Texas Codes

Tex. Occ. Code § 1101.002 (2026)

Definitions

✓ current as of May 2026

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Sec. 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, 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.

(4-a) "Mineral" has the meaning assigned by Section 75.001, Property Code. The term includes oil, gas, related hydrocarbons, coal, lignite, uranium, and substances classified as base, industrial, precious, or strategic minerals.

(4-b) "Other energy source" means a natural resource other than water or a mineral that is necessary to produce energy, including geothermal, nuclear, solar, and wind energy.

(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) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 13(1), eff. January 1, 2026.

(9) "Water" means:

(A) diffused surface water;

(B) groundwater, as defined by Section 36.001, Water Code; or

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.

Acts 2025, 89th Leg., R.S., Ch. 147 (S.B. 1172), Sec. 1, eff. May 24, 2025.

Acts 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 13(1), eff. January 1, 2026.

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 2004–2025 · leading case: Shawn Holloway & Stephanie Holloway v. Flutobo, Inc. D/B/A Keller Williams Realty Ne., 419 S.W.3d 622 (Tex. App. 2013).

Sort: Relevance Newest Treatment

Shawn Holloway & Stephanie Holloway v. Flutobo, Inc. D/B/A Keller Williams Realty Ne., 419 S.W.3d 622 (Tex. App. 2013). · cites it 6× “See Tex. Occ. Code Ann. § 1101.002 (1),(7); Gamble, 893 S.”

Goldman, Mark & Caroline v. Olmstead, Jeffrey & Summer, Sandra Hewett, NRT Texas, LLC, 414 S.W.3d 346 (Tex. App. 2013). “" Tex. Occ.Code Ann § 1101.002(4). A "salesperson” is “a person who is associated with a licensed broker for the purpose of performing” certain specified activities.”

Beatrice Zarate v. Aric Rodriguez Dba Mid-Town Realty, 542 S.W.3d 26 (Tex. App. 2017). “See Tex. Occ. Code Ann. § 1101.002 (1) (defining “Broker”).”

Northborough Corp. Ltd. P'ship v. Cushman & Wakefield of Texas, Inc., 162 S.W.3d 816 (Tex. App. 2005). · cites it 2× “TEX. OCC.CODE § 1101.002(5). The commission agreement between Alliance and Cushman clearly satisfies these requirementsthe agreement is in writing and is signed by the executive vice president of Alliance.”

Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013). · cites it 3× “” Tex. Occ. Code Ann. § 1101.002 (l)(A)(iii).”

James P. Murphy v. Reed Williams, 430 S.W.3d 613 (Tex. App. 2014). · cites it 2× “" Tex. Occ. Code Ann. § 1101.002 (1)(A) (West 2012).”

Texas Real Est. Comm'n v. Bucurenciu, 352 S.W.3d 828 (Tex. App. 2011). · cites it 2× “One such type of interest “given as security” is a “mortgage,” which is defined as “a conveyance of title to property that is given as security for the payment of a debt or the performance of a duty and that will become void upon payment or performance according to the…”

Swor v. Tapp Furniture Co., 146 S.W.3d 778 (Tex. App. 2004). “Tex. Occ.Code Ann. § 1101.351. It is a criminal offense to engage in the business of a real estate broker, or salesperson, without having procured such license.”

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Mgmt., Inc. (Tex. App. 2018). · cites it 7× “35, 36 Statutes Tex. Occ. Code § 1101.001................”

Untitled Texas Attorney Gen. Opinion: KP-0467 (Tex. Att'y Gen. 2024). · cites it 3× “See TEX. OCC. CODE § 1101.002 (“Definitions”).”

Penny Jones v. Maxine Coppinger (Tex. App. 2021). · cites it 2× “TEX.OCC.CODE ANN. §§ 1101.002 (1)(A)(i)(viii); 1101.”

Texas Real Est. Comm'n v. Mariaora Bucurenciu (Tex. App. 2011). · cites it 2× “” TEX. OCC. CODE § 1101.002(5) (emphasis added).”

Show all 20 citing cases →

— Tex. Occ. Code § 1101.002(1) — 4 cases

Shawn Holloway & Stephanie Holloway v. Flutobo, Inc. D/B/A Keller Williams Realty Ne., 419 S.W.3d 622 (Tex. App. 2013). “See Tex. Occ. Code Ann. § 1101.002 (1),(7); Gamble, 893 S.”

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Mgmt., Inc. (Tex. App. 2018). “35, 36 Statutes Tex. Occ. Code § 1101.001................”

Texas Real Est. Comm'n v. Marla Nunally Kaufman Homes, LLC (Tex. App. 2025).

Blue Wave Capital, Llc v. Galeno's Enter., LLC & the Brownsville Reg'l Hosp., Llc (Tex. App. 2013).

— Tex. Occ. Code § 1101.002(1)(A) — 1 case

Untitled Texas Attorney Gen. Opinion: KP-0467 (Tex. Att'y Gen. 2024). “See TEX. OCC. CODE § 1101.002 (“Definitions”).”

— Tex. Occ. Code § 1101.002(1)(A)(iii) — 2 cases

Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013). “” Tex. Occ. Code Ann. § 1101.002 (l)(A)(iii).”

Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks (Tex. App. 2013).

— Tex. Occ. Code § 1101.002(4) — 3 cases

Trinh T. Nguyen v. Terra Nostra Realty Inc. & Rene Castillo (Tex. App. 2022).

Edward Bravenec v. Ed Flores (Tex. App. 2013).

— Tex. Occ. Code § 1101.002(5) — 4 cases

Northborough Corp. Ltd. P'ship v. Cushman & Wakefield of Texas, Inc., 162 S.W.3d 816 (Tex. App. 2005). “TEX. OCC.CODE § 1101.002(5). The commission agreement between Alliance and Cushman clearly satisfies these requirementsthe agreement is in writing and is signed by the executive vice president of Alliance.”

Texas Real Est. Comm'n v. Bucurenciu, 352 S.W.3d 828 (Tex. App. 2011). “One such type of interest “given as security” is a “mortgage,” which is defined as “a conveyance of title to property that is given as security for the payment of a debt or the performance of a duty and that will become void upon payment or performance according to the…”

Texas Real Est. Comm'n v. Mariaora Bucurenciu (Tex. App. 2011). “” TEX. OCC. CODE § 1101.002(5) (emphasis added).”

Untitled Texas Attorney Gen. Opinion: KP-0467 (Tex. Att'y Gen. 2024). “See TEX. OCC. CODE § 1101.002 (“Definitions”).”

— Tex. Occ. Code § 1101.002(l)(A)(iii) — 1 case

Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013). “” Tex. Occ. Code Ann. § 1101.002 (l)(A)(iii).”

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