Section 535.53 - Business Entity; Designated Broker(a) Business Entity. (1) A business entity must be qualified to transact business in Texas to receive, maintain, or renew a broker's license.(2) A Franchise Tax Account Status page from the Texas Comptroller of Public Accounts issued within 21 days prior to the date of its license or renewal application constitutes evidence of being qualified to transact business in Texas.(3) A business entity must notify the Commission not later than the 10th day after the date it receives notice that it is not qualified to transact business in Texas.(4) A foreign business entity must meet the additional requirements of § 535.132 of this chapter (relating to Eligibility for Licensure) to be eligible for a broker's license.(b) Designated Broker. (1) For the purposes of qualifying for, maintaining, or renewing a license, a business entity must designate an individual holding an active Texas real estate broker license in good standing with the Commission to act for it.(2) An individual licensed broker is not in good standing with the Commission if:(A) the broker's license is revoked or suspended, including probated revocation or suspension;(B) a business entity licensed by the Commission while the broker was the designated broker for that business entity had its license revoked or suspended, including probated revocation or suspension, in the past two years;(C) the broker has any unpaid or past due monetary obligations to the Commission, including administrative penalties, Real Estate Recovery Trust Account payments, or Real Estate Inspection Recovery Fund payments; or(D) a business entity licensed by the Commission has any unpaid or past due monetary obligations to the Commission, including administrative penalties or Real Estate Recovery Trust Account payments, that were incurred while the broker was the designated broker for the entity.(3) Regardless of the type of business entity, the designated broker must have managing authority for the business entity.(4) The business entity may not act as a broker during any period in which it does not have a designated broker to act for it who meets the requirements of the Act.(5) To obtain or renew a license, or upon any change in the business entity's designated broker, the entity must provide to the Commission:(A) proof of the designated broker's current status as a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner for that entity; and(B) if the designated broker does not own at least 10 percent of the business entity, proof that the business entity maintains errors and omissions insurance:(i) in at least the minimum coverage limits required by the Act; and(ii) that provides coverage for losses due to a violation of the Act or this Chapter.(6) A broker may not act as a designated broker at any time while the broker's license is inactive, expired, suspended, or revoked.22 Tex. Admin. Code § 535.53
The provisions of this §535.53 adopted to be effective January 1, 1976; amended to be effective August 29, 1979, 4 TexReg 2900; amended to be effective September 24, 1993, 18 TexReg 6215; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2004, 28 TexReg 9542; amended to be effective January 1, 2011, 35 TexReg 11677; amended to be effective November 1, 2011, 36 TexReg 7327; amended to be effective June 3, 2012, 37 TexReg 4052; Amended by Texas Register, Volume 40, Number 09, February 27, 2015, TexReg 928, eff. 3/2/2015; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8222, eff. 1/1/2016; Amended by Texas Register, Volume 41, Number 36, September 2, 2016, TexReg 6738, eff. 9/7/2016; Amended by Texas Register, Volume 42, Number 20, May 19, 2017, TexReg 2724, eff. 5/24/2017; Amended by Texas Register, Volume 42, Number 34, August 25, 2017, TexReg 4306, eff. 8/28/2017; Amended by Texas Register, Volume 43, Number 49, December 7, 2018, TexReg 7898, eff. 12/9/2018; Amended by Texas Register, Volume 48, Number 23, June 9, 2023, TexReg 2949, eff. 6/11/2023