Sec. 1101.360. ELIGIBILITY REQUIREMENTS FOR CERTAIN NONRESIDENT APPLICANTS. (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 sales agent may apply for a license under this chapter not later than six months after expiration of the former license.
(b) A nonresident applicant is subject to the same license requirements as a resident. The commission may refuse to issue a license to a nonresident applicant for the same reasons that it may refuse to issue a license to a resident applicant.
(c) A nonresident applicant must submit with the application an irrevocable consent to a legal action against the applicant in the court of any county in this state in which a cause of action may arise or in which the plaintiff may reside. The action may be commenced by service of process or pleading authorized by the laws of this state or by delivery of process on the executive director or deputy executive director of the commission. The consent must:
(1) stipulate that the service of process or pleading is valid and binding in all courts as if personal service had been made on the nonresident in this state;
(2) be acknowledged; and
(3) if made by a corporation, be authenticated by its seal.
(d) A service of process or pleading served on the commission under this section shall be by duplicate copies. One copy shall be filed in the commission's office, and the other copy shall be forwarded by registered mail to the last known principal address recorded in the commission's records for the nonresident against whom the process or pleading is directed.
(e) A default judgment in an action commenced as provided by this section may not be granted:
(1) unless the commission certifies that a copy of the process or pleading was mailed to the defendant as provided by Subsection (d); and
(2) until the 21st day after the date the process or pleading is mailed to the defendant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 39, eff. January 1, 2016.
Section: Previous 1101.353 1101.354 1101.355 1101.356 1101.357 1101.358 1101.359 1101.360 1101.361 1101.362 1101.363 1101.364 1101.365 1101.366 1101.367 NextLast modified: September 28, 2016