Tex.
Occ. Code Section 1101.002
Definitions
(1)
“Broker”:(A)
means a person who, in exchange for a commission or other valuable consideration or with the expectation of receiving a commission or other valuable consideration, performs for another person one of the following acts:(i)
sells, exchanges, purchases, or leases real estate;(ii)
offers to sell, exchange, purchase, or lease real estate;(iii)
negotiates or attempts to negotiate the listing, sale, exchange, purchase, or lease of real estate;(iv)
lists or offers, attempts, or agrees to list real estate for sale, lease, or exchange;(v)
auctions or offers, attempts, or agrees to auction real estate;(vi)
deals in options on real estate, including a lease to purchase or buying, selling, or offering to buy or sell options on real estate;(vii)
aids or offers or attempts to aid in locating or obtaining real estate for purchase or lease;(viii)
procures or assists in procuring a prospect to effect the sale, exchange, or lease of real estate;(ix)
procures or assists in procuring property to effect the sale, exchange, or lease of real estate;(x)
controls the acceptance or deposit of rent from a resident of a single-family residential real property unit;(xi)
provides a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion:(a)
is not referred to as an appraisal;(b)
is provided in the ordinary course of the person’s business; and(c)
is related to the actual or potential management, acquisition, disposition, or encumbrance of an interest in real property; or(xii)
advises or offers advice to an owner of real estate concerning the negotiation or completion of a short sale; and(B)
includes a person who:(i)
is employed by or for an owner of real estate to sell any portion of the real estate; or(ii)
engages in the business of charging an advance fee or contracting to collect a fee under a contract that requires the person primarily to promote the sale of real estate by:(a)
listing the real estate in a publication primarily used for listing real estate; or(b)
referring information about the real estate to brokers.(1-a)
“Business entity” means a “domestic entity” or “foreign entity” as those terms are defined by Section 1.002 (Definitions), Business Organizations Code, that is qualified to transact business in this state.(2)
“Certificate holder” means a person registered under Subchapter K.(3)
“Commission” means the Texas Real Estate Commission.(3-a)
“Easement or right-of-way agent” means a person who sells, buys, leases, or transfers an easement or right-of-way for another, for compensation or with the expectation of receiving compensation, for use in connection with telecommunication, utility, railroad, or pipeline service.(4)
“License holder” means a broker or sales agent licensed under this chapter.(5)
“Real estate” means any interest in real property, including a leasehold, located in or outside this state. The term does not include an interest given as security for the performance of an obligation.(6)
“Residential rental locator” means a person who offers for consideration to locate a unit in an apartment complex for lease to a prospective tenant. The term does not include an owner who offers to locate a unit in the owner’s complex.(7)
“Sales agent” means a person who is sponsored by a licensed broker for the purpose of performing an act described by Subdivision (1).(8)
“Subagent” means a license holder who:(A)
represents a principal through cooperation with and the consent of a broker representing the principal; and(B)
is not sponsored by or associated with the principal’s broker.
Source:
Section 1101.002 — Definitions, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1101.htm#1101.002
(accessed Apr. 20, 2024).