(a)Subject to the requirements of this section and §1101.451(e) of the Act, a license holder may late renew a license after the expiration date of that license if: [A licensee who files a late application to renew a previous license less than six months after the expiration of the license must do so on a form approved by the commission for that purpose and is subject to the requirements of this section and Tex. Occ. Code §1101.451(e). ] (1)the license has been expired for less than six months; (2)the license holder files the application to renew on a form approved by the Commission for that purpose; (3)completes all required continuing education for renewal of the license; and (4)the license holder submits the required fees under §535.101, including: (A)application fees for late renewal; (B)a continuing education deferral fee if continuing education for the previous active license period was not completed by the expiration date of the previous active license period; and (C)a continuing education late reporting fee if continuing education for the previous active license period was not completed by the 60th day after the expiration date of the previous active license period. (b)Provided the license holder meets all the requirements of this subsection, the Commission will [ The commission shall] renew the license in an active status. [ except as provided by this section. A license issued under this section is effective the day following the expiration of the previous license. ]. (c)To renew a salesperson license on active status after the expiration date of the license without any lapse in active licensure, a license holder must submit a Salesperson Sponsorship Form certifying that the license holder: (1)was continuously sponsored by a Texas licensed broker from the date after the previous license expired to the date the renewal of that license will be issued; and (2)will continued to be sponsored from the date immediately after the date the renewal of that license will be issued. (d)The same broker may be the sponsor the salesperson for both periods under subsection (c) of this section. (e)If the license holder is unable to certify that the license holder was sponsored for the periods under subsection (c) of this section, the Commission will renew the salesperson license on inactive status for the period(s) in which the license holder was not sponsored. (f)A license renewed under this section is effective the day following the expiration of the previous license. [(b)To renew a license on active status without any lapse in active licensure, a salesperson must also submit a Salesperson Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. The same broker may be the sponsor for both periods. The commission shall renew the license on inactive status for the period(s) in which the salesperson was not sponsored.] [(c)A licensee who has not completed all Mandatory Continuing Education (MCE) before the expiration of the previous license and who files a late application not later than the 60th day after the expiration of the previous license may renew the license on active status subject to the following conditions.] [(1)Not later than the 60th day after the expiration of the previous license, the licensee must:] [(A)pay an MCE deferral fee of $200; and] [(B)complete the MCE.] [(2)If, within 15 days after the end of the 60-day period set out in paragraph (1) of this subsection, the has not been provided with evidence that the licensee has completed the MCE and paid the MCE deferral fee of $200, the renewed license shall be placed on inactive status. In order to reactivate a license placed on inactive status under this subsection, the licensee must:] [(A)provide the commission with evidence that the licensee has completed the MCE;] [(B)pay the $200 MCE deferral fee if it has not yet been paid;] [(C)complete and submit a Request to Return to Active Status Form if a broker or a Salesperson Sponsorship Form if a salesperson and pay the appropriate fee; and] [(D)pay a late reporting fee of $250.] [(d)If a licensee who has not completed all MCE before the expiration of the previous license files a late application to renew the license in an active status more than 60 days but less than six months from the expiration of the license, the licensee must:] [(1)provide the commission with evidence that the licensee has completed the MCE;] [(2)pay the $200 MCE deferral fee;] [(3)complete and submit a Salesperson Sponsorship Form if a salesperson; and] [(4)pay a late reporting fee of $250.] [(e)If a licensee files a late application to renew a license in an active status and has completed all MCE before the expiration of the previous license, the licensee is not required to pay the $200 MCE deferral fee or the of $250 late reporting fee.] [(f)MCE completed after expiration of the previous license under this section may not be applied to any subsequent renewal of the license.] (g)A license holder [licensee] may file an [a late] application to renew a license on inactive status under this section.
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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