This section says Chapter 1101 does not apply to several listed people and real estate activities.
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does not apply to: (1) an attorney licensed in this state; (2) an attorney-in-fact authorized under a power of attorney to conduct not more than three real estate transactions annually; (3) a public official while engaged in official duties; (4) an auctioneer licensed under Chapter 1802 while conducting the sale of real estate by auction if the auctioneer does not perform another act of a broker; (5) a person conducting a real estate transaction under a court order or the authority of a will or written trust instrument; (6) 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; (7) an on-site manager of an apartment complex; (8) an owner or the owner's employee who leases the owner's improved or unimproved real estate; (9) a transaction involving: (A) the sale, lease, or transfer of a real property interest in: (i) minerals, mining, or a quarry; (ii) standing timber; or (iii) other energy sources; (B) the sale, lease, or transfer of a cemetery lot; (C) the lease or management of a hotel or motel; or (D) the sale of real property under a power of sale conferred by a deed of trust or other contract lien; (10) the sale, lease, or transfer of real estate owned or leased by or being acquired by or leased to a limited partnership by: (A) a general partner of the limited partnership; (B) an employee of a general partner of the limited partnership who negotiates the transaction in the course of employment; or (C) an employee of the limited partnership who negotiates the transaction in the course of employment; (11) the sale, lease, or transfer of real estate owned or leased by or being acquired by or leased to a limited liability company by: (A) a manager or managing member of the limited liability company; (B) an employee of a manager or managing member of the limited liability company who negotiates the transaction in the course of employment; or (C) an employee or member of the limited liability company who negotiates the transaction in the course of employment; or (12) a person conducting a real estate transaction on behalf of a commercial signage entity. 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. Acts 2025, 89th Leg., R.S., Ch. 147 (S.B. 1172), Sec. 2, eff. May 24, 2025.