Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER TEASEMENT OR RIGHT-OF-WAY AGENTS
RULE §535.403Renewal of Registration
ISSUE 03/11/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Renewal application.

  (1)A registration expires on the date shown on the face of the registration issued to the license holder.

  (2)If a license holder intends to renew an unexpired registration, the license holder must, on or before the expiration date of the current registration:

    (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 §535.404 of this title (relating to Fees); and

    (C)comply with the fingerprinting and education requirements under the Act.

(b)Failure to provide information requested by the Commission in connection with a renewal application is grounds for disciplinary action under§1101.653 of the Act.

(c)A registrant who fails to timely renew [to pay a renewal fee] must apply for and receive a new registration in order to act as an easement or right-of-way agent.

(d)The Commission will deliver a registration renewal notice to a license holder three months before the expiration of the license holder's current registration. Failure to receive the certificate renewal notice does not relieve a certificate holder of the obligation to renew a certificate.

(e)The Commission is not required to notify a business entity such as a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or general partner who meets the requirements of §1101.502 of the Act. The Commission may not renew a registration issued to a business entity that has not designated an officer, manager, or general partner who meets the requirements of the Act.

(f)If the registration expires on a Saturday, Sunday or any other day on which the Commission is not open for business [ When the last day of the renewal period falls on a non-business day], a renewal application is considered to be timely filed when the application is received or postmarked no later than the first business day after the expiration date of the registration [ not later than the first business day following the last day of the renewal period. "Non-business" days are Saturday, Sunday, and any other day upon which the Commission offices are closed due to a state holiday designated in the General Appropriations Act or by other law].

(g)Denial of Renewal. The Commission may deny an application for renewal of a registration if the registrant is in violation of the terms of a Commission order.

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 February 22, 2022

TRD-202200643

Abby Lee

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 10, 2022

For further information, please call: (512) 936-3057



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