Chapter 7 - Subchapter D Flashcards
Sec. 1101.152.
Fees says that the commission will adopt rules to charge and collect fees in amounts reasonable and necessary to cover the costs of administering this chapter. This includes fees for the following:
⦁ Filing an original application for a broker license
⦁ Renewal of a broker license
⦁ Filing an original application for a salesperson license
⦁ Renewal of a salesperson license
⦁ Filing an application for a license examination
⦁ Filing a request for a branch office license
⦁ Filing a request for a change of place of business, change of name, return to active status, or change of sponsoring broker
⦁ Filing a request to replace a lost or destroyed license or certificate of registration
⦁ Filing an application for approval of an education program under Subchapter G
⦁ Annual operation of an education program under Subchapter G
⦁ Transcript evaluation
⦁ Preparing a license or registration history
⦁ Filing an application for a moral character determination
⦁ Conducting a criminal history check for issuing or renewing a license
The commission will adopt rules to set and collect fees in amounts reasonable and necessary to cover the costs of implementing the continuing education requirements for license holders, including a fee for:
⦁ an application for approval of a continuing education provider.
⦁ an application for approval of a continuing education course of study.
Fee Increase describes the circumstances under which the commission may increase fees. The fee for filing an original application for an individual broker license and the fee for renewal of an individual broker license is the amount of the fee set by the commission under Section 1101.152 and a fee increase of $200.
Each $200 fee increase so collected will be distributed as follows:
⦁ $50 will be transmitted to Texas A&M University for deposit in a separate banking account that may be appropriated only to support, maintain, and carry out the purposes, objectives, and duties of the Texas Real Estate Center.
⦁ $50 will be deposited to the credit of the foundation school fund.
⦁ $100 will be deposited to the credit of the general revenue fund.
Sec. 1101.154.
Additional Fee: Texas Real Estate Center states how fees will be collected for renewals.
The fee for the issuance or renewal of a:
⦁ broker license is the amount of the fee set under Section 1101.152 and an additional $20 fee.
⦁ salesperson license is the amount of the fee set under Section 1101.152 and an additional $20 fee.
⦁ certificate of registration is the amount of the fee set under Section 1101.152 and an additional $20 fee.
The commission will transmit quarterly the additional fees collected under this subsection to Texas A&M University for deposit in a separate banking account that may be appropriated only to support, maintain, and carry out the purposes, objectives, and duties of the Texas Real Estate Center.
Sec. 1101.155.
Rules Relating To Contract Forms says that 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 Broker-Lawyer Committee and adopted by the commission. The commission may not prohibit a license holder from using for the sale, exchange, option, or lease of an interest in real property a contract form that is either prepared by the property owner or prepared by an attorney and required by the property owner.
For a licensee, this rule is critical. Using forms that are not prepared by a property owner or prepared by an attorney of a property owner can cost you your license. In addition, adding or changing verbiage to a paragraph on a promulgated form is considered practicing law and will cause a similar outcome.
A listing contract form adopted by the commission that relates to the contractual obligations between a seller of real estate and a license holder acting as an agent for the seller must include both of the following:
⦁ a provision informing the parties to the contract that real estate commissions are negotiable.
⦁ a provision explaining the availability of Texas coastal natural hazards information important to coastal residents, if that information is appropriate.
Sec. 1101.156.
Rules Restricting Advertising or Competitive Bidding says the commission may not adopt a rule restricting advertising or competitive bidding by a person regulated by the commission except to prohibit a false, misleading, or deceptive practice by the person.
The commission may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that does any of the following:
⦁ Restricts the use of any advertising medium
⦁ Restricts the person’s personal appearance or use of the person’s voice in an advertisement
⦁ Relates to the size or duration of an advertisement used by the person
⦁ Restricts the person’s advertisement under a trade name
Sec. 1101.158.
Advisory Committees states that the commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory committee under this section is subject to Section 2110, Government Code. In addition, this section states that:
⦁ A member of an advisory committee who isn’t a member of the commission may not receive compensation for service on the committee. The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions as provided by Section 2110.004, Government Code.
⦁ A member of an advisory committee serves at the will of the commission.
⦁An advisory committee may hold a meeting by telephone conference call or other video or broadcast technology.
⦁ Advisory committee meetings are subject to Chapter 551, Government Code.
Sec. 1101.159.
Use of Technology requires the commission to implement a policy requiring the commission to use appropriate technological solutions to improve the commission’s ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Sec. 1101.160
Negotiated Rulemaking and Alternative Dispute Resolution Procedures describes the following procedures:
Procedure 1
The commission will develop and implement a policy to encourage the use of:
⦁ Negotiated rulemaking procedures under chapter 2008, Government code, for the adoption of commission rules
⦁ Appropriate alternative dispute resolution procedures under chapter 2009, government code, to assist in the resolution of internal and external disputes under the commission’s jurisdiction.
Procedure 2
The commission’s procedure relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issues by the state office of administrative hearings for the use of alternative dispute resolution by state agencies.
Procedure 3
The commission must designate a trained person to:
⦁ Coordinate the implementation of policy described above.
⦁ Serve as a resource for any training needed to implement the procedures for negotiating rulemaking or alternative dispute resolution.
⦁ Collect data concerning the effectiveness of those procedures, as implemented by the commission.
You can read both Government Code Chapter 2008 and Government Code Chapter 2009 in full.
