Tex. Occ. Code 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 a commission or other valuable consideration, performs for another person one of the following acts:
(i)
sells, exchanges, purchases, or leases real estate;
(ii)
offers to sell, exchange, purchase, or lease real estate;
(iii)
negotiates or attempts to negotiate the listing, sale, exchange, purchase, or lease of real estate;
(iv)
lists or offers, attempts, or agrees to list real estate for sale, lease, or exchange;
(v)
auctions or offers, attempts, or agrees to auction real estate;
(vi)
deals in options on real estate, including a lease to purchase or buying, selling, or offering to buy or sell options on real estate;
(vii)
aids or offers or attempts to aid in locating or obtaining real estate for purchase or lease;
(viii)
procures or assists in procuring a prospect to effect the sale, exchange, or lease of real estate;
(ix)
procures or assists in procuring property to effect the sale, exchange, or lease of real estate;
(x)
controls the acceptance or deposit of rent from a resident of a single-family residential real property unit;
(xi)
provides a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion:
(a)
is not referred to as an appraisal;
(b)
is provided in the ordinary course of the person’s business; and
(c)
is related to the actual or potential management, acquisition, disposition, or encumbrance of an interest in real property; or
(xii)
advises or offers advice to an owner of real estate concerning the negotiation or completion of a short sale; and

(B)

includes a person who:
(i)
is employed by or for an owner of real estate to sell any portion of the real estate; or
(ii)
engages in the business of charging an advance fee or contracting to collect a fee under a contract that requires the person primarily to promote the sale of real estate by:
(a)
listing the real estate in a publication primarily used for listing real estate; or
(b)
referring information about the real estate to brokers.

(1-a)

“Business entity” means a “domestic entity” or “foreign entity” as those terms are defined by Section 1.002 (Definitions), Business Organizations Code, that is qualified to transact business in this state.

(2)

“Certificate holder” means a person registered under Subchapter K.

(3)

“Commission” means the Texas Real Estate Commission.

(3-a)

“Easement or right-of-way agent” means a person who sells, buys, leases, or transfers an easement or right-of-way for another, for compensation or with the expectation of receiving compensation, for use in connection with telecommunication, utility, railroad, or pipeline service.

(4)

“License holder” means a broker or sales agent licensed under this chapter.

(5)

“Real estate” means any interest in real property, including a leasehold, located in or outside this state. The term does not include an interest given as security for the performance of an obligation.

(6)

“Residential rental locator” means a person who offers for consideration to locate a unit in an apartment complex for lease to a prospective tenant. The term does not include an owner who offers to locate a unit in the owner’s complex.

(7)

“Sales agent” means a person who is sponsored by a licensed broker for the purpose of performing an act described by Subdivision (1).

(8)

“Subagent” means a license holder who:

(A)

represents a principal through cooperation with and the consent of a broker representing the principal; and

(B)

is not sponsored by or associated with the principal’s broker.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.151, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 2, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 67, eff. June 13, 2023.

Source: Section 1101.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1101.­htm#1101.­002 (accessed Feb. 24, 2024).

1101.001
Short Title
1101.002
Definitions
1101.003
Qualifying Real Estate Courses
1101.004
Real Estate Brokerage
1101.005
Applicability of Chapter
1101.006
Application of Sunset Act
1101.0045
Equitable Interests in Real Property
1101.051
Commission Membership
1101.052
Public Member Eligibility
1101.053
Membership and Employee Restrictions
1101.054
Official Oath
1101.0055
Nonapplicability of Law Governing Cancellation of Certain Transactions
1101.055
Terms
1101.056
Officers
1101.057
Grounds for Removal
1101.058
Per Diem
1101.059
Training
1101.060
Quasi-judicial Immunity
1101.061
Educational Presentations
1101.101
Executive Director and Other Personnel
1101.102
Division of Responsibilities
1101.103
Code of Ethics
1101.104
Qualifications and Standards of Conduct Information
1101.105
Career Development Program
1101.106
Equal Employment Opportunity Policy
1101.151
General Powers and Duties of Commission
1101.152
Fees
1101.154
Additional Fee: Texas Real Estate Research Center
1101.155
Rules Relating to Contract Forms
1101.156
Rules Restricting Advertising or Competitive Bidding
1101.157
Subpoena Authority
1101.158
Advisory Committees
1101.159
Use of Technology
1101.160
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
1101.161
Gifts, Grants, and Donations
1101.201
Public Interest Information
1101.202
Complaints
1101.203
Complaint Information
1101.204
Complaint Investigation and Disposition
1101.205
Complaint Investigation of Certificate Holder
1101.206
Public Participation
1101.251
Definition of Committee
1101.252
Committee Membership
1101.253
Terms
1101.254
Powers and Duties
1101.301
Approval of Programs and Courses of Study
1101.302
Bond Required
1101.303
Approval of Continuing Education Provider or Course of Study
1101.304
Examination Passage Rate Data
1101.305
Review Committee
1101.351
License Required
1101.352
License Application
1101.353
Determination of Fitness
1101.354
General Eligibility Requirements
1101.355
Additional General Eligibility Requirements for Business Entities
1101.356
Broker License: Experience and Education Requirements
1101.358
Sales Agent License: Education Requirements
1101.359
Alternate Education Requirements for Certain License Holders
1101.360
Eligibility Requirements for Certain Nonresident Applicants
1101.362
Waiver of License Requirements: Previous License Holders
1101.363
Issuance of License
1101.364
Denial of License
1101.365
Probationary License
1101.366
Inactive License: Broker
1101.367
Inactive License: Sales Agent
1101.401
Examination Required
1101.402
Waiver of Examination
1101.403
Administration of Examination
1101.404
Examination Results
1101.405
Reexamination
1101.451
License Expiration and Renewal
1101.452
Information Required for License Renewal
1101.453
Additional Renewal Requirements for Business Entities
1101.454
Sales Agent License Renewal
1101.455
Continuing Education Requirements
1101.456
Exemption from Continuing Education Requirements for Certain Brokers
1101.457
Deferral of Continuing Education Requirements
1101.458
Additional Education Requirements for Certain License Holders
1101.459
Denial of License Renewal
1101.501
Certificate Required
1101.502
Eligibility Requirements for Certificate
1101.503
Issuance of Certificate
1101.504
Certificate Expiration
1101.505
Denial of Certificate Issuance or Renewal
1101.506
Change of Address
1101.507
Display of Certificate
1101.508
Probationary Certificate
1101.509
Qualifying and Continuing Education Requirements
1101.551
Definitions
1101.552
Fixed Office Required
1101.553
Display of License
1101.554
Copy of Sales Agent License
1101.555
Notice to Buyer Regarding Abstract or Title Policy
1101.556
Disclosure of Certain Information Relating to Occupants
1101.557
Acting as Agent
1101.558
Representation Disclosure
1101.559
Broker Acting as Intermediary
1101.560
Associated License Holder Acting as Intermediary
1101.561
Duties of Intermediary Prevail
1101.601
Real Estate Recovery Trust Account
1101.602
Entitlement to Reimbursement
1101.603
Payments into Trust Account
1101.604
Management of Trust Account
1101.605
Deadline for Action
1101.606
Claim for Payment from Trust Account
1101.607
Issues at Hearing
1101.608
Commission Response
1101.609
Court Order for Payment
1101.610
Payment Limits
1101.611
Application of Judgment Recovery
1101.612
Subrogation
1101.613
Effect on Disciplinary Proceedings
1101.614
Waiver of Rights
1101.615
Notice to Consumers and Service Recipients
1101.651
Certain Practices Prohibited
1101.652
Grounds for Suspension or Revocation of License
1101.653
Grounds for Suspension or Revocation of Certificate
1101.654
Suspension or Revocation of License or Certificate for Unauthorized Practice of Law
1101.655
Revocation of License or Certificate for Claim on Account
1101.656
Additional Disciplinary Authority of Commission
1101.657
Hearing
1101.658
Appeal
1101.659
Refund
1101.660
Informal Proceedings
1101.661
Final Order
1101.662
Temporary Suspension
1101.663
Reapplying After Revocation, Surrender, or Denial
1101.664
Failure to Appear
1101.701
Imposition of Administrative Penalty
1101.702
Amount of Penalty
1101.703
Notice of Violation and Penalty
1101.704
Penalty to Be Paid or Hearing Requested
1101.705
Hearing
1101.706
Notice of Order
1101.707
Options Following Decision: Pay or Appeal
1101.708
Collection of Penalty
1101.709
Remittance of Penalty and Interest
1101.710
Administrative Procedure
1101.751
Injunctive Action Brought by Commission
1101.752
Additional Injunctive Authority
1101.753
Civil Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder
1101.754
Private Cause of Action for Certain Violations by Broker, Sales Agent, or Certificate Holder
1101.755
Appeal Bond Exemption
1101.756
General Criminal Penalty
1101.757
Criminal Penalty for Certain Violations by Residential Rental Locator
1101.758
Criminal Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder
1101.759
Cease and Desist Order
1101.801
Effect of Disciplinary Action on Liability
1101.802
Liability Relating to Hiv Infection or Aids
1101.803
General Liability of Broker
1101.804
Liability for Providing Certain Information
1101.805
Liability for Misrepresentation or Concealment
1101.806
Liability for Payment of Compensation or Commission
1101.2051
Confidentiality of Investigation Material
1101.3015
Fee for Educational Program
1101.3521
Criminal History Record Information Requirement for License
1101.4521
Criminal History Record Information for Renewal
1101.5041
Criminal History Record Information Requirement for Certificate
1101.6011
Applicability to Business Entity
1101.6561
Suspension or Revocation of Educational Program
1101.7015
Delegation of Executive Director’s Authority
1101.7085
Determination by Court

Accessed:
Feb. 24, 2024

§ 1101.002’s source at texas​.gov