(a)Definitions.
(1)"Military service member" means a person who is
on current full-time military service in the armed forces of the United
States or active duty military service as a member of the Texas military
forces, as defined by §437.001, Government Code, or similar military
service of another state.
(2)"Military spouse" means a person who is married
to a military service member.
(3)"Veteran" means a person who has served as a military
service member and who was discharged or released from active duty.
(b)Except as otherwise provide by this section:
(1)a person applying for a sales agent or broker license
under this chapter must comply with all requirements of §535.51
of this chapter (relating to General Requirements for a Real Estate
License); [and]
(2)a person applying for an inspector license under
this chapter must comply with all requirements of §535.208 of
this chapter (relating to Application for a License); and
(3)a person applying for a certificate
of registration under this chapter must comply with all requirements
of §535.400 of this chapter (relating to Registration of Easement
or Right-of-Way Agents).
(c)Expedited application.
(1)The Commission shall process a license for an applicant
who is a military service member, military veteran, or military spouse
on an expedited basis.
(2)If the applicant 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,
the Commission shall issue the license not later than the 30th
day [as soon as practicable] after receipt of the
application.
(d)Waiver of fees and requirements.
(1)The Commission shall waive application and examination
fees for an applicant who is a:
(A)military service member or veteran whose military
service, training, or education substantially meets all of the requirements
for a license; or
(B)military service member, 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 same license in this state.
(2)The Executive Director may waive any other requirements
for obtaining a license for an applicant who:
(A)meets the requirements of subsection (c)(2) of
this section; or
(B)held a license in Texas within the five years preceding
the date the application is filed with the Commission.
(e)Credit for military service.
(1)For an applicant who is a military service member
or veteran, 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.
(f)Alternate methods of competency. The Commission
may accept alternative methods for demonstrating an applicant's competency
in the place of passing the specific licensing examination, or completing
education and/or experience required to obtain a particular license.
Based on the applicant's circumstances and the requirements of a particular
license, the Commission may consider any combination of the following
as alternative methods of demonstrating competency:
(1)education;
(2)continuing education;
(3)examinations (written and/or practical);
(4)letters of good standing;
(5)letters of recommendation;
(6)work experience; or
(7)other methods required by the Executive Director.
(g)Limited reciprocity for military service members
and military spouses.
(1)A person who is a military service member
or military spouse 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 who wants to practice
in Texas in accordance with §55.0041, Occupations Code, must:
(A)notify the Commission of the person's intent to
practice in Texas on a form approved by the Commission; and
(B)submit a copy of the military identification card
issued to the person; and
(2)Upon receipt of the documents required under paragraph
(1) of this subsection, the Commission will:
(A)no later than 30 days, verify that the
person is currently licensed and in good standing by another jurisdiction
with substantially equivalent licensing requirements to Texas; and
(B)upon confirmation from the other jurisdiction that
the person is currently licensed and in good standing with that jurisdiction,
issue a license to the person for the same period in which the person
is licensed or certified by the other jurisdiction.
(3)A person may not practice in Texas in accordance
with this subsection without receiving confirmation from the Commission
that the Commission has verified that the person is currently licensed
and in good standing with another jurisdiction. Confirmation is provided
by the Commission when the person is issued a license as provided
for in paragraph (2) of this subsection.
(4)A license issued under this subsection may not
be renewed.
[(5)After expiration of the initial
license, if a person wants to continue to practice in accordance with
this subsection, it is the responsibility of the person to seek confirmation
from Commission that the person continues to meet the requirements
to practice under this subsection by submitting a form approved by
the Commission certifying that:]
[(A)the person is still currently licensed and in
good standing with another jurisdiction with substantially equivalent
licensing requirements to Texas; and]
[(B)the person's spouse is still stationed at a military
installation in this state.]
[(6)Upon verification by Commission
that the person still meets the requirements under this subsection,
the Commission will issue another license for the same period in which
the person is currently licensed or certified by the other jurisdiction.]
(5)[(7)] The time period for
which a person may practice under this subsection without meeting
the requirements for licensure in Texas is limited to the lesser of:
(A)the period during which the person or person's
spouse is stationed at a military installation in this state; or
(B)three years.
(6)[(8)] A person authorized
to practice in this state under this subsection must comply will all
other laws and regulations applicable to the license, including any
sponsorship requirements.
(7)Notwithstanding paragraph (5)
of this subsection, in the event of a divorce or similar event that
affects a person’s status as a military spouse, the spouse may
continue to practice for three years from the date of the issuance
of the license under this subsection.
(h)The purpose of this section is
to establish procedures authorized or required by Texas Occupations
Code, Chapter 55, and is not intended to modify or alter rights that
may be provided under federal law.
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 August 9, 2023
TRD-202302897 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 24, 2023
For further information, please call: (512) 936-3284
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