(a)Renewal application. (1)A [Each] real estate license expires on the date shown on the face of the license [certificate] issued to the license holder. [licensee. The licensee has the responsibility to apply for renewal of a license by making proper application, paying the fee set by the commission and completing MCE courses within the time periods required by the Act, §1101.455, unless otherwise authorized by §1101.457 of the Act and §535.92 of this subchapter (relating to Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements). ] (2)If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license: (A)file a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission; (B)submit the appropriate fee required by §535.101 of this title; (C)comply with the fingerprinting requirements under the Act; (D)comply with the policies established by the Texas Education Code, §57.491 regarding default of a student loan; and (E)except as provided for by this subsection (g) of this section, satisfy the continuing education requirements applicable to that license. (3)The Commission may request additional information be provided to the Commission in connection with an renewal application. (4)A license holder is required to provide information requested by the Commission not later than the 30 day after the date the commission requests the information. Failure to provide information is grounds for disciplinary action. (b)Renewal Notice. (1)The Commission will deliver a license renewal notice to a license holder three months before the expiration of the license holder's current license. (2)If a license holder intends to renew a license, failure to receive a license renewal notice from the Commission does not relieve a license holder from the requirements of this subsection. (3)The Commission has no obligation to notify any license holder who has failed to provide the Commission with the person's mailing address and email address or a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or partner who meets the requirements of the Act. (c)Timely renewal of a license. (1)A renewal application is considered to be filed timely if it is received by the Commission, or postmarked, on or before the expiration date of the license. (2)If the license expires on a Saturday, Sunday or any other day on which the Commission is not open for business, A renewal application is considered to be filed timely if the application is received or postmarked no later than the first business day after the expiration date of the license. (d)Initial renewal of salespersons license. A salesperson applying for the first renewal of a salesperson license must submit documentation to the Commission showing successful completion of the additional educational requirements of §535.55 no later than 10 business days before the day the salesperson files the renewal application. (e)Renewal of license issued to a business entity. The Commission will not renew a license issued to a business entity unless the business entity: (1)has designated an officer, manager, or partner who: (A)is a licensed broker in active status and good standing with the Commission; (B)completes any applicable continuing education required under of §535.92; and (2)maintains errors and omissions insurance with a minimum annual limit of $1 million per occurrence if the designated person owns less than 10 percent of the business entity. (f)Renewal and pending complaints. (1)The Commission may renew the current license of a license holder that has a complaint pending with the Commission, provided the license holder meets all other applicable requirements of this section. (2)Upon completion of the investigation of the pending complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001. (g)Renewal with deferred continuing education. (1)A license holder may renew an active license without completion of required continuing education and may defer completion of any outstanding continuing education requirements for an addition 60 days from the expiration date of the current license if the license holder: (A)meets all other applicable requirements of this section; and (B)pays the continuing education deferral fee required by §535.101 of this title at the time the license holder files the renewal application with the Commission. (2)If after expiration of the 60 day period set out in paragraph (1) of this subsection, the Commission has not been provided with evidence that the license holder has completed all outstanding continuing education requirements, the license holder's license will be placed on inactive status. (3)To activate an inactive license, the license holder must meet the requirements of Subchapter L. (4)Credit for continuing education courses for a subsequent licensing period does not accrue until after all deferred continuing education has been completed for the current licensing period. (h)Student loan default. The Commission will advise a license holder in renewal notices and license application forms that default on a student loan guaranteed by an entity designated by the state of Texas may prevent a renewal of a license. Before the Commission disapproves a license renewal due to a default on a guaranteed student loan, a default on a repayment agreement, or a failure to enter a repayment agreement, the Commission will give notice and provide an opportunity for a hearing in accordance with the provisions of the Administrative Procedure Act, Texas Government Code, §§2001.001, et seq. (i)Renewal of license for active duty military member. A license holder on active duty in the United States armed forces serving outside the State of Texas may renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder: (1)provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty outside the state of Texas during the licensee's last renewal period; (2)applies for the renewal not later than the 90th day after the date the license holder's active duty ends; and (3)pays the renewal application fee in effect when the previous license expired. [(b)Except as authorized by §535.92 of this subchapter, for the renewal of a license on active status that is not subject to the annual education requirements of §1101.454 of the Act, the license holder must attend during the term of the current license, at least two commission developed legal courses consisting of a three-hour legal update course and a three-hour legal ethics course to comply with the six legal hours of mandatory continuing education required by §1101.455 of the Act.] [(c)To renew a license on active status on or after September 1, 2012, a broker who sponsors a salesperson, a designated broker of a business entity, or a license holder who is a delegated supervisor of one or more license holders pursuant to §535.2 of this chapter (relating to Broker Responsibility) for six months or more during the course of the current license must attend the six-hour broker responsibility course required by §1101.458 of the Act sponsors a salesperson, a designated broker of a business entity, or a license holder who is a delegated supervisor of one or more license holders pursuant to §535.2 of this chapter (relating to Broker Responsibility) for six months or more during the course of the current license.] [(d)A broker shall provide to the commission, within 30 days of delegation, the name of each license holder who is anticipated to be or has been a delegated supervisor of one or more license holders pursuant to §535.2 of this chapter for six months or more during the course of the current license, or the termination of such delegation by:] [(1)initiating the appropriate transaction, if available, through the TREC online license management system, including payment of any required fees; or] [(2)submitting a notice on a form approved by the commission for this purpose, if any.] [(e)licensee's who are otherwise required to take the broker responsibility course who have completed all MCE requirements prior to July 1, 2012 may, but are not required to, take the course for the first renewal of their license after September 1, 2012.] [(f)The commission shall mail a license renewal notice three months before the expiration of the current license. Failure to receive a license renewal notice does not relieve a licensee of the obligation to renew a license.] [(g)A licensee shall provide information requested by the commission in connection with an application to renew a license within 30 days after the commission requests the information. Failure to provide information requested by the commission in connection with a renewal application within the required time is grounds for disciplinary action under §1101.656 of the Act.] [(h)If a licensee is unable to renew a license on the commission's Internet website, the licensee may renew an unexpired license by obtaining a renewal application form from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, and complying with the commission's requirements.]
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-201404034 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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