Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535PROVISIONS OF THE REAL ESTATE LICENSE ACT
SUBCHAPTER LTERMINATION OF SALESPERSON'S ASSOCIATION WITH SPONSORING BROKER
RULE §535.121Inactive License
ISSUE 04/21/2000
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The license of a salesperson immediately becomes inactive upon each of the following circumstances:

  (1)the death of the salesperson's sponsoring broker;

  (2)the expiration, suspension, revocation or inactivation of the license of the sponsoring broker;

  (3)if the sponsoring broker is a corporation, the dissolution of the corporation or the forfeiture of its charter, which also places the license of the entity on inactive status; or

  (4)if the sponsoring broker is a corporation, limited liability company or partnership, the expiration, suspension, revocation or inactivation of the license of the person designated as broker, manager, or partner on the license certificate of the entity, which also places the license of the entity on inactive status.

[(a)If an application for renewal of a license has not been timely filed, an original application for a license must be filed and approved by the commission for the applicant to regain licensure.]

[(b)Death of a sponsoring broker places the salesperson's license on inactive status, and the salesperson is not authorized to act as a salesperson until the salesperson becomes sponsored by another broker.]

(b)[(c)] When the sponsorship of a salesperson ends, the broker shall immediately return the salesperson's license certificate to the commission. The commission will no longer consider the broker to sponsor the salesperson upon receipt of the license certificate or upon receipt of a written request from a new sponsoring broker to sponsor the salesperson, whichever first occurs. If the sponsorship has ended because the broker has terminated the sponsorship, the broker shall immediately so notify the salesperson [salesman] in writing. If the sponsorship has ended because the salesperson has left the sponsorship, the salesperson shall immediately so notify the broker in writing. If the commission receives a request from a broker to sponsor a salesperson shown in the commission's records as sponsored by another broker, the commission shall notify the former broker of the change in sponsorship and request the former broker to return the license certificate to the commission.

[(d)This agency is not authorized to enforce agreements between brokers and salespersons concerning obligations incident to their working relationships.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 4, 2000

TRD-200002418

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: May 21, 2000

For further information, please call: (512) 465-3900



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page