Part 23.
TEXAS REAL ESTATE COMMISSION
Chapter 533.
PRACTICE AND PROCEDURE
22 TAC §533.38
The Texas Real Estate Commission (TREC) adopts an amendment
to §533.38 concerning motions for rehearing, modification of order, or
probation without changes to the proposed text as published in the April 26,
2002, issue of the
Texas Register
(27 TexReg
3432).
The amendment changes the procedures for filing a motion for rehearing
before either a staff hearings officer or the members of the commission. Motions
for rehearing will default to the members of the commission in cases where
the person requesting the hearing fails to specify or requests a hearing before
either the presiding officer or the members of the commission.
No comments were received regarding the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 7, 2002.
TRD-200203565
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: June 27, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 465-3900
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
22 TAC §535.63
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.63 concerning education and experience requirements for a license
education without changes to the proposed text as published in the April 26,
2002, issue of the
Texas Register
(27 TexReg
3433). The amendment conforms the rule to the amendments to The Real Estate
License Act made by House Bill 695, 77th Legislature (2001). House Bill 695
increases the number of hours of core real estate courses required for salesperson
and broker applications. Effective with applications filed after December
31, 2001, an applicant for a broker license will be required to complete 18
semester (270 classroom) hours of core real estate courses, an increase of
90 core classroom hours over prior law.
No comments were received regarding the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 7, 2002.
TRD-200203566
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: June 27, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 465-3900
22 TAC §535.65
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.65 concerning changes in ownership or operation of school; presentation
of courses, advertising, and records without changes to the proposed text
as published in the April 26, 2002, issue of the
Texas Register
(27 TexReg 3433).
The amendment permits accredited real estate schools to request MCE credit
to be given to instructors of real estate core courses subject to certain
restrictions.
No comments were received regarding the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 7, 2002.
TRD-200203569
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: June 27, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) adopts amendments
to §535.101 concerning fees paid by licensees and applicants with changes
to the proposed text as published in the April 26, 2002, issue of the
The amendments to subsections 535.101(b)(2) and (b)(4) are adopted in connection
with the passage of S.B. 645 and S.B. 187 by the 77th Legislature (2001),
requiring TREC to participate in an electronic system using the Internet for
licensing. S.B. 645 requires TREC to participate in the electronic licensing
system and pay a subscription fee to the TexasOnline Authority for participation.
S.B. 187 requires TREC to increase renewal fees to cover the cost of the subscription
fees charged by the TexasOnline Authority. Section 535.101 is amended to reflect
the fees that would be effective for broker and salesperson renewals for licenses
expiring on or after September 30, 2002.
The only change from the proposed text is the phrase "not to exceed" is
added to subsection 535.101(b)(4) to clarify that annual renewals of salespersons
licenses subject to salesperson annual education (SAE) requirements will not
be charged the subscription fee costs. Thus, the fee for SAE renewals will
remain at $30 per year.
The amendment to subsection 535.101(b)(5) is necessary to cover the increased
cost of providing licensing examination services for TREC by an independent
contractor.
No comments were received regarding the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
§535.101.Fees.
(a)
Fees for the issuance of a license due to a change of address,
additional place of business or change of sponsoring broker are due when requests
for such licenses are received. A change of address or name submitted with
an application to renew a license, however, does not require payment of a
fee in addition to the fee for renewing the license. If the commission receives
a request for issuance of a license certificate which requires payment of
a fee, and the appropriate fee was not filed with the request, the commission
shall return the request and notify the person filing the request that the
person must pay the fee before the certificate will be issued. The commission
may require written proof of a licensee's right to use a different name prior
to issuing a license certificate reflecting a change of name. As used in this
section, the term "license" includes a certificate of registration.
(b)
The commission shall charge and collect the following fees:
(1)
a fee of $75 for the filing of an original application
for a real estate broker license;
(2)
a fee of $33.50 for annual renewal of a real estate broker
license;
(3)
a fee of $50 for the filing of an original application
for a real estate salesperson license;
(4)
a fee not to exceed $31.50 for annual renewal of a real
estate salesperson license;
(5)
a fee of $59 for taking a license examination;
(6)
a fee of $20 for filing a request for a license for each
additional office or place of business;
(7)
a fee of $20 for filing a request for a license for a change
of place of business change of name, return to active status or change of
sponsoring broker;
(8)
a fee of $20 for filing a request to replace a license
lost or destroyed;
(9)
a fee of $400 for filing an application for accreditation
of an education program under Texas Civil Statutes, Article 6573a (the Act), §7(f);
(10)
a fee of $200 a year for operation of a real estate education
program under the Act, §7(f);
(11)
a fee of $20 for transcript evaluation;
(12)
a fee of $10 for preparing a license history; and
(13)
a fee of $25 for the filing of an application for a moral
character determination.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on June 4, 2002.
TRD-200203474
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: June 24, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 465-3900
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter J. FEES
Subchapter R. REAL ESTATE INSPECTORS