PART 23. TEXAS REAL ESTATE COMMISSION
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER E. REQUIREMENTS FOR LICENSURE
The Texas Real Estate Commission adopts on an emergency basis amendments to §535.51 concerning General Requirements by adding new subsections.
The amendments concern the time period for satisfaction of application requirements for persons who reside or whose principal place of business is in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington Counties and who were significantly affected by Hurricane Ike.
The amendments outline the conditions under which the commission will extend the expiration date of the application for a period of four months in order to complete any examination or fingerprinting requirement. The provisions do not apply to any application that expired prior to September 7, 2008.
As a result of the proclamations by the Governor of the State of Texas dated September 7, and 12, 2008, declaring a state of emergency due to Hurricane Ike, the Texas Real Estate Commission has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning emergency rulemaking have been satisfied to adopt amendments to §535.51 concerning General Requirements for applicants for a salesperson or broker license residing or whose principal place of business is in the Texas counties detailed above and who were significantly affected by Hurricane Ike.
The amendments are adopted on an emergency basis under The Real Estate License Act (the Act), Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this adoption are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the adopted amendments.
§535.51.General Requirements.
(a) - (e) (No change.)
(f) By the proclamation issued September 7, 2008, and amended September 12, 2008, by the Governor of the State of Texas and notwithstanding any provisions of the Act or Rules to the contrary, the commission may extend a license or registration application expiration date for an existing applicant who satisfies the following criteria:
(1) the applicant resides or has a primary place of business in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, or Washington County and was significantly impacted by Hurricane Ike;
(2) as a result of the disaster, the applicant is unable to satisfy any examination requirement or provide fingerprints to the Department of Public Safety within six months from the date the application is filed; and
(3) the existing application expires on or before February 28, 2009;
(g) If an applicant meets the criteria in subsection (f) of this section, the expiration date of the application is extended for an additional four month period and the applicant must complete all requirements within such four month period or the application shall be considered void and subject to no further evaluation or processing.
(h) Subsections (f) and (g) of this section do not apply to an application that expired prior to September 7, 2008.
This agency hereby certifies that the emergency adoption 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 February 2, 2009.
TRD-200900399
Loretta R. DeHay
Interim Administrator
Texas Real Estate Commission
Effective Date: February 2, 2009
Expiration Date: March 23, 2009
For further information, please call: (512) 465-3900
The Texas Real Estate Commission adopts on an emergency basis amendments to §535.95 concerning Miscellaneous Provisions Concerning License or Registration Renewals by adding new subsections.
The amendments concern satisfaction of Salesperson Annual Education (SAE), Mandatory Continuing Education, (MCE), fingerprinting requirements, payment of fees, and other renewal requirements for licensees who reside or whose principal place of business is in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington Counties and who were significantly affected by Hurricane Ike.
The amendments outline the conditions under which the Texas Real Estate Commission will defer renewal of licenses for salespersons, broker, and easement and right-of-way agents who are unable to timely renew and otherwise meet all renewal requirements for an active license because of Hurricane Ike. The amendments permit affected real estate salespersons and brokers to take up to four months to complete all of the renewal requirements under Chapter 1101 of the Texas Occupations Code. The extension option will be available only for licensees who satisfy the criteria in the rule and whose licenses expire between September 30, 2008 and February 28, 2009. For licenses that expire after that period, the license renewal is subject to the Texas Real Estate License Act (the Act) and existing Rules. If a licensee fails to pay the renewal fees within the four month period, the license will expire at the end of the four month period. If a licensee fails to get fingerprinted or complete continuing education, the license will go inactive at the end of the four month period until such time that the licensee meets all renewal requirements.
As a result of the proclamations by the Governor of the State of Texas dated September 7, and 12, 2008, declaring a state of emergency due to Hurricane Ike, the Texas Real Estate Commission has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning emergency rulemaking have been satisfied to adopt amendments to §535.95 concerning licensing renewals requirements for licensees residing in or whose principal place of business is in the Texas counties detailed above who were significantly affected by Hurricane Ike.
The amendments are adopted on an emergency basis under the Act, Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this adoption is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the adopted amendments.
§535.95.Miscellaneous Provisions Concerning License or Registration Renewals.
(a) - (e) (No change.)
(f) Renewal requirements for a license or registration significantly impacted by Hurricane Ike. By the proclamation issued September 7, 2008, and amended September 12, 2008, by the Governor of the State of Texas and notwithstanding any provisions of the Act or Rules to the contrary, the commission may defer the renewal requirements for a current license or registration and maintain the license or registration on active status for a licensee or registrant (licensee) who satisfies the following criteria:
(1) the licensee resides or has a primary place of business in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, or Washington County and was significantly impacted by Hurricane Ike;
(2) as a result of the disaster, the licensee is unable to perform one or more of the following renewal requirements before the original expiration date of the current license:
(A) complete all applicable annual or continuing education requirements;
(B) provide fingerprints to the Texas Department of Public Safety; or
(C) pay renewal fees; and
(3) the original expiration date of the current license is between September 30, 2008 and February 28, 2009.
(g) If a licensee subject to subsection (f) of this section is unable to perform any renewal requirement prior to the original expiration date of the current license, the license is extended for an additional four month period and the licensee must complete all renewal requirements within such four month period in order to maintain the license on active status.
(h) If a licensee subject to subsection (f) of this section fails to file the required renewal application and pay the required fee on or before the end of the four month period, the license will expire at the end of the four month period. If, on or before the end of the four month period a licensee has filed the required renewal application and paid the required renewal fee but has failed to complete all applicable annual or continuing education requirements or to provide required fingerprints to the Texas Department of Public Safety, the license will revert to inactive status at the end of the four month period until such time that the licensee completes all renewal requirements.
(i) A license subject to Mandatory Continuing Education (MCE) requirements that is renewed under subsection (f) of this section expires 24 months after the original expiration date of the current license. A license subject to Salesperson Annual Education (SAE) requirements that is renewed under subsection (f) of this section expires 12 months after the original expiration date of the current license. SAE or MCE courses completed after the original expiration date of the current license under subsection (g) of this section may not be applied to meet MCE requirements for the following renewal of the license.
This agency hereby certifies that the emergency adoption 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 February 2, 2009.
TRD-200900400
Loretta R. DeHay
Interim Administrator
Texas Real Estate Commission
Effective Date: February 2, 2009
Expiration Date: March 23, 2009
For further information, please call: (512) 465-3900
The Texas Real Estate Commission adopts on an emergency basis amendments to §535.208 concerning Application for a License and §535.216 concerning Renewal of License by adding new subsections.
The amendments concern satisfaction of renewal and application requirements for home inspector licensees and applicants who reside or whose principal place of business is in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington Counties and who were significantly affected by Hurricane Ike.
The amendments outline the conditions under which the commission will defer renewal of home inspector licenses for licensees who are unable to timely renew and otherwise meet all renewal requirements for an active license because of Hurricane Ike. The amendments permit affected home inspectors to take up to four months to complete all of the renewal requirements under Chapter 1102 of the Texas Occupations Code. The extension option will be available only for licensees who satisfy the criteria in the rule and whose licenses expire between September 30, 2008 and February 28, 2009. For licenses that expire after that date, the license renewal is subject to the Texas Real Estate License Act (the Act) and existing Rules. If a licensee fails to pay the renewal fees within the four month period, the license will expire at the end of the four month period. If a licensee fails to complete continuing education or provide proof of liability insurance coverage, the license will go inactive at the end of the four month period until such time that the licensee meets all renewal requirements.
For persons with pending applications for a home inspector license who are impacted by Hurricane Ike and live or work in the counties described above, the emergency amendments extend the expiration date of the application for a period of four months in order to complete any examination requirement. The provisions do not apply to any application that expired prior to September 7, 2008.
As a result of the proclamations by the Governor of the State of Texas dated September 7, and 12, 2008, declaring a state of emergency due to Hurricane Ike, the Texas Real Estate Commission has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning emergency rulemaking have been satisfied to adopt amendments to §535.208 concerning Application for a License and §535.216 concerning Renewal of License for licensees and applicants residing in or whose principal place of business is in the Texas counties detailed above who were significantly affected by Hurricane Ike.
The amendments are adopted on an emergency basis under the Act, Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.
The statutes affected by this adoption are Texas Occupations Code, Chapter 1101 and Chapter 1102. No other statute, code or article is affected by the adopted amendments.
§535.208.Application for a License.
(a) - (f) (No change.)
(g) By the proclamation issued September 7, 2008, and amended September 12, 2008, by the Governor of the State of Texas and notwithstanding any provisions of the Act or Rules to the contrary, the commission may extend a license or registration application expiration date for an existing applicant who satisfies the following criteria:
(1) the applicant resides or has a primary place of business in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, or Washington County and was significantly impacted by Hurricane Ike;
(2) as a result of the disaster, the applicant is unable to satisfy the examination requirement within six months from the date the application is filed; and,
(3) the existing application expires on or before February 28, 2009.
(h) If an applicant meets the criteria in subsection (g) of this section, the expiration date of the application is extended for an additional four month period and the applicant must satisfy the examination requirement within such four month period or the application shall be considered void and subject to no further evaluation or processing.
(i) Subsections (g) and (h) of this section do not apply to an application that expired prior to September 7, 2008.
§535.216.Renewal of License.
(a) - (f) (No change.)
(g) Renewal requirements for an apprentice, real estate, or professional home inspector significantly impacted by Hurricane Ike. By the proclamation issued September 7, 2008, and amended September 12, 2008, by the Governor of the State of Texas and notwithstanding any provisions of the Act or Rules to the contrary, the commission may defer the renewal requirements for a current license and maintain the license on active status for a licensee who satisfies the following criteria:
(1) the licensee resides or has a primary place of business in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, or Washington County and was significantly impacted by Hurricane Ike;
(2) as a result of the disaster, the licensee is unable to perform one or more of the following renewal requirements before the original expiration date of the current license:
(A) complete all applicable continuing education requirements;
(B) provide proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102; or
(C) pay renewal fees; and,
(3) the original expiration date of the current license is between September 30, 2008 and February 28, 2009.
(h) If a licensee subject to subsection (g) of this section is unable to perform any renewal requirement prior to the original expiration date of the current license, the license is extended for an additional four month period and the licensee must complete all requirements within such four month period.
(i) If a licensee subject to subsection (f) of this section fails to file the required renewal application and pay the required fee on or before the end of the four month period, the license will expire at the end of the four month period. If, on or before the end of the four month period a licensee has filed the required renewal application and paid the required renewal fee but has failed to complete all continuing education requirements or to provide proof of required liability insurance, the license will revert to inactive status at the end of the four month period until such time that the licensee completes all renewal requirements.
(j) A license that is renewed under subsection (g) of this section expires 24 months after the original expiration date of the current license. Continuing education courses completed after the original expiration date of the current license under this provision may not be applied to meet continuing education requirements for the following renewal of the license.
This agency hereby certifies that the emergency adoption 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 February 2, 2009.
TRD-200900401
Loretta R. DeHay
Interim Administrator
Texas Real Estate Commission
Effective Date: February 2, 2009
Expiration Date: March 23, 2009
For further information, please call: (512) 465-3900