Texas Occupations Code 1101.653 – Grounds for Suspension or Revocation of Certificate
Terms Used In Texas Occupations Code 1101.653
- Fraud: Intentional deception resulting in injury to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
The commission may suspend or revoke a certificate of registration issued under this chapter if the certificate holder:
(1) engages in dishonest dealing, fraud, unlawful discrimination, or a deceptive act;
(2) makes a misrepresentation;
(3) acts in bad faith;
(4) demonstrates untrustworthiness;
(5) fails to honor, within a reasonable time, a check issued to the commission after the commission has mailed a request for payment to the certificate holder’s last known address according to the commission’s records;
(6) fails to provide to a party to a transaction a written notice prescribed by the commission that:
(A) must be given before the party is obligated to sell, buy, lease, or transfer a right-of-way or easement; and
(B) contains:
(i) the name of the certificate holder;
(ii) the certificate number;
(iii) the name of the person the certificate holder represents;
(iv) a statement advising the party that the party may seek representation from a lawyer or broker in the transaction; and
(v) a statement generally advising the party that the right-of-way or easement may affect the value of the property;
(7) directly or indirectly accepts a financial incentive to make an initial offer that the certificate holder knows or should know is lower than the adequate compensation required under the Texas Constitution; or
(8) disregards or violates this chapter or a commission rule relating to certificate holders.