Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER ADEFINITIONS
RULE §535.1Definitions
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

The following terms and phrases, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

  (1)Act--Chapter 1101, Texas Occupations Code[, Chapter 1101].

  (2)Business entity--A domestic or foreign corporation, limited liability company, partnership or other entity authorized under the Texas Business Organizations Code to engage in [the] real estate brokerage business in Texas and required to be licensed under the Act.

  (3)Chapter 1102--Chapter 1102, Texas Occupations Code[, Chapter 1102].

  (4)Commission--The Texas Real Estate Commission.

  (5)Compensation--A commission, fee, or other valuable consideration for real estate brokerage services provided by a license holder under the Act.

   [(6)Delivered--Sent by United States Mail to the last known mailing address or by email to the last known email address of a license holder or an applicant.]

  (6)[(7)] Executive Director--The Executive Director of the Texas Real Estate Commission.

  (7)[(8)] Foreign broker--A real estate broker licensed in another country, territory, or state other than Texas.

  (8)[(9)] License--Any Commission license, registration, certificate, approval, or similar form of permission required by law.

  (9)[(10)] License holder--A person licensed or registered by the Commission under Chapter 1101 or 1102, Texas Occupations Code.

  (10)[(11)] Place of business--A place where the license holder meets with clients and customers to transact business.

  (11)[(12)] Trade Association-- A [a] nonprofit voluntary member association or organization:

    (A)whose membership consists primarily of persons who are licensed as real estate license holders and pay membership dues to the association or organization;

    (B)that is governed by a board of directors elected by the members; and

    (C)that subscribes to a written code of professional conduct or ethics.

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 15, 2023

TRD-202300739

Vanessa E. Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2023

For further information, please call: (512) 936-3284



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