Texas Register
TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER NSUSPENSION AND REVOCATION OF LICENSURE
RULE §535.149Lottery or Deceptive Trade Practice
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule
(a)For the purposes of §1101.652(b)(14) of the Act, the [The] elements of a "lottery" are the award or distribution of a prize or prizes by chance and the payment of consideration for the opportunity to win the prize.

(b)The giving of gifts as an inducement for prospective clients does not violate [is not violative of] this section or §1101.652(b)(14) of the Act, but licensees when procuring prospects must otherwise comply with the provisions of §535.20 of this chapter (relating to Referrals From Unlicensed Persons).

(c)"Deceptive practices" include, but are not limited to the acts described in the Texas Business and Commerce Code §17.46, done in a manner defined in that section.

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-201005030

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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