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(a)Administration of licensing examinations.
(1)An examination required for any license issued
by the Commission will be conducted by the testing service with which
the Commission has contracted for the administration of examinations.
(A)The testing service shall schedule and conduct
the examinations in the manner required by the contract between the
Commission and the testing service.
(B)Except as otherwise provided by law, the examination
fee must be paid each time the examination is taken.
(2)The testing service administering the examinations
is required to provide reasonable accommodations for any applicant
with a verifiable disability. Applicants must contact the testing
service to arrange an accommodation.
(3)To be authorized for admittance to an examination,
the applicant must present to the testing service administering the
examinations appropriate documentation required by the testing service
under contract with the Commission. The testing service shall require
official photo-bearing personal identification of individuals appearing
for an examination and shall deny entrance to anyone who cannot provide
adequate identification. The testing service may refuse to admit an
applicant who arrives after the time the examination is scheduled
to begin or whose conduct or demeanor would be disruptive to other
persons taking examinations at the site. The testing service may confiscate
examination materials, dismiss the applicant, and fail the applicant
for violating or attempting to violate the confidentiality of the
contents of an examination.
(4)An applicant is permitted to use certain hand-held
calculators. If a calculator has printout capability, the testing
service must approve use of such calculator before the examination.
No other electronic devices are permitted.
(b)Conduct during examination.
(1)The following conduct with respect to licensing
examinations is prohibited and is grounds to impose disciplinary action
against any applicant, license holder, or education provider accredited
by the Commission, and shall further be grounds for disapproval of
an application for any license, accreditation, or approval issued
by the Commission:
(A)obtaining or attempting to obtain specific questions
or answers from an applicant, a Commission employee, or any person
hired by or associated with the testing service;
(B)removing or attempting to remove questions or answers
from an examination site; or
(C)providing or attempting to provide examination
questions or answers to another person.
(2)The Commission, or the testing service under contract
with the Commission, may file theft charges against any person who
removes or attempts to remove an examination or any portion thereof
or any material furnished with the examination whether by actual physical
removal or by transcription.
(c)Passing Scores. A broker applicant must attain
a passing score of at least 75% in each portion of the broker licensing
examination. A sales agent applicant must attain a passing score of
at least 70% in each portion of the sales agent licensing examination.
(d)Waiver of examination requirement for licensure.
(1)The Commission shall waive the examination requirement
for an applicant for a broker license who has been licensed as a broker
in this state within two years before the filing of the application.
The Commission shall waive the examination requirement for an applicant
for a sales agent license who has been licensed in this state as a
broker or sales agent within two years before the filing of the application.
(2)The Commission may waive the national portion of
the examination of an applicant for a broker or sales agent license
if the applicant maintains an active license in another state equivalent
to the license being applied for, and has passed a comparable national
examination accredited or certified by a nationally recognized real
estate regulator association.
(e)Examination results for the national part and state
part of the examination are valid for a period of one year from the
date each part of the examination is passed.
(f)An applicant who fails the examination three consecutive
times may not apply for reexamination or submit a new license application
unless the applicant submits evidence satisfactory to the Commission
that the applicant has completed additional mandatory qualifying education
listed in §535.64(a) of this chapter (relating to Content Requirements
for Qualifying Real Estate Courses) as follows, after the date the
applicant failed the examination for the third time:
(1)for an applicant who failed the national part of
the examination, 30 hours;
(2)for an applicant who failed the state part of the
examination, 30 hours; and
(3)for an applicant who failed both parts of the examination,
60 hours.
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 May 22, 2023
TRD-202301878 Vanessa E. Burgess
General Counsel
Texas Real
Estate Commission
Effective date: June 11, 2023
Proposal publication date: March 3, 2023
For further information, please call: (512) 936-3284
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