(a)Application. (1)A person who intends [wishes ] to be licensed by the Commission [commission] must file an application for the license: (A)through the online process approved by the Commission; or (B)on the form prescribed by the Commission [commission] for that purpose; and[.] (C)submit the required fee under §535.101 of this title. (2)The Commission will reject an application submitted without a sufficient filing fee. (3)The Commission may request additional information be provided to the Commission relating to an application. [(b)A person also may apply for a license by accessing the commission's web site, entering the required information on the application form and paying the appropriate fee in accordance with the instructions provided at the site by the commission.] (b)General Requirements for Licensure. (1) [(c)] To be eligible for a real estate license, [The commission shall return the application of] an applicant must: (A)meet the following requirements at the time of the application: (i)[(1)] be [is not] 18 years of age; (ii) [(2)] [does not] meet any applicable residency requirement; (iii)[(3)] be [is not] a citizen of the United States or a lawfully admitted alien; (B)comply with the fingerprinting, education, experience and examination requirements of the Act; and (C)meet the honesty, trustworthiness, and integrity requirements under the Act. (2)Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere. (3)The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license. [(4)submits the application in pencil; or] [(5)submits an incorrect filing fee or no filing fee.] (c)Expedited license for military spouses. This subsection applies to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States. (1)The Commission shall issue on an expedited basis a license to an applicant who holds a current certificate or license issued by a country, territory, or state other than Texas for other than Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or license issued in Texas. (2)The Commission may issue a license to an applicant who, within the five years preceding the application date, held the license in Texas that expired while the applicant lived in a country, territory, or state other than Texas for at least six months. (3)The Commission may allow an applicant to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Commission. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular license. (4)In lieu of the standard method(s) of demonstrating competency for a particular license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Commission: (A)education; (B)continuing education; (C)examinations (written and/or practical); (D)letters of good standing; (E)letters of recommendation; (F)work experience; or (G)other methods required by the administrator. (d)Credit for military service. This subsection applies to an applicant who is serving on active duty or is a veteran of the armed forces of the United States. (1)The Commission shall credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license. (2)This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction. (3)The applicant must pass the qualifying examination, if any, for the type of license sought. (e)A person applying for license under subsection (c) or (d) of this section must also: (1)submit the commission's approved application form for the type of license sought; (2)submit the appropriate fee for that application; (3)submit the supplemental form approved by the Commission applicable to subsection (c) or (d) of this section; (4)comply with fingerprinting requirements for all license applicants and satisfy the Commission as to the applicant's honesty, trustworthiness and integrity. (f)The administrator may issue a license under subsection (c) or (d) by endorsement in the same manner as the Texas Commission of Licensing and Regulation to an applicant under this subsection. (g) [(d)] Termination of application. An application is terminated [considered void] and is subject to no further evaluation or processing if [one of the following events occurs: (1)the applicant fails to satisfy a current, education, experience, or examination requirement within one year from the date the application is filed; (2)the applicant fails to submit a required fee within twenty (20) days after the Commission [commission] makes written request for payment; (3)the applicant[, having satisfied any education or examination requirement,] fails to provide information or documentation requested by the Commission within one year from the date the application is filed [sixty (60) days after the commission makes written request for correct or additional information or documentation]; or (4)the applicant fails to provide fingerprints to the Department of Public Safety within one year [twelve months] from the date the application is filed. (h)Completion of applicable education and experience. (1)[(e)] An applicant is not eligible to take a qualifying examination for a license until the Commission has received evidence of completion of all [must complete relevant] education and experience required by this subchapter. [requirements before the applicant is eligible to take a qualifying examination for a license] (2)The Commission will not grant credit to an applicant for completing a course with substantially the same content as a course for which the applicant received credit within the previous two-year period. (3)Except as provided by this subchapter and the Act, the Commission will not accept a person's license in another state to meet experience requirements. (i)Examination. An applicant must take and pass a written examination in accordance with §535.57 of this subchapter.
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-201404024 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
|
