DocketNumber: V-957
Judges: Price Daniel
Filed Date: 7/2/1949
Status: Precedential
Modified Date: 2/18/2017
r Ron. L. D. Ransom Rxecutive Secretary Texas Real Eatate Commlsslon Austin, Texas Opinion Bo. v-957 Re: The authority of Texas Real Estate Comialss~onto Issue a corrected llcenae with- out a new appllcatlonfee when a licenseelshame has been changed by marriage or by corporateamendment. Dear Mr. Ransom: Your letter of recent datb requests 'ouropinion * . . aa to whether or not It Is nec'es- sary &r neiireal estate licenses to be Issued vhen female holders thereof chmige their name by,marriage, and when corporationholders thereof change their name by corporateamend- ment. "Situation~(a).A real eatate dealer's license was Issued to a single female for the year 19(rgin her maiden name. Subsequent to said Issuance said single female'marrledand acquired the name of her husband. Said female' holder of said real estate dealer's liceus& h&isrequested that her said real estate dealer's license be cwged from her maiden name to her ptiesentmarried name. "Question.May this office issue~saidfe- male holder a corrected license, or should we require said Individual to make a neu appllca- tion for a real estate dealer's license for the remainder of the year 1949 and pay addltlon- al fee of $10.007 Hon. L. D. Rausom, Page 2 (v-957) "Situation (b). A Texas corporationwas Issued a real estate dealer's license in the name of said corporation,with a certain deal- gnated officer of said corporationas agent dealer, as required by law, for the year 1949. Subsequent to the Issuance of said real estate dealer's license said corporationduly amend- ed Its charter in the mode and manner requlr- ed by statute and, among other things, chang- ed Its corporatename. The officers,direc- tors and stockholderswere in no way affected by said amendment changing said name. Said cor- poration has requested this office to issue it a corrected real estate dealer's license for the remainder of the year 1949, showing its new cor- porate name and the same officer as Its agent dealer. "Question.May thla office Issue a cor- rected license to said corporation,showing Its corrected name, or should this office require said corporation,under its new name, to make application for a real estate dealer's license for the remainder of the year 1949, and pay an additional fee? "Comment. It is to be noted that the a- bove mentioned female has furnished us a certi- fled copg of her marriage certificate,which sub- stantiatesher marriage and change bf name and shows that she Is one and the same person who had a real estate dealer's license under her maid- en name while she was single. "It la fwther noted that said corporation referred to above has furnished this office with a certified copy of its amendment, changing Its corporatename, as approved and filed by the' Charter Division of the Office of S&cretary.of State, and that said corporation,under its new name, is one and the same corporationwhich held a real estate dealer's license for the year 1949 under its corporate name prior to amendment,and that the officers, directors and properties of said corporationwere in no wag changed or affect- ed by said amendment which changed its corporate name." Hon. L. D. Ransom, Page 3 (V-957) The object of a license Is to confer a right or power upon the licensee to,engage In the businass of a real eatate dealer. The authority of the Texas Real Estate Commlsslon to Issue such a license is found in Article 6573s Vernon's Civil Statutes, as amended. Un- less the applicant receives such a license he Is not per- mitted to engage In the business of a real estate deal.er. The certificate or license is merely evidence of this "power or right of the individual or corporationto engage in such business. The right of the individual or corpora- tion to engage In the business of a real estate dealer Is conferred on him when he meets the qualificationsset forth In the statutes and receives the approval of the Commlasion. The mere certificateor llcenae is Issued by the Commission to reflect the fact that the applicant has met the eligibilityrequirementsof the statute and has received the approval of the Commission. The atat- ute authorizes just one fee and that is the fee~~l;sby the applicant at the time of'his application. suance of another certificateeither to the individual or to the corporationbecause a change In name does not, in the absence,of an authorizationstatute, justify the Commission In charging the same fee as Is authorized for the granting of the original privilege. NFees allowed a public officer are matters of strict law, depending upon the very provisions of the statute. They are not open to equitable construction,nor to any discretionaryaction on the part of the officials." Public Officers, 43 Am. Jur. S 359, p. 149. Ro public officer is "permittedto collect fees unless the same are and the amount thereof declared ~~"~~~' .!%~e v. Moore,57 Tex. 307
, 321 (1862). SUMMARY The Texas Real Estate Commission Is not authorized to charge an additional application fee of persons or corporationswho are duly qusS,fiad holders of real estate dealers' Hon. L. D. Ransom, Page 4 (V-957) licenses for the Issuance of an amended oerti- floate evidencinga valid change of name. ,Yoursvery truly, Mvld Wuntch Assistant Ixf:gl