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TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER CEXEMPTIONS TO REQUIREMENTS OF LICENSURE
RULE §535.34Salespersons Employed by an Owner of Land and Structures Erected by the Owner
(a) As referenced in §1101.5(6) of the Act, "salesperson, employed by an owner" means a person employed and directly compensated by an owner. An independent contractor is not an employee.

(b) Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid another person is considered evidence of employment.

Source Note: The provisions of this §535.34 adopted to be effective October 27, 1978, 3 TexReg 3654; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2011, 35 TexReg 11676 

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