Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER EREQUIREMENTS FOR LICENSURE
RULE §535.51General Requirements
ISSUE 01/02/2009
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A person who wishes to be licensed by the commission must file an application for the license on the form adopted by the commission for that purpose. Prior to filing the application, the applicant must pay the required fee for evaluation of the education completed by the person and must obtain a written response from the commission showing the applicant meets current education requirements for the license.

(b)If the commission develops a system whereby a person may electronically file an application for a license, a person who has previously satisfied applicable education requirements and obtained an evaluation from the commission also may apply for a license by accessing the commission's Internet web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission. If the person is an individual, the person must provide the commission with the person's signature prior to issuance of a license certificate. The person may provide the signature prior to the submission of an electronic application.

(c)The commission shall return applications to applicants when it has been determined that the application fails to comply with one of the following requirements.

  (1)The applicant is not 18 years of age.

  (2)The applicant does not meet any applicable residency requirement.

  (3)An incorrect filing fee or no filing fee is received.

  (4)The application is submitted in pencil.

  (5)The applicant is not a citizen of the United States or a lawfully admitted alien.

  (6)The applicant has not obtained, within one year from the date the application is filed, an evaluation from the commission showing the applicant meets education requirements or experience requirements have not been satisfied.

(d)An application is considered void and is subject to no further evaluation or processing when one of the following events occurs:

  (1)the applicant fails to satisfy an examination requirement within six months from the date the application is filed;

  (2)the applicant, having satisfied any examination requirement, fails to submit a required fee within sixty (60) days after the commission makes written request for payment;

  (3)the applicant, having satisfied any examination requirement, fails to provide information or documentation within sixty (60) days after the commission makes written request for correct or additional information or documentation;

  (4)the applicant fails to provide fingerprints to the Department of Public Safety within six months from the date the application is filed.

(e)The commission adopts by reference the following forms approved by the commission which are as 78711-2188:

  (1)Application for a Real Estate Broker License, TREC Form BL-9;

  (2)Application for a Real Estate Broker License by a Corporation, TREC Form BLC-6;

  (3)Application for Late Renewal of A Real Estate Broker License, TREC Form BLR-9;

  (4)Application for Late Renewal of Real Estate Broker License by a Corporation, TREC Form BLRC-6;

  (5)Application for Real Estate Salesperson License, TREC Form SL-12;

  (6)Application for Late Renewal of Real Estate Salesperson License, TREC Form SLR-10;

  (7)Application for Moral Character Determination, TREC Form MCD-6;

  (8)Application for Real Estate Broker License by a Limited Liability Company, TREC Form BLLLC-6;

  (9)Application of Currently Licensed Real Estate Broker for Salesperson License, TREC Form BSL-7; and

  (10)Application for Late Renewal of a Real Estate Broker License by a Limited Liability Company, TREC Form BLRLLC-6.

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 December 18, 2008

TRD-200806558

Devon V. Bijansky

Assistant General Counsel

Texas Real Estate Commission

Effective date: January 7, 2009

Proposal publication date: November 14, 2008

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



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