Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER CEXEMPTIONS TO REQUIREMENTS OF LICENSURE
RULE §535.34Salespersons Employed by an Owner of Land and Structures Erected by the Owner
ISSUE 09/05/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)For the purposes of the Act and this title, [ As referenced in §1101.5(6) of the Act,] "salesperson, employed by an owner" means a person employed and directly compensated by an owner. An independent contractor is not an employee.

(b)Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid to another person is considered evidence of employment.

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-201404022

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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