|
(a)Application.
(1)A person who intends to be licensed by the 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 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)General Requirements for Licensure.
(1)To be eligible for a real estate license, an applicant
must:
(A)meet the following requirements at the time of
the application:
(i)be 18 years of age;
(ii)meet any applicable residency requirement;
(iii)be 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.
(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 Department
of Licensing and Regulation to an applicant under this subsection.
(g)Termination of application. An application is terminated
and is subject to no further evaluation or processing if:
(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 makes written request for payment;
(3)the applicant fails to provide information or documentation
requested by the Commission within one year from the date the application
is filed; or
(4)the applicant fails to provide fingerprints to
the Department of Public Safety within one year from the date the
application is filed.
(h)Completion of applicable education and experience.
(1)An applicant is not eligible to take a qualifying
examination for a license until the Commission has received evidence
of completion of all education and experience required by this subchapter.
(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 adoption and found it to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on November 24, 2014
TRD-201405636 Kerri Lewis
General Counsel
Texas Real Estate Commission
Effective date: January 1, 2015
Proposal publication date: September 5, 2014
For further information, please call: (512) 936-3092
|
