Texas Occupations Code

Sec. § 1101.005
Applicability of Chapter

This chapter does not apply to:


an attorney licensed in this state;


an attorney-in-fact authorized under a power of attorney to conduct not more than three real estate transactions annually;


a public official while engaged in official duties;


an auctioneer licensed under Chapter 1802 (Auctioneers) while conducting the sale of real estate by auction if the auctioneer does not perform another act of a broker;


a person conducting a real estate transaction under a court order or the authority of a will or written trust instrument;


a person employed by an owner in the sale of structures and land on which structures are located if the structures are erected by the owner in the course of the owner’s business;


an on-site manager of an apartment complex;


an owner or the owner’s employee who leases the owner’s improved or unimproved real estate; or


a transaction involving:


the sale, lease, or transfer of a mineral or mining interest in real property;


the sale, lease, or transfer of a cemetery lot;


the lease or management of a hotel or motel; or


the sale of real property under a power of sale conferred by a deed of trust or other contract lien.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 62 (H.B. 1236), Sec. 1, eff. May 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 6, eff. January 1, 2016.

Last accessed
Jun. 7, 2021