Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,667
5587-5800 p. ; 28 cm.View a full description of this periodical.
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1(7) The applicant described under paragraph () of this
subsection shall undergo a criminal history background cheek
(g) This subsection applies to an applicant who is serving on
active duty or is a veteran of the armed forces of the United States.
(1) The commission shall credit any verifiable military ser-
vice, training or education obtained by an applicant that is relevant to
a license toward the requirements of a license.
(2) This subsection does not apply to an applicant who
holds a restricted license issued by another jurisdiction.
(3) The applicant must pass the qualifying examination, if
any, for the type of license sought.
(h) A person applying for license under subsection (f) or (g)
of this section must also:
(1) submit the commission's approved application form for
the type of license sought;
(2) submit the appropriate fee for that application;
(3) submit the supplemental form approved by the commis-
sion applicable to subsection (f) or (g) of this section;
(4) provide proof of professional responsibility as required
by 1102.1141 of Chapter 1102; and
(5) comply with fingerprinting requirements for all license
applicants and satisfy the commission as to the applicant's honesty,
trustworthiness and integrity.
(i) The administrator may issue a license by endorsement in
the same manner as the Texas Commission of Licensing and Regulation
to an applicant under this subsection.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2013.
TRD-201303420
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 936-3092
SUBCHAPTER J. FEES
22 TAC 535.101
The Texas Real Estate Commission (TREC or the commis-
sion) proposes amendments to 535.101 regarding Fees. The
amendments to 535.101 propose a new fee of $40 for prepar-
ing a certificate of active licensure or sponsorship.
The justification for the fee increases is to generate sufficient
revenue to fund operations of the agency and to comply with re-
quirements of Senate Bill 1000, 82nd Texas Legislature, Regular
Session (2011).
Melissa Huerta, Staff Services Director, has determined that for
the first five-year period new 535.101(b)(9) is in effect there will
be fiscal implications for the state, but not to units of local gov-
ernment, as a result of enforcing or administering the paragraph.
Per year, the agency receives approximately 730 requests forpreparing a license history and 30 requests for certificates of ac-
tive licensure or sponsorship for sales and brokers. For FY 2014
through FY 2017, the total estimated revenue increase would be
$1,200 per year. This only reflects the additional revenue that
would be generated from requests for certificates of active licen-
sure or sponsorship history for sales and brokers.
Ms. Huerta has determined that there is no anticipated impact
on local or state employment as a result of implementing the
amendment. The Commission has approximately 141,000 real
estate brokers and salespersons licensed in Texas. It is esti-
mated that nearly all of these licensees are small businesses and
many of them are micro-businesses. The projected economic
impact of this rule amendment on these small businesses will
be negative due to the change of the description of the fee. Un-
der Texas Government Code, 2006.002, an agency is required
to consider alternative regulatory methods only if the alternative
methods would be consistent with the health, safety and environ-
mental and economic welfare of the state. TREC has developed
this proposed rule in accordance with a legislative mandate to
cover all costs of operation under Senate Bill 1000, 82nd Leg-
islature, Regular Session (2011). Consequently, any variance
from the legislative mandate would not be consistent with the
health, safety, and environmental and economic welfare of the
state, and no alternative regulatory methods have been consid-
ered.
Comments on the proposal may be submitted to Loretta R. De-
Hay, General Counsel, Texas Real Estate Commission, P.O. Box
12188, Austin, Texas 78711-2188 or via email to general.coun-
sel@trec.texas.gov. The deadline for comments is 30 days after
publication in the Texas Register.
The amendments are proposed under 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 ensure compliance with the provisions of the Act.
The statute affected by this proposal is Texas Occupations Code,
Chapter 1101. No other statute, code or article is affected by the
proposed amendments.
535.101. Fees.
(a) (No change.)
(b) The commission shall charge and collect the following
fees:
(1) - (8) (No change.)
(9) a fee of $40 for preparing a certificate of license history,
active licensure, or sponsorship;
(10) - (24) (No change.)
(c) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2013.
TRD-201303421PROPOSED RULES August 30, 2013 38 TexReg 5667
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/81/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.