(a)If the Texas Real Estate Commission (the commission) receives a complaint, and such complaint on its face alleges a possible violation of the Real Estate License Act, Texas Civil Statutes, Article 6573a, (the Act), the commission [Texas Real Estate Commission] shall investigate the complaint. As used in this section, the term "licensee" includes a person registered as an easement or right-of-way agent and the term "license" includes a registration issued by the commission. (b)The commission, on its own motion, with reasonable cause, may initiate an investigation of the actions and records of a licensee [real estate broker or real estate salesperson]. (c) - (d)(No change.) (e)Once a complaint has been filed with the commission, the commission has jurisdiction to consider, investigate and take action based on the complaint. If information obtained in the course of an investigation provides the commission with reasonable cause to believe that a licensee other than the licensee named in the complaint has engaged in a violation of the Act or a rule of the commission, the commission shall promptly notify the licensee that the licensee has been added as a respondent in the investigation of the complaint and shall provide the licensee with a copy of the complaint. Complaints may be withdrawn only with the consent of the commission. (f)(No change.) (g)If the commission suspends or revokes a license or registration [certification] or probates an order of suspension or revocation against a licensee or holder of a registration certificate issued by the commission, the commission may monitor compliance with its order and initiate action based on the authority of the original complaint or original authorization by the members of the commission. (h)A person whose license or registration [ certification] has been suspended may not during the period of any suspension: (1)perform or attempt to perform any act for which a license or registration [certification] is required by law or commission rule; or (2)unless instructed otherwise by the principals to the transaction, continue to hold any funds received in a real estate transaction in which the person acted as a real estate broker or salesperson. (i) - (j)( No change.)
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 May 12, 2000
TRD-200003342 Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 25, 2000
For further information, please call: (512) 465-3900
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