Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER EREQUIREMENTS FOR LICENSURE
RULE §535.52Individuals
ISSUE 01/02/2009
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)The commission may deny a license to an applicant who fails to satisfy the commission as to the honesty, trustworthiness, or integrity of the applicant under Texas Occupations Code, §§1101.354, 1102.107, 1102.108, and 1102.109; and §535.400 of this title.

(b)Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to:

  (1)a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines);

  (2)failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;

  (3)providing false or misleading information to the commission;

  (4)disciplinary action taken against, or the surrender of, any other professional or occupational license or registration, in this or any other state;

  (5)engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state;

  (6)violating any provision of Texas Occupations Code, Chapter 1101 or 1102;

  (7)violating any provision of Chapters 531, 533, 535 or 537 of this title;

  (8)failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages), that is not otherwise discharged in bankruptcy.

(c)Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.

(d)The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a 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 December 18, 2008

TRD-200806559

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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