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(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 a form approved by the Commission for that purpose;
and
(C)submit the required fee under §535.210 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, Chapter 1102, or the rules
of the Commission;
(C)meet the honesty, trustworthiness, and integrity
requirements under the Act;
(D)provide proof of financial responsibility as required
by of Chapter 1102; and
(E)an applicant for an apprentice inspector license
must provide the Commission with the applicant's photograph prior
to issuance of a license certificate.
(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)License for military service members, military
veterans, or military spouses. This subsection applies to an applicant
who is a military service member, a military veteran, or the spouse
of a person serving on active duty as a member of the armed forces
of the United States.
(1)The Commission shall waive the license application
and examination fees for an applicant who is:
(A)a military service member or military veteran whose
military service, training, or education substantially meets all of
the requirements for the license; or
(B)a military service member, military veteran, or
military spouse who holds a current license issued by another jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for the license in this state.
(2)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 that has
licensing requirements that are substantially equivalent to the requirements
for the certificate or license issued in Texas.
(d)Credit for military service. This subsection applies
to an applicant who is serving on active duty as a member 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
for the type of license sought.
(e)A person applying for license under subsections
(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 subsections (c) or (d) of this section;
(4)provide proof of financial responsibility as required
by of Chapter 1102; and
(5)comply with fingerprinting requirements for all
license applicants and satisfy the Commission as to the applicant's
honesty, trustworthiness and integrity.
(f)The Executive Director may waive any prerequisite
to obtaining a license for an applicant issued under subsection (c)
or (d).
(g)Terminated application. An application will be
terminated and 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.
(h)Denial of application.
(1)An application for a license may be denied if the
Commission determines that the applicant has failed to satisfy the
Commission as to the applicant's honesty, trustworthiness and integrity
or if the applicant has been convicted of a criminal offense which
is grounds for disapproval of an application under §541.1 of
this title. Notice of the denial and any hearing on the denial shall
be as provided in Texas Occupations Code, §1101.364, and §535.34
of this title.
(2)Procuring or attempting to procure a license by
fraud, misrepresentation or deceit or by making a material misstatement
of fact in an application is grounds to deny the application or suspend
or revoke the license. It is a violation of this section for a sponsoring
professional inspector knowingly to make a false statement to the
Commission in an application for a license for an apprentice or a
real estate inspector.
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 February 13, 2019
TRD-201900513 Kerri Lewis
General
Counsel
Texas Real Estate Commission
Effective date: March 5, 2019
Proposal publication date: December 7, 2018
For further information, please call: (512) 936-3092
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