(a)Texas Occupations Code [Civil Statutes ], Chapter 1101 [Article 6573a] (the Act) applies to persons acting as real estate brokers or salespersons while physically within this state, regardless of the location of the real estate involved or the residence of the person's customers or clients. For the purposes of the Act, a person conducting brokerage business from another state by mail, telephone, the Internet, e-mail or other medium is also considered acting within this state if all the prospective buyers, sellers, landlords, or tenants are legal residents of this state, and the real property concerned is located wholly or in part within this state. (b)This section does not prohibit cooperative arrangements between non-resident brokers and Texas brokers pursuant to the Act, § 1101.651(a)(2) [14(a)] and §535.131 of this title (relating to Unlawful Conduct: Splitting Fees). (c)Unless otherwise exempted by the Act, a person must be licensed as a real estate broker or salesperson to show a broker's listings, solicit listings of real property, or perform any act defined as that of a real estate broker by the Act. An unlicensed person may be hired by a broker to act as a host or hostess at a property being offered for sale by the broker, provided the unlicensed person engages in no activity for which a license is required. (d)The employees, agents or associates of a licensed broker, including a corporation or limited liability company licensed as a broker, must be licensed as real estate brokers or salespersons if they direct or supervise other persons who perform [in the performance of ] acts for which a license is required. A license is not required for the performance of secretarial, clerical, or administrative tasks, such as training personnel, performing duties generally associated with office administration and personnel matters. Unlicensed employees, agents, or associates may not solicit business for the broker or hold themselves out as authorized to act as real estate brokers or salespersons. (e)(No change.)
This
agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 14, 2003
TRD-200305200 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 28, 2003
For further information, please call: (512) 465-3900
|
