|
Senate Bill 862 |
Senate Author: Eltife |
|
Effective: See below |
House Sponsor: Geren |
Senate Bill 862 amends the Occupations Code to specify that fees charged and collected by the Texas Real Estate Commission are in amounts reasonable and necessary to cover its functions. The bill modifies the distribution of revenue from an increase in the application and renewal fees for an individual broker license to require $50 from each fee increase collected to be appropriated to support the Texas Real Estate Research Center, and to reduce from $150 to $100 the amount from each such increase to be deposited in the general revenue fund. The bill increases from $17.50 to $20 the additional fee assessed for issuing or renewing a salesperson license. The bill amends the process for an aggrieved party to make a claim on the real estate recovery trust account in cases in which a judgment is subject to a bankruptcy stay or discharge. The bill specifies that the commission is authorized to suspend or revoke a license if the license holder enters a plea of guilty or nolo contendere to or is convicted of a felony or a criminal offense involving fraud, rather than a felony in which fraud is an essential element, and in cases in which a license holder, while acting as a broker or salesperson, discriminates against an owner, potential buyer, landlord, or potential tenant on the basis of the person's disability or familial status, in addition to other categories of discrimination.
Senate Bill 862 amends the Property Code to require the commission to authorize the State Office of Administrative Hearings (SOAH) to conduct hearings in contested cases for the commission, rather than authorizing the commission to designate its employees to conduct such hearings, and establishes that SOAH, rather than the commission, conducts hearings relating to a temporary suspension of a timeshare plan registration.
Senate Bill 862 takes effect May 12, 2009, except for provisions relating to the distribution of revenue from fee increases relating to an individual broker license, which take effect September 1, 2011.