Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER LTERMINATION OF SALESPERSON'S ASSOCIATION WITH SPONSORING BROKER
RULE §535.121Inactive License
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The license of a salesperson immediately becomes inactive upon each of the following circumstances:

  (1) - (2)(No change.)

  (3)if the sponsoring broker is a corporation, the dissolution of the corporation or the forfeiture of its charter, which also places the license of the entity on inactive status; [or]

  (4)if the sponsoring broker is a corporation, limited liability company or partnership, the expiration, suspension, revocation or inactivation of the license of the person designated as broker, manager, or partner on the license certificate of the entity, which also places the license of the entity on inactive status; or[ .]

   (5)if a broker notifies the commission in writing that the broker no longer sponsors the salesperson.

(b)[When the sponsorship of a salesperson ends, the broker shall immediately return the salesperson's license or copy thereof to the commission or otherwise notify the commission that the sponsorship has ended.] The commission will no longer consider the broker to sponsor the salesperson upon receipt of the license or upon receipt of a written request from a new sponsoring broker to sponsor the salesperson, whichever first occurs. If the sponsorship has ended because the broker has terminated the sponsorship, the broker shall immediately [so] notify the salesperson in writing. If the sponsorship has ended because the salesperson has left the sponsorship, the salesperson shall immediately [so] notify the broker in writing. If the commission receives a request from a broker to sponsor a salesperson shown in the commission's records as sponsored by another broker, the commission shall notify the former broker of the change in sponsorship.

(c)When the sponsorship of a salesperson ends, the broker shall immediately return the salesperson's license or copy thereof to the commission or otherwise notify the commission in writing that the sponsorship has ended. [A salesperson's license becomes inactive when a broker returns a salesperson's license to the commission until a new sponsorship form for the salesperson is mailed or delivered to the commission.]

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-201005027

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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