(a)A person who intends to be registered by the Commission
as an easement or right-of-way agent must:
(1)file an application for the registration [
certificate]:
(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 §535.404 of
this subchapter.
(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.]
(b) [(1)] To be eligible for registration
[a real estate license], an applicant must:
(1) [(A)] meet the following
requirements at the time of the application:
(A) [(i)] be 18 years of age;
(B) [(ii)] meet any applicable
residency requirement;
(C) [(iii)] be a citizen of
the United States or a lawfully admitted alien;
(2) [(B)] comply with the fingerprinting
requirements of the Act;
(3) [(C)] meet the honesty,
trustworthiness, and integrity requirements under the Act;
(4) [(D)] If the applicant is
an individual, the applicant must provide the Commission with the
individual's photograph not older than two years and signature before
issuance of a registration certificate. The person may provide the
photograph before the submission of an electronic application; and
(5) [(E)] If the applicant is
a business entity, the applicant must designate one of its managing
officers who is registered under this title as agent for the business
entity.
(c) [(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.
(d)[(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.
(e) [(c)] The Commission will
assign a registration number to each registrant and provide each registrant
with a certificate of registration. Each registration issued by the
Commission is valid until the last day of the month two years after
the date the registration was issued.
(f) [(d)] Termination of application.
An application is terminated and is subject to no further evaluation
or processing if the applicant fails to satisfy the requirements of
subsection (b)(1) of this section within one year from the date the
application is filed.
(g) [(e)] The Commission may
disapprove an application for registration with written notice to
the applicant if the applicant has been convicted of a criminal offense
which is grounds for disapproval of an application under §541.1
of this title or the applicant has engaged in conduct prohibited by
the Act. Provided a timely written request for a hearing is made by
the applicant in accordance with the Act, an applicant whose application
for registration has been disapproved is entitled to a hearing. The
hearing on the application will be conducted in accordance with §1101.364
of the Act and Chapter 533 of this title.
(h) [(f)] Each registrant shall
display the certificate of registration issued by the Commission in
a prominent location in the registrant's place of business, as required
by §1101.507 of the Act. If the registrant maintains more than
one place of business, the registrant shall display either the certificate
or a copy of the certificate in each place of business.
(i) [(g)] Each registrant shall
provide a mailing address, phone number, and email address, if available,
to the Commission and shall report all subsequent changes not later
than the 10th day after the date of a change of any of the listed
contact information. If a registrant fails to update the contact information,
the last known contact information provided to the Commission is the
registrant's contact information.
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 May 6, 2015
TRD-201501593 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 21, 2015
For further information, please call: (512) 936-3092
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