87R11738 TYPED

By: Thompson of Harris H.B. No. 2305

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Real Estate Research Center and the Texas Real Estate Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 86.51, Education Code, is amended to read as follows:

Sec. 86.51. TEXAS REAL ESTATE RESEARCH CENTER. The Texas Real Estate Research Center, [There] is established at Texas A&M University [a Real Estate Research Center], hereinafter referred to as the center. The operating budget, staffing, and activities of the center shall be approved by the board of regents of The Texas A&M University System.

SECTION 2. Subsections (c), (d), (e), (f), (h), (i), (j), (k), and (l), Section 86.52, Education Code, are amended to read as follows and subsection (m), Section 86.52, Education Code, is added to read as follows:

(c) [Except for the initial appointees, members] Members of the advisory committee hold office for staggered terms of six years, with the terms of three members expiring on January 31 of each odd-numbered year. [In making the initial appointments, the governor shall designate three members, including two representatives of the real estate industry and one representative of the general public, for terms expiring in 1973, three for terms expiring in 1975, and three for terms expiring in 1977.] Any vacancy shall be filled by appointment for the unexpired portion of the term. Each member shall serve until [his] their successor is qualified.

(d) The chairman of the Texas Real Estate Commission, or a member of the commission designated by [him] the chairman, shall serve as an ex officio, nonvoting member of the advisory committee.

(e) The advisory committee shall elect a [presiding officer] chairman and [an assistant presiding officer] vice-chairman from its membership, and each [officer] person shall serve for a term of one year.

(f) [The first meeting of the advisory committee shall be called by the president of Texas A & M University or his designated representative.] The advisory committee shall meet not less than semiannually, and in addition on call of its chairman, or on petition of any six of its members, or on call of the president of Texas A & M University or his designated representative.

(h) The president of Texas A & M University or [his] their designated representative shall submit to the advisory committee in advance of each fiscal year a proposed budget for expenditures of all funds provided for the center in a form that is related to the proposed schedule of activities for the review and approval of the advisory committee. The proposed budget approved by the advisory committee shall be forwarded with the comments of the advisory committee to the board of directors of The Texas A & M University System prior to its action on the proposed budget, and the board of directors of The Texas A & M University System shall not authorize any expenditure that has not had the prior approval of the advisory committee.

(i) The president of Texas A & M University or [his] their designated representative shall submit to the advisory committee for its review and approval a research agenda at the beginning of each fiscal year and shall continuously inform the advisory committee of changes in its substance and scheduling.

(j) Each member of the [board] advisory committee is entitled to a per diem as set by [legislative appropriation] the advisory committee for each day that the member engages in the business of the [board] advisory committee. A member may not receive any compensation for travel expenses, including expenses for meals and lodging, other than transportation expenses. A member is entitled to compensation for transportation expenses as [prescribed] set by the [General Appropriations Act] the advisory committee.

(k) Except as provided by subsection (l), [The] the advisory committee is subject to Chapter 551, Government Code, Chapter 2001, Government Code, and the provisions of Chapter 572, Government Code.

(l) The advisory committee may meet by conference call or virtually through third party internet applications as long as members of the general public are able to participate in the meeting and can participate in discussions not subject to an executive session.

(m) The financial transactions of the center are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

SECTION 3. Section 1101.054, Occupations Code, is amended to read as follows:

Sec. 1101.054. OFFICIAL OATH. Not later than the 15th calendar day after the date of appointment, each appointee must take the constitutional oath of office.

SECTION 4. Subsection (a), Section 1101.154, Occupations Code, is amended to read as follows:

Sec. 1101.154. ADDITIONAL FEE: TEXAS REAL ESTATE RESEARCH CENTER. (a) The fee for the issuance or renewal of a:

(1) broker license is the amount of the fee set under Section 1101.152 and an additional $70 annual fee;

(2) sales agent license is the amount of the fee set under Section 1101.152 and an additional $20 annual fee; and

(3) certificate of registration is the amount of the fee set under Section 1101.152 and an additional $20 annual fee.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.