Texas Codes

Tex. Occ. Code § 1101.351 (2026)

License Required

✓ current as of May 2026

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Sec. 1101.351. LICENSE REQUIRED. (a) Unless a person holds a license issued under this chapter, the person may not:

(1) act as or represent that the person is a broker or sales agent; or

(2) act as a residential rental locator.

(a-1) Unless a business entity holds a license issued under this chapter, the business entity may not act as a broker.

(b) An applicant for a broker or sales agent license may not act as a broker or sales agent until the person receives the license evidencing that authority.

(c) A licensed sales agent may not engage or attempt to engage in real estate brokerage unless the sales agent is sponsored by a licensed broker and is acting for that broker.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1064 (S.B. 747), Sec. 5, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 29, eff. January 1, 2016.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2004–2021 · leading case: Erwin v. Cotter Health Centers, Inc., 133 Wash. App. 143 (Wash. Ct. App. 2006).

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Erwin v. Cotter Health Centers, Inc., 133 Wash. App. 143 (Wash. Ct. App. 2006). “f 26 The trial court concluded that the contract was legal under the laws of Washington.”

Erwin v. Cotter Health Centers, Inc., 135 P.3d 547 (Wash. Ct. App. 2006). “So, regardless of which state's law we apply, the dispositive question is whether Erwin can maintain an action for a commission for the services he provided to Cotter; that is, whether the contract was void for illegality.”

Swor v. Tapp Furniture Co., 146 S.W.3d 778 (Tex. App. 2004). · cites it 2× “6573(a), § 19 (repealed) (current version at Tex. Occ.Code Ann. § 1101.351). Further, Section 20(b) of the Act provides that an action may not be brought for the recovery of a commission for the sale or purchase of real estate unless the agreement on which the action is brought…”

James P. Murphy v. Reed Williams, 430 S.W.3d 613 (Tex. App. 2014). “act as or represent that the person is a broker or salesperson _” Tex. Occ.Code Ann. § 1101.351(a)(1) (West 2012).”

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Mgmt., Inc. (Tex. App. 2018). · cites it 4× “Tex. Occ. Code § 1101.351 Client/Matter: -None- Search Terms: Search Type: 4.”

Erasmo Garcia v. the Texas Real Est. Comm'n & Douglas E. Oldmixon in His Off. Capacity as Adm'r of the Texas Real Est. Comm'n (Tex. App. 2016). “See Tex. Occ. Code § 1101.351(c). 21 43 refers to.”

Penny Jones v. Maxine Coppinger (Tex. App. 2021). “” TEX.OCC.CODE ANN. § 1101.351(c); see also TEX.”

DNCSI Solutions LLC. v. Landmore Inc. (W.D. Va. 2020). “” Tex. Occ. Code Ann. § 1101.351 (a-1) (West 2020).”

Prime Income Asset Mgmt., Inc. & Prime Income Asset Mgmt., LLC v. Marcus & Millichap Real Est. Inv. Servs. of Texas, Inc. (Tex. App. 2014). “, TEX. OCC. CODE ANN. § 1101.351(a-1) (West 2012) (stating business entity may not act as broker unless licensed as broker under RELA).”

— Tex. Occ. Code § 1101.351(a)(1) — 1 case

James P. Murphy v. Reed Williams, 430 S.W.3d 613 (Tex. App. 2014). “act as or represent that the person is a broker or salesperson _” Tex. Occ.Code Ann. § 1101.351(a)(1) (West 2012).”

— Tex. Occ. Code § 1101.351(c) — 3 cases

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Mgmt., Inc. (Tex. App. 2018). “Tex. Occ. Code § 1101.351 Client/Matter: -None- Search Terms: Search Type: 4.”

Penny Jones v. Maxine Coppinger (Tex. App. 2021). “” TEX.OCC.CODE ANN. § 1101.351(c); see also TEX.”

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