SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1101.001 - Short Title
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.
- Texas Section 1101.002 - Definitions
In this chapter: (1) "Broker": (A) means a person who, in exchange for a commission or other valuable consideration or with the expectation of receiving...
- Texas Section 1101.003 - Qualifying Real Estate Courses
(a) For purposes of this chapter, "qualifying real estate courses" include: (1) agency law, which includes the following topics: (A) the relationship between a principal...
- Texas Section 1101.004 - Real Estate Brokerage
(a) A person is engaged in real estate brokerage if the person, with the expectation of receiving valuable consideration, directly or indirectly performs or offers,...
- Texas Section 1101.005 - Applicability Of Chapter
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 not...
- Texas Section 1101.0055 - Nonapplicability Of Law Governing Cancellation Of Certain Transactions
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,...
SUBCHAPTER B TEXAS REAL ESTATE COMMISSION
- Texas Section 1101.006 - Application Of Sunset Act
The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the...
- Texas Section 1101.051 - Commission Membership
(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)...
- Texas Section 1101.052 - Public Member Eligibility
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,...
- Texas Section 1101.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 1101.054 - Official Oath
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...
- Texas Section 1101.055 - Terms; Vacancy
(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 vacancy occurs...
- Texas Section 1101.056 - Officers
(a) The governor shall designate a commission member who is a licensed broker as presiding officer. The presiding officer serves in that capacity at the...
- Texas Section 1101.057 - Grounds For Removal
(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...
- Texas Section 1101.058 - Per Diem; Reimbursement
(a) A commission member is entitled to receive: (1) $75 for each day the member performs the member's official duties; and (2) reimbursement for actual...
- Texas Section 1101.059 - Training
(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...
- Texas Section 1101.060 - Quasi-judicial Immunity
A member of the commission is entitled to quasi-judicial immunity from suit for an action that: (1) is taken as a member of the commission;...
SUBCHAPTER C EXECUTIVE DIRECTOR AND OTHER COMMISSION PERSONNEL
- Texas Section 1101.061 - Educational Presentations
(a) A member of the commission or a commission employee may make a presentation to a group of license holders for which the license holders...
- Texas Section 1101.101 - Executive Director And Other Personnel
(a) The commission shall appoint an executive director. (b) The commission may designate a subordinate officer as deputy executive director to act for the executive...
- Texas Section 1101.102 - Division Of Responsibilities
The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and...
- Texas Section 1101.103 - Code Of Ethics; Standards Of Conduct
Each member, officer, employee, and agent of the commission is subject to the code of ethics and standards of conduct imposed by Chapter 572, Government...
- Texas Section 1101.104 - Qualifications And Standards Of Conduct Information
The commission shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter...
- Texas Section 1101.105 - Career Development Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career development program. The program must require intra-agency postings of all nonentry...
SUBCHAPTER D COMMISSION POWERS AND DUTIES
- Texas Section 1101.106 - Equal Employment Opportunity Policy; Report
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity...
- Texas Section 1101.151 - General Powers And Duties Of Commission
(a) The commission shall: (1) administer this chapter and Chapter 1102; (2) adopt rules and establish standards relating to permissible forms of advertising by a...
- Texas Section 1101.152 - Fees
Sec. 1101.152. FEES. (a) The commission shall adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering...
- Texas Section 1101.154 - Additional Fee: Texas Real Estate Research Center
(a) The fee for the issuance or renewal of a: (1) broker license is the amount of the fee set under Section 1101.152 and an...
- Texas Section 1101.155 - Rules Relating To Contract Forms
(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 Estate...
- Texas Section 1101.156 - Rules Restricting Advertising Or Competitive Bidding
(a) The commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to prohibit a false,...
- Texas Section 1101.157 - Subpoena Authority
(a) The commission may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for examination under oath; and (2) the production for...
- Texas Section 1101.158 - Advisory Committees
(a) The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory committee under this section...
- Texas Section 1101.159 - Use Of Technology
The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy...
- Texas Section 1101.160 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
(a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 1101.161 - Gifts, Grants, And Donations
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...
- Texas Section 1101.201 - Public Interest Information
(a) The commission shall prepare information of public interest describing the functions of the commission. (b) The commission shall make the information available to the...
- Texas Section 1101.202 - Complaints
(a) The commission by rule shall: (1) prescribe a notice containing the name, mailing address, and telephone number of the commission for the purpose of...
- Texas Section 1101.203 - Complaint Information
(a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain a file on...
- Texas Section 1101.204 - Complaint Investigation And Disposition
(a) The commission or commission staff may file a complaint and conduct an investigation as necessary to enforce this chapter, Chapter 1102, or a rule...
- Texas Section 1101.205 - Complaint Investigation Of Certificate Holder
The commission shall investigate a signed complaint received by the commission that relates to an act of a certificate holder or a person required to...
- Texas Section 1101.2051 - Confidentiality Of Investigation Material
(a) Information or material, including an investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of...
SUBCHAPTER F TEXAS REAL ESTATE BROKER-LAWYER COMMITTEE
- Texas Section 1101.206 - Public Participation
(a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on...
- Texas Section 1101.251 - Definition Of Committee
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, 2003.
- Texas Section 1101.252 - Committee Membership
(a) The Texas Real Estate Broker-Lawyer Committee consists of 13 members appointed as follows: (1) six members appointed by the commission; (2) six members of...
- Texas Section 1101.253 - Terms; Vacancies
(a) Committee members serve staggered six-year terms, with the terms of two commission appointees and two State Bar of Texas appointees expiring every two years...
SUBCHAPTER G APPROVAL OF REAL ESTATE EDUCATIONAL PROGRAMS AND COURSES OF STUDY
- Texas Section 1101.254 - Powers And Duties
(a) In addition to other delegated powers and duties, the committee shall draft and revise contract forms that are capable of being standardized to expedite...
- Texas Section 1101.301 - Approval Of Programs And Courses Of Study
(a) The commission, as necessary for the administration of this chapter and Chapter 1102, may by rule establish standards for the approval of qualifying educational...
- Texas Section 1101.3015 - Fee For Educational Program
(a) Except as provided by Subsection (b), the commission may not charge more than one fee for the approval of an application to offer an...
- Texas Section 1101.302 - Bond Required
(a) In this section, "educational institution" means a school, excluding an accredited college or university, authorized by the commission under this chapter to offer a...
- Texas Section 1101.303 - Approval Of Continuing Education Provider Or Course Of Study
(a) If the commission determines that an applicant for approval as a continuing education provider satisfies the requirements of this subchapter or Section 1102.205 and...
- Texas Section 1101.304 - Examination Passage Rate Data
(a) The commission shall adopt rules regarding the collection and publication of data relating to examination passage rates for graduates of educational programs approved under...
SUBCHAPTER H LICENSE REQUIREMENTS
- Texas Section 1101.305 - Review Committee
Sec. 1101.305. REVIEW COMMITTEE. (1) Expired. (2) Expired. (3) Expired. (4) Expired. (a) The commission may appoint a committee to review the performance of an...
- Texas Section 1101.351 - License Required
(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...
- Texas Section 1101.352 - License Application
(a) Each applicant for a broker or sales agent license must submit an application on a form prescribed by the commission. (b) Each applicant for...
- Texas Section 1101.3521 - Criminal History Record Information Requirement For License
(a) The commission shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints,...
- Texas Section 1101.353 - Moral Character Determination
(a) If before applying for a license under this chapter a person requests that the commission determine whether the person's moral character complies with the...
- Texas Section 1101.354 - General Eligibility Requirements
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...
- Texas Section 1101.355 - Additional General Eligibility Requirements For Business Entities
(a) To be eligible for a license under this chapter, a business entity must: (1) designate one of its managing officers as its broker for...
- Texas Section 1101.356 - Broker License: Experience And Education Requirements
(a) An applicant for a broker license must provide to the commission satisfactory evidence that the applicant: (1) has had at least four years of...
- Texas Section 1101.357 - Broker License: Alternate Experience Requirements For Certain Applicants
An applicant for a broker license who does not satisfy the experience requirements of Section 1101.356 must provide to the commission satisfactory evidence that: (1)...
- Texas Section 1101.358 - Sales Agent License: Education Requirements
(a) An applicant for a sales agent license must provide to the commission satisfactory evidence that the applicant has completed at least 12 semester hours,...
- Texas Section 1101.359 - Alternate Education Requirements For Certain License Holders
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 sales agent license...
- Texas Section 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...
- Texas Section 1101.361 - Additional Eligibility Requirements For Certain Nonresident Applicants
(a) Notwithstanding Section 1101.360, a nonresident applicant for a license who resides in a municipality whose boundary is contiguous at any point with the boundary...
- Texas Section 1101.362 - Waiver Of License Requirements: Previous License Holders
The commission by rule may waive some or all of the requirements for a license under this chapter for an applicant who was licensed under...
- Texas Section 1101.363 - Issuance Of License
(a) The commission shall issue an appropriate license to an applicant who meets the requirements for a license. (b) The commission may issue an inactive...
- Texas Section 1101.364 - Denial Of License
(a) The commission shall immediately give written notice to the applicant of the commission's denial of a license. (b) A person whose license application is...
- Texas Section 1101.365 - Probationary License
(a) The commission may issue a probationary license. (b) The commission by rule shall adopt reasonable terms for issuing a probationary license. Added by Acts...
- Texas Section 1101.366 - Inactive License: Broker
(a) The commission may place on inactive status the license of a broker if the broker: (1) is not acting as a broker; (2) is...
SUBCHAPTER I EXAMINATIONS
- Texas Section 1101.367 - Inactive License: Sales Agent
(a) When the relationship of a sales agent with the sales agent's sponsoring broker terminates, the terminating party shall immediately notify in writing both the...
- Texas Section 1101.401 - Examination Required
(a) The competency requirement prescribed under Section 1101.354(3) shall be established by an examination prepared or contracted for by the commission. (b) The commission shall...
- Texas Section 1101.402 - Waiver Of Examination
The commission shall waive the examination requirement for an applicant for a broker or sales agent license if: (1) the applicant was previously licensed in...
- Texas Section 1101.403 - Administration Of Examination; Testing Service
(a) The commission shall administer any examination required by this chapter or Chapter 1102 unless the commission enters into an agreement with a testing service...
- Texas Section 1101.404 - Examination Results
(a) Not later than the 10th day after the date an examination is administered, the commission or the testing service shall notify each examinee of...
- Texas Section 1101.405 - Reexamination
(a) An applicant who fails an examination may apply for reexamination by filing a request accompanied by the proper fee. (b) An applicant who fails...
SUBCHAPTER J LICENSE RENEWAL
- Texas Section 1101.406 - Guidelines; Study Guides
(a) The commission shall: (1) publish guidelines and examination study guides; (2) make the guidelines and study guides available to applicants; and (3) update the...
- Texas Section 1101.451 - License Expiration And Renewal
(a) The commission may issue or renew a license for a period of 24 months. (b) The commission by rule may adopt a system under...
- Texas Section 1101.452 - Information Required For License Renewal
(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 commission...
- Texas Section 1101.4521 - Criminal History Record Information For Renewal
An applicant for the renewal of an unexpired license must comply with the criminal history record check requirements of Section 1101.3521. Added by Acts 2007,...
- Texas Section 1101.453 - Additional Renewal Requirements For Business Entities
(a) To renew a license under this chapter, a business entity must: (1) designate one of its managing officers as its broker for purposes of...
- Texas Section 1101.454 - Sales Agent License Renewal
(a) An applicant applying for the first renewal of a sales agent license must provide to the commission satisfactory evidence of completion of at least...
- Texas Section 1101.455 - Continuing Education Requirements
(a) In this section, "property tax consulting laws and legal issues" includes the Tax Code, preparation of property tax reports, the unauthorized practice of law,...
- Texas Section 1101.456 - Exemption From Continuing Education Requirements For Certain Brokers
Notwithstanding any other provision of this chapter, a broker who, before October 31, 1991, qualified under former Section 7A(f), The Real Estate License Act (Article...
- Texas Section 1101.457 - Deferral Of Continuing Education Requirements
(a) The commission by rule may establish procedures under which an applicant may have the applicant's license issued, renewed, or returned to active status before...
SUBCHAPTER K CERTIFICATE REQUIREMENTS
- Texas Section 1101.458 - Additional Education Requirements For Certain License Holders
(a) A designated broker for a business entity licensed under this chapter, a broker who sponsors a sales agent, or a license holder who supervises...
- Texas Section 1101.501 - Certificate Required
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 compensation, for...
- Texas Section 1101.502 - Eligibility Requirements For Certificate
(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...
- Texas Section 1101.503 - Issuance Of Certificate
(a) The commission shall issue a certificate of registration to an applicant who meets the requirements for a certificate of registration. (b) The certificate remains...
- Texas Section 1101.504 - Certificate Expiration
The duration, expiration, and renewal of a certificate of registration are subject to the same provisions as are applicable under Section 1101.451 to the duration,...
- Texas Section 1101.5041 - Criminal History Record Information Requirement For Certificate
An applicant for an original certificate of registration or renewal of a certificate of registration must comply with the criminal history record check requirements of...
- Texas Section 1101.505 - Denial Of Certificate
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 license....
- Texas Section 1101.506 - Change Of Address
Not later than the 10th day after the date a certificate holder moves its place of business from a previously designated address, the holder shall:...
SUBCHAPTER L PRACTICE BY LICENSE HOLDER
- Texas Section 1101.507 - Display Of Certificate
A certificate holder shall prominently display at all times the holder's certificate of registration in the holder's place of business. Added by Acts 2001, 77th...
- Texas Section 1101.551 - Definitions
In this subchapter: (1) "Intermediary" means a broker who is employed to negotiate a transaction between the parties to a transaction and for that purpose...
- Texas Section 1101.552 - Fixed Office Required; Change Of Address; Branch Offices
(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)...
- Texas Section 1101.553 - Display Of License
A residential rental locator shall prominently display in a place accessible to clients and prospective clients: (1) the locator's license; (2) a statement that the...
- Texas Section 1101.554 - Copy Of Sales Agent License
The commission shall deliver a copy of each sales agent license to the broker that is sponsoring the sales agent. Added by Acts 2001, 77th...
- Texas Section 1101.555 - Notice To Buyer Regarding Abstract Or Title Policy
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:...
- Texas Section 1101.556 - Disclosure Of Certain Information Relating To Occupants
Notwithstanding other law, a license holder is not required to inquire about, disclose, or release information relating to whether: (1) a previous or current occupant...
- Texas Section 1101.557 - Acting As Agent; Regulation Of Certain Transactions
(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...
- Texas Section 1101.558 - Representation Disclosure
(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016. (1) Expired. (2) Expired. (b) A license holder...
- Texas Section 1101.559 - Broker Acting As Intermediary
(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...
- Texas Section 1101.560 - Associated License Holder Acting As Intermediary
(a) A broker who complies with the written consent requirements of Section 1101.559 may appoint: (1) a license holder associated with the broker to communicate...
SUBCHAPTER M REAL ESTATE RECOVERY TRUST ACCOUNT
- Texas Section 1101.561 - Duties Of Intermediary Prevail
(a) The duties of a license holder acting as an intermediary under this subchapter supersede the duties of a license holder established under any other...
- Texas Section 1101.601 - Real Estate Recovery Trust Account
(a) The commission shall maintain a real estate recovery trust account to reimburse aggrieved persons who suffer actual damages caused by an act described by...
- Texas Section 1101.6011 - Applicability To Business Entity
For purposes of this subchapter, a claim against a business entity license holder is also a claim against the broker who is the business entity's...
- Texas Section 1101.602 - Entitlement To Reimbursement
An aggrieved person is entitled to reimbursement from the trust account if a person described by Section 1101.601 engages in conduct that requires a license...
- Texas Section 1101.603 - Payments Into Trust Account
(a) In addition to other fees required by this chapter, the commission shall collect a fee of $10 to deposit to the credit of the...
- Texas Section 1101.604 - Management Of Trust Account
(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...
- Texas Section 1101.605 - Deadline For Action; Notice To Commission
(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...
- Texas Section 1101.606 - Claim For Payment From Trust Account
(a) Except as provided by Subsections (c) and (c-1), an aggrieved person who obtains a court judgment against a license or certificate holder for an...
- Texas Section 1101.607 - Issues At Hearing
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...
- Texas Section 1101.608 - Commission Response
(a) On receipt of notice under Section 1101.606, the commission may agree to pay all or part of the claim without a hearing. If the...
- Texas Section 1101.609 - Court Order For Payment
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...
- Texas Section 1101.610 - Payment Limits; Attorney's Fees
(a) Payments from the trust account for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a...
- Texas Section 1101.611 - Application Of Judgment Recovery
An aggrieved person who receives a recovery on a judgment against a single defendant before receiving a payment from the trust account must apply the...
- Texas Section 1101.612 - Subrogation
(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...
- Texas Section 1101.613 - Effect On Disciplinary Proceedings
(a) This subchapter does not limit the commission's authority to take disciplinary action against a license or certificate holder for a violation of this chapter...
- Texas Section 1101.614 - Waiver Of Rights
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. 1421,...
SUBCHAPTER N PROHIBITED PRACTICES AND DISCIPLINARY PROCEEDINGS
- Texas Section 1101.615 - Notice To Consumers And Service Recipients
(a) The commission by rule shall prescribe a notice regarding the availability of payment from the trust account for aggrieved persons and establish methods by...
- Texas Section 1101.651 - Certain Practices Prohibited
(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...
- Texas Section 1101.652 - Grounds For Suspension Or Revocation Of License
(a) The commission may suspend or revoke a license issued under this chapter or Chapter 1102 or take other disciplinary action authorized by this chapter...
- Texas Section 1101.653 - Grounds For Suspension Or Revocation Of Certificate
The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder: (1) engages in dishonest dealing, fraud, unlawful...
- Texas Section 1101.654 - Suspension Or Revocation Of License Or Certificate For Unauthorized Practice Of Law
(a) The commission shall suspend or revoke the license or certificate of registration of a license or certificate holder who is not a licensed attorney...
- Texas Section 1101.655 - Revocation Of License Or Certificate For Claim On Account
(a) The commission shall revoke a license, approval, or registration issued under this chapter or Chapter 1102 if: (1) the commission makes a payment from...
- Texas Section 1101.656 - Additional Disciplinary Authority Of Commission
(a) In addition to any other authority under this chapter, the commission may suspend or revoke a license, place on probation a person whose license...
- Texas Section 1101.6561 - Suspension Or Revocation Of Educational Program
The commission may suspend or revoke the approval to offer a program or course of study issued under Subchapter G or take any other disciplinary...
- Texas Section 1101.657 - Hearing
(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 conducted...
- Texas Section 1101.658 - Appeal
(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...
- Texas Section 1101.659 - Refund
(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...
- Texas Section 1101.660 - Informal Proceedings
(a) The commission by rule shall adopt procedures governing informal disposition of a contested case. (b) Rules adopted under this section must: (1) provide the...
- Texas Section 1101.661 - Final Order
The commission may issue a final order in a proceeding under this subchapter or Subchapter O regarding a person whose license has expired. Added by...
- Texas Section 1101.662 - Temporary Suspension
(a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice...
- Texas Section 1101.663 - Reapplying After Revocation, Surrender, Or Denial
A person whose license or registration has been revoked, a person who has surrendered a license or registration issued by the commission, or a person...
SUBCHAPTER O ADMINISTRATIVE PENALTY
- Texas Section 1101.664 - Failure To Appear; Costs
(a) If a respondent receives proper notice of a contested case hearing but does not appear in person at the hearing, the administrative law judge...
- Texas Section 1101.701 - Imposition Of Administrative Penalty
(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...
- Texas Section 1101.7015 - Delegation Of Executive Director's Authority
The commission may authorize the executive director to delegate to another commission employee the executive director's authority to act under this subchapter. Added by Acts...
- Texas Section 1101.702 - Amount Of Penalty
(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 a...
- Texas Section 1101.703 - Notice Of Violation And Penalty
If, after investigation of a possible violation and the facts relating to that violation, the executive director determines that a violation has occurred, the executive...
- Texas Section 1101.704 - Penalty To Be Paid Or Hearing Requested
(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 executive...
- Texas Section 1101.705 - Hearing; Decision
(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...
- Texas Section 1101.706 - Notice Of Order
The executive director shall give notice of the commission's order to the person. The notice must: (1) include the findings of fact and conclusions of...
- Texas Section 1101.707 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the commission's order becomes final, the person shall: (1) pay the administrative penalty; or (2)...
- Texas Section 1101.708 - Collection Of Penalty
(a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the...
- Texas Section 1101.7085 - Determination By Court
(a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 1101.709 - Remittance Of Penalty And Interest
(a) If after judicial review the administrative penalty is reduced or is not upheld by the court, the court shall remit the appropriate amount, plus...
SUBCHAPTER P OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1101.710 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 35,...
- Texas Section 1101.751 - Injunctive Action Brought By Commission
(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...
- Texas Section 1101.752 - Additional Injunctive Authority
(a) In addition to any other action authorized by law, the commission, acting through the attorney general, may bring an action to abate a violation...
- Texas Section 1101.753 - Civil Penalty For Certain Violations By Broker, Sales Agent, Or Certificate Holder
(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 of acting...
- Texas Section 1101.754 - Private Cause Of Action For Certain Violations By Broker, Sales Agent, Or Certificate Holder
(a) A person who receives a commission or other consideration as a result of acting as a broker or sales agent without holding a license...
- Texas Section 1101.755 - Appeal Bond Exemption
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,...
- Texas Section 1101.756 - General Criminal Penalty
(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...
- Texas Section 1101.757 - Criminal Penalty For Certain Violations By Residential Rental Locator
(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...
- Texas Section 1101.758 - Criminal Penalty For Certain Violations By Broker, Sales Agent, Or Certificate Holder
(a) A person commits an offense if the person acts as a broker or sales agent without holding a license under this chapter or engages...
SUBCHAPTER Q GENERAL PROVISIONS RELATING TO LIABILITY ISSUES
- Texas Section 1101.759 - Cease And Desist Order
(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...
- Texas Section 1101.801 - Effect Of Disciplinary Action On Liability
Disciplinary action taken against a person under Section 1101.652 does not relieve the person from civil or criminal liability. Added by Acts 2001, 77th Leg.,...
- Texas Section 1101.802 - Liability Relating To Hiv Infection Or Aids
Notwithstanding Section 1101.801, a person is not civilly or criminally liable because the person failed to inquire about, make a disclosure relating to, or release...
- Texas Section 1101.803 - General Liability Of Broker
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...
- Texas Section 1101.804 - Liability For Providing Certain Information
A license holder or nonprofit real estate board or association that provides information about real property sales prices or the terms of a sale for...
- Texas Section 1101.805 - Liability For Misrepresentation Or Concealment
(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) This...
- Texas Section 1101.806 - Liability For Payment Of Compensation Or Commission
(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...