Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER ILICENSES
RULE §535.91Renewal Notices
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Each real estate license expires on the date shown on the face of the license certificate issued to the licensee. The licensee has the responsibility to apply for renewal of a license by making proper application, paying the fee set by the commission and completing MCE [mandatory continuing education (MCE)] courses within the time periods required by the Act, §1101.455 , unless otherwise authorized by §1101.457 of the Act and §535.92 of this subchapter (relating to Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements).

(b)Except as authorized by §535.92 of this subchapter [chapter], for the renewal of a license on active status that is not subject to the annual education requirements of §1101.454 of the Act, the license holder must attend during the term of the current license, at least two Commission developed legal courses consisting of a three-hour legal update course and a three-hour legal ethics course to comply with the six legal hours of mandatory continuing education required by §1101.455 of the Act. The remaining nine hours required by §1101.455 of the Act may consist of elective credit courses registered with the commission under Subchapter [ subchapter] G of this chapter (relating to Mandatory Continuing Education).

(c)[The commission shall mail a renewal notice for an active broker or an inactive licensee to the last known permanent mailing address of the broker or licensee as shown in the commission's computerized records. The commission shall mail a renewal notice for an active salesperson to the permanent mailing address of the salesperson's sponsoring broker.] The commission shall mail a license renewal [the] notice three months before the expiration of the current license. [Each licensee shall furnish a permanent mailing address to the commission and report all subsequent address changes within 10 days after a change of address. If a licensee fails to provide a permanent mailing address, the last known mailing address provided by the licensee will be deemed to be the licensee's permanent mailing address.] Failure to receive a license renewal notice does not relieve a licensee of the obligation to renew a license.

(d)A licensee shall provide information requested by the commission in connection with an application to renew a license within 30 days after the commission requests the information. Failure to provide information requested by the commission in connection with a renewal application within the required time is grounds for disciplinary action under [the Act,] §1101.656 of the Act.

(e)If a licensee is unable to renew a license on the commission's Internet website, the licensee may renew an unexpired license by obtaining a renewal application form from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 and complying with the commission's requirements.

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-201005026

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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