QUICK ANSWER

If you passed the national portion of the Texas sales agent exam but failed the state portion, you retake only state while your application remains active. The state portion has 40 scored items, and you need 28 correct to pass. Your national result remains valid for one year from the date you passed it, including during a timely reapplication.

EXAM PREP ONLY

This guide is exam-prep study help for the Texas sales agent license. It is educational content, not legal advice. Retake eligibility and timing depend on your specific TREC application, the current Pearson VUE handbook, and the current TREC rules. Confirm the primary sources below and check your own TREC status before you schedule.

40
scored items on the Texas state portion
28
correct answers you need to pass, which is 70 percent
27
of 40 items sit in the three largest state-law areas
1
portion you retake: the state portion only, if still eligible

For the fee, booking wait, application expiration, and other retake paths, use the Texas failed-exam hub. This page stays focused on a state-only recovery plan.

You passed national but failed state. What now?

You do not start over. Pearson VUE says a candidate who fails one portion retakes only that portion while still eligible. Your next study plan should therefore be state-only, built from the diagnostic information on your failed score report.

Passing national confirms that you met the national cutoff. It does not predict the state result because Texas law is scored separately.

The state portion has a different content target. It tests TREC rules, TRELA, promulgated contract forms, and the duties Texas places on a license holder. That material is narrow, dense, and easy to under-study when prep time is split across both portions.

Your next move is narrow: stop reviewing the whole exam. Study the state portion, starting with the heaviest areas in the current outline.

Do you have to retake the whole Texas exam?

No. Pearson VUE's candidate handbook says a candidate who fails needs to retake only the failed portion while the application is active. If you passed national and failed state, schedule a state-only retake. TREC says the national pass remains valid for one year from its passing date.

The practical point is simple: missing state does not erase a still-valid national result.

Here is how the passed and failed portions interact.

Situation What Pearson VUE and TREC say What it means for you
Passed national, failed state Retake only the failed portion inside the timing window. You schedule the state appointment, not both portions.
National result still valid TREC says each section result is valid for one year from the date you passed it. Retake state before that year runs out and you keep national.
Application window TREC says applicants have one year from filing to meet all license requirements. Finish state under the active application when possible.
National result TREC says each section result is valid for one year from its passing date. If the application expires, reapply before the national result expires to keep it.
Re-exam booking The handbook says you cannot re-book at the test center and must wait 24 hours to schedule. Plan to schedule online the day after a fail, not the same day.

The state portion leans hardest on standards of conduct and agency. Run the free standards-of-conduct question set to see where you stand before you rebuild your plan.

Why can the Texas state portion feel harder?

The state portion is 40 scored items drawn from six Texas state-law areas, effective January 1, 2026. It rewards precise knowledge of TRELA, TREC rules, promulgated forms, and Texas agency practice. General national principles are not enough when an answer turns on a Texas term, form, or procedure.

Texas has its own rules, and the state outline tests those rules rather than a generic national substitute. Important differences include:

  • Texas prohibits dual agency and uses intermediary brokerage instead. The exam wants intermediary mechanics, appointments, and written consent, not dual-agency logic.
  • Texas uses promulgated contract forms. The exam expects you to know which form or addendum applies.
  • Since January 1, 2026, Texas requires a written agreement before a license holder shows residential property to a prospective buyer. The agreement may establish representation or a limited non-representation showing arrangement. IABS duties are separate and depend on the situation.
  • Texas sets its own timeframes, trust-account rules, and standards of conduct that carry real discipline behind them.

These rules become manageable when you practice them as Texas scenarios instead of treating them as national vocabulary.

Where do the 40 state-portion points sit?

The Texas sales agent state-law outline, effective January 1, 2026, splits 40 scored items across six areas. Three areas hold most of the weight: Agency and Brokerage has 11 items, Standards of Conduct has 9, and Contracts has 9. Together that is 29 of 40 items, or 72.5 percent of the state portion. A rescue plan starts there.

This is the heart of the plan. If you know where the points are, you know what to study first.

State-law area (effective Jan 1, 2026) Scored items Share of the 40
Agency and Brokerage 11 27.5 percent
Standards of Conduct 9 22.5 percent
Contracts 9 22.5 percent
Special Topics 5 12.5 percent
Licensing 3 7.5 percent
Commission Duties and Powers 3 7.5 percent
Total 40 100 percent

Agency and Brokerage, Standards of Conduct, and Contracts account for 29 of the 40 blueprint slots. That makes them a strong place to begin, but not the only place to study. The exam can draw from every listed area, and you need 28 correct answers across the full scored portion.

That is not a reason to skip the smaller areas. It is a reason to sequence your study so the heavy areas get your best hours.

Use the Texas Sales Agent State Law heading in Pearson VUE's outline. The same PDF also contains a broker outline, so reading the heading before the table matters.

The state-only rescue plan

Rebuild your prep as a state-only sprint. Study in weight order: Agency and Brokerage first, then Standards of Conduct, Contracts, Special Topics, Commission Duties, and Licensing. Drill Texas-specific questions and confirm surprising answers against TREC, TRELA, or the official outline. Do not rebook after scraping past 70 percent once. Look for a consistent cushion on fresh state-only sets.

The sequence fits a two-week repair block, but the calendar does not decide readiness. Your results do.

Step Focus Why it comes here
1 Agency and Brokerage: intermediary, appointments, IABS, buyer representation, enforcing compensation agreements, no dual agency. Largest area at 11 items and the biggest Texas-versus-national gap.
2 Standards of Conduct: TREC rules, advertising, honesty, competency, discipline. 9 items and heavily tested through scenarios.
3 Contracts: promulgated forms, addenda, amendments, the option period, deadlines. 8 items and pure Texas practice.
4 Special Topics: community property, homestead, DTPA, liens, recording, and other Texas-specific rules. 6 items spread across a broad group of Texas concepts.
5 Licensing: licensed activities, exemptions, application, sponsorship, and renewal. 3 items that connect eligibility with legal practice.
6 Commission Duties and Powers: TREC authority, complaints, discipline, and recovery. 3 items that reward a clear view of who makes and enforces the rules.
7 Full state-only timed practice, then review misses by area. Confirms you are above the 70 percent line under time.

Two rules make this work. First, only study Texas material. Do not re-drill the national bank you already passed. Second, verify. When a practice answer surprises you, trace it to TRELA, a TREC rule, or the Pearson VUE outline before you accept it.

Make the Texas state rules automatic. Get Pass Texas for state-focused topic practice and spaced repetition across all six state-law areas, or try a free question now.

What does the state retake cost and when can you schedule?

A state-only retake uses the current $58 Texas sales examination fee. Pearson VUE says you cannot rebook at the test center and must wait 24 hours before scheduling. You do not submit a new TREC application for an ordinary retake under an active application.

Do not let the fee or the urge to erase the failed result choose the date. Rebook after the state-only plan produces stable results.

Watch the consecutive-failure rule while you do. TREC Rule §535.57 applies after three consecutive failed examinations. If the state portion is failed on the examination that triggers the rule, 30 additional qualifying education hours are required before another examination or new application.

Mistakes that keep candidates stuck on state

The mistakes that waste the most study time are restudying everything instead of state only, drilling national-style questions, chasing low-weight areas first, and rebooking before the plan is ready.

  • Restudying the whole exam. You passed national. Spending hours there again wastes your best study time.
  • Using national practice questions. They will not teach you Texas intermediary rules or promulgated forms.
  • Studying in outline order instead of weight order. Licensing has 3 items and Commission Duties has 3. They matter, but they should not lead a broad repair plan.
  • Rebooking too soon. A fast retake with the same prep tends to produce the same score. Change the plan first.
  • Ignoring the score report. TREC and Pearson VUE give you a diagnostic by area. Use it to aim your hours.

Frequently asked questions

Do I have to retake the national portion if I passed it?

No. Pearson VUE says you retake only the failed portion while the application remains active. TREC says each section result is valid for one year from the date you passed it. If the application expires first, reapply before the national result's one-year validity ends.

How many questions do I need to pass the Texas state portion?

You need 28 of 40 scored items, which is 70 percent. The state portion also includes a small number of unscored pretest items that do not count, so your appointment shows more than 40 questions, but only 40 are scored.

How soon can I retake the state portion?

Pearson VUE's handbook says you cannot rebook at the test center and must wait 24 hours before scheduling. Beyond that, schedule when your state-only plan is done and your practice scores are consistently above the line.

What if the state portion is failed on my third consecutive failed examination?

TREC requires 30 additional qualifying education hours when the state portion is failed on the examination that triggers the three-consecutive-failure rule. If both portions are failed on that triggering examination, the requirement is 60 hours. Confirm a mixed score history with TREC.

Does my passed national result ever expire?

Yes. TREC says each section result is valid for one year from the date you passed it. Retake state, or reapply if necessary, before that one-year national result expires.

Does the state portion only test Texas law?

Yes. The state portion tests the six Texas state-law areas: Agency and Brokerage, Standards of Conduct, Contracts, Special Topics, Commission Duties and Powers, and Licensing. It is Texas rules end to end.

Practice questions

1. You passed the national portion and failed the state portion of the Texas sales agent exam. What must you retake? A. Both portions in a combined appointment B. Only the state portion, if still eligible C. Only the national portion D. Nothing, a national pass is enough

Answer: B. Pearson VUE says you retake only the portion you failed, within the application timing window. Your national pass stays valid for one year from the date you passed it (A and C are wrong), and you cannot be licensed without passing both portions (D).

2. How many scored items must you answer correctly to pass the Texas state portion? A. 21 of 40 B. 28 of 40 C. 30 of 40 D. 56 of 80

Answer: B. The state portion is 40 scored items, and the passing standard is 70 percent, which is 28. The 56 of 80 figure (D) is the national passing standard, not the state one.

3. Which three state-law areas hold the most scored items on the Texas sales agent state portion? A. Licensing, Commission Duties, and Special Topics B. Agency and Brokerage, Standards of Conduct, and Contracts C. Contracts, Licensing, and Standards of Conduct D. Special Topics, Agency and Brokerage, and Licensing

Answer: B. Agency and Brokerage (11), Standards of Conduct (9), and Contracts (9) hold 29 of the 40 items. Licensing has 3 and Commission Duties has 3, so the options that lead with them are wrong.

4. The state portion is failed on an applicant's third consecutive failed examination. What does TREC require before another exam? A. Nothing, you keep retaking B. A brand-new application only C. 30 additional hours of qualifying education D. 60 additional hours of qualifying education

Answer: C. TREC requires 30 additional qualifying education hours when one portion is failed on the examination that triggers the rule. The 60-hour requirement applies when both portions are failed on that examination.

Sources and methodology

This guide uses Texas primary sources and the current Pearson VUE exam documents, rechecked August 12, 2026. It teaches exam-level structure and study strategy, not legal advice.

  • The 40-item state portion, the 28-of-40 passing standard, and the retake-only-the-failed-portion rule come from Pearson VUE handbook 094400.
  • The six state-law areas and their scored-item counts come from Pearson VUE content outlines 094401, effective January 1, 2026.
  • The one-year application window comes from TREC licensing guidance. The one-year section validity and three-consecutive-failure rule come from TREC Rule §535.57.
  • The written-agreement requirement and the representation versus non-representation distinction come from Senate Bill 1968, Texas Occupations Code §§1101.562 and 1101.563, and TREC's 2026 buyer and tenant representation guidance.
  • The exam fee reflects the TREC fee schedule effective December 15, 2025. Confirm the current fee before you pay.

Official source links

This article is exam-prep education for the Texas real estate sales agent license. It is not legal advice. Retake eligibility, timing, fees, and education requirements depend on current Texas law, the current TREC rules, the current Pearson VUE handbook, and your own application status. Always confirm the current primary sources and your TREC record before you schedule or pay.