Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER CEXEMPTIONS TO REQUIREMENTS OF LICENSURE
RULE §535.34Salespersons Employed by an Owner of Land and Structures Erected by the Owner
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)As referenced in §1101.5(6) of the Act, "salesperson, [Salesperson] employed by an owner" means a person employed and directly compensated by an owner. An independent contractor is not an employee.

(b)Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid another person is considered evidence of employment.

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 August 26, 2010

TRD-201005022

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 10, 2010

For further information, please call: (512) 465-3926



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