Chapter 1101. Real Estate Brokers And Salespersons
Occupations Code Sections 1101.001–1101.7085


§ 1101.001

This chapter may be cited as The Real Estate License Act.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

§ 1101.002

In this chapter:(1) "Broker":(A) means a person who, in exchange for a commission or other valuable consideration or with the expectation of...

§ 1101.003

(a) For purposes of this chapter, "core real estate courses" include:(1) agency law, which includes the following topics:(A) the relationship...

§ 1101.004

A person acts as a broker or salesperson under this chapter if the person, with the expectation of receiving valuable consideration, directly or...

§ 1101.005

This chapter does not apply to:(1) an attorney licensed in this state;(2) an attorney-in-fact authorized under a power of attorney to conduct a...

§ 1101.006

The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that...

§ 1101.051

(a) The Texas Real Estate Commission consists of nine members appointed by the governor with the advice and consent of the senate as follows:(1) ...

§ 1101.052

A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:(1) is registered, certified,...

§ 1101.053

(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional...

§ 1101.054

Not later than the 15th day after the date of appointment, each appointee must take the constitutional oath of office.Added by Acts 2001, 77th...

§ 1101.055

(a) Commission members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.(b) If a...

§ 1101.0055

A service contract that a license holder enters into for services governed by this chapter is not a good or service governed by Chapter 601,...

§ 1101.056

(a) The governor shall designate a commission member who is a licensed broker as presiding officer. The presiding officer serves in that...

§ 1101.057

(a) It is a ground for removal from the commission that a member:(1) does not have at the time of appointment the qualifications required by...

§ 1101.058

A commission member is entitled to receive:(1) $75 for each day the member performs the member's official duties; and(2) reimbursement for...

§ 1101.059

(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in...

§ 1101.101

(a) The commission shall appoint an administrator.(b) The commission may designate a subordinate officer as assistant administrator to act for...

§ 1101.102

The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management...

§ 1101.103

Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572,...

§ 1101.104

The commission shall provide, as often as necessary, to its members and employees information regarding their:(1) qualifications for office or...

§ 1101.105

(a) The administrator or the administrator's designee shall develop an intra-agency career ladder program. The program must require intra-agency...

§ 1101.106

(a) The administrator or the administrator's designee shall prepare and maintain a written policy statement to ensure implementation of an equal...

§ 1101.151

(a) The commission shall:(1) administer this chapter and Chapter 1102;(2) adopt rules and establish standards relating to permissible forms of...

§ 1101.153

(a) The fee for filing an original application for an individual broker license and the fee for annual renewal of an individual broker license is...

§ 1101.155

(a) The commission may adopt rules in the public's best interest that require license holders to use contract forms prepared by the Texas Real...

§ 1101.156

(a) The commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to...

§ 1101.157

(a) The commission may request and, if necessary, compel by subpoena:(1) the attendance of witnesses for examination under oath; and(2) the...

§ 1101.158

(a) The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory...

§ 1101.159

The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to...

§ 1101.160

(a) The commission shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008,...

§ 1101.161

The commission may solicit and accept a gift, grant, donation, or other item of value from any source to pay for any activity under this chapter...

§ 1101.201

(a) The commission shall prepare information of public interest describing the functions of the commission.(b) The commission shall make the...

§ 1101.202

(a) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and...

§ 1101.203

(a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall...

§ 1101.204

(a) The commission or commission staff may file a complaint and conduct an investigation as necessary to enforce this chapter, Chapter 1102, or a...

§ 1101.205

The commission shall investigate a signed complaint received by the commission that relates to an act of a certificate holder or a person required...

§ 1101.206

(a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and...

§ 1101.251

In this subchapter, "committee" means the Texas Real Estate Broker-Lawyer Committee.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,...

§ 1101.252

(a) The Texas Real Estate Broker-Lawyer Committee consists of 13 members appointed as follows:(1) six members appointed by the commission;(2) ...

§ 1101.253

(a) Committee members serve staggered six-year terms, with the terms of two commission appointees and two State Bar of Texas appointees expiring...

§ 1101.254

(a) In addition to other delegated powers and duties, the committee shall draft and revise contract forms that are capable of being standardized...

§ 1101.301

(a) The commission, as necessary for the administration of this chapter and Chapter 1102, may:(1) establish standards for the accreditation of...

§ 1101.302

(a) In this section, "educational institution" means a school, excluding an accredited college or university, authorized by the commission under...

§ 1101.303

(a) If the commission determines that an applicant for approval as a continuing education provider satisfies the requirements of this subchapter...

§ 1101.304

(a) The commission shall adopt rules regarding the collection and publication of data relating to examination passage rates for graduates of...

§ 1101.305

(a) The commission may appoint a committee to review the performance of an educational program performing below the standards set by the...

§ 1101.351

(a) Unless a person holds a license issued under this chapter, the person may not:(1) act as or represent that the person is a broker or...

§ 1101.352

(a) Each applicant for a broker or salesperson license must submit an application on a form prescribed by the commission.(b) Each applicant for...

§ 1101.353

(a) If before applying for a license under this chapter a person requests that the commission determine whether the person's moral character...

§ 1101.354

To be eligible to receive a license under this chapter, a person must:(1) at the time of application:(A) be at least 18 years of age;(B) be a...

§ 1101.355

(a) To be eligible for a license under this chapter, a business entity must:(1) designate one of its managing officers as its agent for purposes...

§ 1101.359

An applicant for a broker license who is not subject to the education requirements of Section 1101.356(a)(2) and an applicant for a salesperson...

§ 1101.360

(a) A resident of another state who is not a licensed real estate broker and who was formerly licensed in this state as a broker or salesperson...

§ 1101.361

(a) Notwithstanding Section 1101.360, a nonresident applicant for a license who resides in a municipality whose boundary is contiguous at any...

§ 1101.363

(a) The commission shall issue an appropriate license to an applicant who meets the requirements for a license. (b) The commission may issue an...

§ 1101.364

(a) The commission shall immediately give written notice to the applicant of the commission's denial of a license. (b) A person whose license...

§ 1101.365

(a) The commission may issue a probationary license.(b) The commission by rule shall adopt reasonable terms for issuing a probationary...

§ 1101.401

(a) The competency requirement prescribed under Section 1101.354(3) shall be established by an examination prepared or contracted for by the...

§ 1101.402

The commission shall waive the examination requirement for an applicant for:(1) a broker license if:(A) the applicant was previously licensed in...

§ 1101.403

(a) The commission shall administer any examination required by this chapter or Chapter 1102 unless the commission enters into an agreement with...

§ 1101.404

(a) Not later than the 30th day after the date an examination is administered, the commission shall notify each examinee of the results of the...

§ 1101.405

An applicant who fails an examination may apply for reexamination by filing a request accompanied by the proper fee.Added by Acts 2001, 77th Leg.,...

§ 1101.451

(a) The commission may issue or renew a license for a period not to exceed 24 months.(b) The commission by rule may adopt a system under which...

§ 1101.452

(a) To renew an active license that is not subject to the education requirements of Section 1101.454, the license holder must provide to the...

§ 1101.453

(a) To renew a license under this chapter, a business entity must:(1) designate one of its managing officers as its agent for purposes of this...

§ 1101.454

(a) An applicant applying for the first renewal of a salesperson license must provide to the commission satisfactory evidence of completion of at...

§ 1101.455

(a) In this section, "property tax consulting laws and legal issues" includes the Tax Code, preparation of property tax reports, the unauthorized...

§ 1101.456

Notwithstanding any other provision of this chapter, a broker who, before October 31, 1991, qualified under former Section 7A(f), The Real Estate...

§ 1101.457

(a) The commission by rule may establish procedures under which an applicant may have the applicant's license issued, renewed, or returned to...

§ 1101.458

(a) A broker who sponsors a salesperson, or a license holder who supervises another license holder, must attend during the term of the current...

§ 1101.501

A person may not sell, buy, lease, or transfer an easement or right-of-way for another, for compensation or with the expectation of receiving...

§ 1101.502

(a) To be eligible to receive a certificate of registration or a renewal certificate under this subchapter, a person must be:(1) at least 18...

§ 1101.503

(a) The commission shall issue a certificate of registration to an applicant who meets the requirements for a certificate of registration.(b) ...

§ 1101.504

The duration, expiration, and renewal of a certificate of registration are subject to the same provisions as are applicable under Section 1101.451...

§ 1101.505

The denial of a certificate of registration is subject to the same provisions as are applicable under Section 1101.364 to the denial of a...

§ 1101.506

Not later than the 10th day after the date a certificate holder moves its place of business from a previously designated address, the holder...

§ 1101.507

A certificate holder shall prominently display at all times the holder's certificate of registration in the holder's place of business.Added by...

§ 1101.551

In this subchapter:(1) "Intermediary" means a broker who is employed to negotiate a transaction between the parties to a transaction and for that...

§ 1101.552

(a) A resident broker shall maintain a fixed office in this state. The address of the office shall be designated on the broker's license.(b) ...

§ 1101.553

(a) Repealed by Acts 2003, 78th Leg., ch. 15, Sec. 14, eff. Sept. 1, 2003.(b) Repealed by Acts 2003, 78th Leg., ch. 15, Sec. 14, eff. Sept. 1,...

§ 1101.554

The commission shall deliver or mail a copy of each salesperson license to the broker with whom the salesperson is associated.Added by Acts 2001,...

§ 1101.555

When an offer to purchase real estate in this state is signed, a license holder shall advise each buyer, in writing, that the buyer should:(1) ...

§ 1101.556

Notwithstanding other law, a license holder is not required to inquire about, disclose, or release information relating to whether:(1) a previous...

§ 1101.557

(a) A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party is...

§ 1101.558

(a) In this section, "substantive dialogue" means a meeting or written communication that involves a substantive discussion relating to specific...

§ 1101.559

(a) A broker may act as an intermediary between parties to a real estate transaction if:(1) the broker obtains written consent from each party...

§ 1101.560

(a) A broker who complies with the written consent requirements of Section 1101.559 may appoint:(1) a license holder associated with the broker...

§ 1101.561

(a) The duties of a license holder acting as an intermediary under this subchapter supersede the duties of a license holder established under any...

§ 1101.601

(a) The commission shall maintain a real estate recovery trust account to reimburse aggrieved persons who suffer actual damages caused by an act...

§ 1101.602

An aggrieved person is entitled to reimbursement from the trust account if a person described by Section 1101.601 engages in conduct described by...

§ 1101.603

(a) In addition to other fees required by this chapter, an applicant for an original license must pay a fee of $10.(b) In addition to other fees...

§ 1101.604

(a) The commission shall hold money credited to the trust account in trust to carry out the purpose of the trust account.(b) Money credited to...

§ 1101.605

(a) An action for a judgment that may result in an order for payment from the trust account may not be brought after the second anniversary of...

§ 1101.606

(a) Except as provided by Subsection (c), an aggrieved person who obtains a court judgment against a license or certificate holder for an act...

§ 1101.607

At the hearing on the application for payment from the trust account, the aggrieved person must show:(1) that the judgment is based on facts...

§ 1101.608

(a) On receipt of notice under Section 1101.606 and the scheduling of a hearing, the commission may notify the attorney general of the...

§ 1101.609

The court shall order the commission to pay from the trust account the amount the court finds payable on the claim under this subchapter if at a...

§ 1101.611

An aggrieved person who receives a recovery on a judgment against a single defendant before receiving a payment from the trust account must apply...

§ 1101.612

(a) The commission is subrogated to all rights of a judgment creditor to the extent of an amount paid from the trust account, and the judgment...

§ 1101.613

(a) This subchapter does not limit the commission's authority to take disciplinary action against a license or certificate holder for a violation...

§ 1101.614

An aggrieved person who does not comply with this subchapter waives the person's rights under this subchapter.Added by Acts 2001, 77th Leg., ch....

§ 1101.615

(a) Each license and certificate holder shall provide notice to consumers and service recipients of the availability of payment from the trust...

§ 1101.651

(a) A licensed broker may not pay a commission to or otherwise compensate a person directly or indirectly for performing an act of a broker...

§ 1101.652

(a) The commission may suspend or revoke a license issued under this chapter or take other disciplinary action authorized by this chapter if the...

§ 1101.653

The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder:(1) engages in dishonest...

§ 1101.654

(a) The commission shall suspend or revoke the license or certificate of registration of a license or certificate holder who is not a licensed...

§ 1101.655

(a) The commission may revoke a license, approval, or registration issued under this chapter or Chapter 1102 if the commission makes a payment...

§ 1101.656

(a) In addition to any other authority under this chapter, the commission may suspend or revoke a license, place on probation a person whose...

§ 1101.657

(a) If the commission proposes to deny, suspend, or revoke a person's license or certificate of registration, the person is entitled to a hearing...

§ 1101.658

(a) A person aggrieved by a ruling, order, or decision under this subchapter is entitled to appeal to a district court in the county in which the...

§ 1101.659

(a) Subject to Subsection (b), the commission may order a person regulated by the commission to pay a refund to a consumer as provided in an...

§ 1101.660

(a) The commission by rule shall adopt procedures governing informal disposition of a contested case.(b) Rules adopted under this section...

§ 1101.661

The commission may issue a final order in a proceeding under this subchapter or Subchapter O regarding a person whose license has expired during...

§ 1101.662

(a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a...

§ 1101.701

(a) The commission may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued by the commission...

§ 1101.702

(a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs may be considered...

§ 1101.703

(a) If, after investigation of a possible violation and the facts relating to that violation, the administrator determines that a violation has...

§ 1101.704

(a) Not later than the 20th day after the date the person receives the notice under Section 1101.703, the person may:(1) accept the...

§ 1101.705

(a) If the person requests a hearing, the administrator shall set a hearing and give notice of the hearing to the person.(b) An administrative...

§ 1101.706

The administrator shall give notice of the commission's order to the person. The notice must:(1) include the findings of fact and conclusions of...

§ 1101.708

If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the administrator may refer the matter to...

§ 1101.709

(a) If after judicial review the administrative penalty is reduced or is not upheld by the court, the court shall remit the appropriate amount,...

§ 1101.710

A proceeding under this subchapter is subject to Chapter 2001, Government Code.Added by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 35, eff....

§ 1101.751

(a) In addition to any other action authorized by law, the commission may bring an action in its name to enjoin a violation of this chapter or a...

§ 1101.752

(a) In addition to any other action authorized by law, the commission, acting through the attorney general, may bring an action to abate a...

§ 1101.753

(a) In addition to injunctive relief under Sections 1101.751 and 1101.752, a person who receives a commission or other consideration as a result...

§ 1101.754

(a) A person who receives a commission or other consideration as a result of acting as a broker or salesperson without holding a license or...

§ 1101.755

The commission is not required to give an appeal bond in an action to enforce this chapter.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff....

§ 1101.756

(a) A person commits an offense if the person wilfully violates or fails to comply with this chapter or a commission order.(b) An offense under...

§ 1101.757

(a) A person commits an offense if the person engages in business as a residential rental locator in this state without a license issued under...

§ 1101.758

(a) A person commits an offense if the person acts as a broker or salesperson without holding a license under this chapter or engages in an...

§ 1101.759

(a) If it appears to the commission that a person is violating this chapter or Chapter 1102 or a rule adopted under this chapter or Chapter 1102,...

§ 1101.801

Disciplinary action taken against a person under Section 1101.652 does not relieve the person from civil or criminal liability.Added by Acts 2001,...

§ 1101.802

Notwithstanding Section 1101.801, a person is not civilly or criminally liable because the person failed to inquire about, make a disclosure...

§ 1101.803

A licensed broker is liable to the commission, the public, and the broker's clients for any conduct engaged in under this chapter by the broker or...

§ 1101.804

A license holder or nonprofit real estate board or association that provides information about real property sales prices or the terms of a sale...

§ 1101.805

(a) In this section, "party" has the meaning assigned by Section 1101.551.(b) This section prevails over any other law, including common law.(c)...

§ 1101.806

(a) This section does not:(1) apply to an agreement to share compensation among license holders; or(2) limit a cause of action among brokers...

§ 1101.3521

(a) The commission shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of...

§ 1101.4521

An applicant for the renewal of an unexpired license must comply with the criminal history record check requirements of Section 1101.3521.Added by...

§ 1101.5041

An applicant for an original certificate of registration or renewal of a certificate of registration must comply with the criminal history record...

§ 1101.6561

The commission may suspend or revoke an accreditation issued under Subchapter G or take any other disciplinary action authorized by this chapter...

§ 1101.7085

(a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty...

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