(a)This section is intended to establish standards relating to permissible forms of advertising by a person licensed as a real estate broker or salesperson and functioning as a residential rental locator ("locator"). For the purposes of this section, the term "residential rental locator" shall have the meaning provided by [Texas Occupations Code, Chapter 1101 (the Act),] §1101.002(6) of the Act. For the purposes of this section, the term "advertisement" shall have the same meaning provided by §535.154(a) of this chapter (relating to Advertising) [includes, but is not limited to advertising in printed form, signs, or advertising using radio, television or personal computers]. (b) - (d)(No change.) (e)Advertising by locators must also comply with the provisions of [the Act,] §1101.652(b)(23) of the Act and §535.154 of this chapter [title (relating to Misleading Advertising)]. (f)Failure to comply with this section is grounds for the commission to reprimand a licensee, to suspend or revoke a license, to take other disciplinary action, and/or to impose an administrative penalty in accordance with §1101.701 of the Act[, §1101.757].
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-201005036 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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