Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER BGENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE
RULE §535.4License Required
ISSUE 09/05/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Act applies to any person [persons ] acting as a real estate broker [brokers ] or salesperson [salespersons] while physically within Texas [this state], regardless of the location of the real estate involved or the residence of the person's customers or clients. For the purposes of the Act, a person conducting brokerage business from another state by mail, telephone, the Internet, email, or other medium is [also considered] acting within Texas [this state] if [all the prospective buyers, sellers, landlords, or tenants are legal residents of this state, and] the real property concerned is located wholly or partly in Texas [in part within this state].

(b)This section does not prohibit cooperative arrangements between non-resident brokers and Texas brokers pursuant to §1101.651(a)(2) of the Act and §535.131 of this title [(relating to Unlawful Conduct: Splitting Fees)].

(c)(No change.)

(d)The employees, agents or, associates of a licensed broker[, including a business entity licensed as a broker,] must be licensed as brokers or salespersons if they direct or supervise other persons who perform acts for which a license is required.

(e)A real estate license is required for a person to solicit listings or to negotiate in Texas for listings.

(f)A business entity owned by a broker or salesperson which receives compensation on behalf of the license holder [ licensee] must be licensed as a broker under the Act.

[(g)For purposes of §1101.002(1)(A)(x) of the Act:]

(g) [(1)] A person controls the acceptance or deposit of rent from a resident of a single-family residential real property unit and must be licensed under the Act if the person has the authority to:

  (1)[(A)] [the person has the authority to] use the rent to pay for services related to management of the property; [or]

  (2)[(B)] determine where to [the person has the authority to] deposit the rent; or [into a trust or bank account and]

  (3)sign checks or withdraw money from a trust [the] account.

(h)[(2)] For purposes of subsection (g) of this section, a [A] single-family residential unit includes a single family home or a unit in a condominium, co-operative, row-home or townhome. The term does not include a duplex, triplex or four-plex unless the units are owned as a condominium, cooperative, row-home, or townhome.

(i) [(h)] A person must be licensed as a broker to operate a rental agency.

(j) [(i)] A real estate license is required of a subsidiary corporation, which, for compensation, negotiates in Texas for the sale, purchase, rent, or lease of its parent corporation's real property.

(k)[(j)] A person who arranges [Arranging] for a tenant [person] to occupy a residential property must have [is an act requiring] a real estate license if the person [ actor]:

  (1)does not own the property or lease the property from its owner;

  (2)receives [a] valuable consideration; and

  (3)is not exempt under [exempted from the requirement of a license by §1101.005 of] the Act.

(l)[(k)] A [Except as provided by this section a] real estate license is required for a person to receive a fee or other consideration for assisting another person to locate real property for sale, purchase, rent, or lease, including [such as] the operation of a service which finds apartments or homes.

(m) [(l)] The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. An advance fee is a contingent fee if the fee must be returned if the property is not sold, purchased, rented, or leased.

(n) [(m)] A person must be licensed as a broker or salesperson if, for compensation, the person:

  (1)advertises for others regarding the sale, purchase, rent, or lease of real property;

  (2)accepts inquiries [calls] received in response to such advertisements; and

  (3)refers the inquiry [callers] to the owner of the property.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 25, 2014

TRD-201404021

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 5, 2014

For further information, please call: (512) 936-3092



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