 31, 2004
Proposal publication date: June 25, 2004
For further information, please call: (512) 465-3900
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