73R9345 JMM-D
          By Carona                                              H.B. No. 589
          Substitute the following for H.B. No. 589:
          By Kubiak                                          C.S.H.B. No. 589
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of real estate brokers and property
    1-3  management.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2, The Real Estate License Act (Article
    1-6  6573a, Vernon's Texas Civil Statutes), is amended by amending
    1-7  Subdivisions (1), (2), and (5) and adding Subdivision (8) to read
    1-8  as follows:
    1-9              (1)  "Real estate" means a leasehold, as well as any
   1-10  other interest or estate in land, whether corporeal, incorporeal,
   1-11  freehold, or nonfreehold, and whether the real estate is situated
   1-12  in this state or elsewhere.  The term does not include an interest
   1-13  given as security for the performance of an obligation.
   1-14              (2)  "Real estate broker" means a person who, for
   1-15  another person and for a fee, commission, or other valuable
   1-16  consideration, or with the intention or in the expectation or on
   1-17  the promise of receiving or collecting a fee, commission, or other
   1-18  valuable consideration from another person does the following in
   1-19  this state:
   1-20                    (A)  sells, exchanges, purchases, rents, or
   1-21  leases real estate;
   1-22                    (B)  offers to sell, exchange, purchase, rent, or
   1-23  lease real estate;
   1-24                    (C)  negotiates or attempts to negotiate the
    2-1  listing, sale, exchange, purchase, rental, or leasing of real
    2-2  estate;
    2-3                    (D)  lists or offers or attempts or agrees to
    2-4  list real estate for sale, rental, lease, exchange, or trade;
    2-5                    (E)  appraises or offers or attempts or agrees to
    2-6  appraise real estate;
    2-7                    (F)  auctions, or offers or attempts or agrees to
    2-8  auction, real estate;
    2-9                    (G)  buys or sells or offers to buy or sell, or
   2-10  otherwise deals in options on real estate;
   2-11                    (H)  aids, attempts, or offers to aid in locating
   2-12  or obtaining for purchase, rent, or lease any real estate;
   2-13                    (I)  procures or assists in the procuring of
   2-14  prospects for the purpose of effecting the sale, exchange, lease,
   2-15  or rental of real estate; <or>
   2-16                    (J)  procures or assists in the procuring of
   2-17  properties for the purpose of effecting the sale, exchange, lease,
   2-18  or rental of real estate; or
   2-19                    (K)  after January 1, 1999, engages in property
   2-20  management or procures or assists in the procurement of a
   2-21  prospective client to engage in property management or property to
   2-22  be managed.
   2-23              (5)  "Person" means an individual, limited liability
   2-24  company, or a corporation, foreign or domestic.
   2-25              (8)  "Property management" means the administration or
   2-26  control of real estate by arranging or providing for or supervising
   2-27  the performance of not fewer than two of the following services:
    3-1                    (A)  marketing or leasing;
    3-2                    (B)  providing physical maintenance;
    3-3                    (C)  accounting; or
    3-4                    (D)  providing financial maintenance.
    3-5        SECTION 2.  Section 3, The Real Estate License Act (Article
    3-6  6573a, Vernon's Texas Civil Statutes), is amended to read as
    3-7  follows:
    3-8        Sec. 3.  The provisions of this Act shall not apply to any of
    3-9  the following persons and transactions, and each and all of the
   3-10  following persons and transactions are hereby exempted from the
   3-11  provisions of this Act:
   3-12              (1)  an attorney at law licensed in this state or in
   3-13  any other state;
   3-14              (2)  an attorney in fact under a duly executed power of
   3-15  attorney authorizing the consummation of a real estate transaction;
   3-16              (3)  a public official in the conduct of his official
   3-17  duties;
   3-18              (4)  a person calling the sale of real estate by
   3-19  auction under the authority of a license issued by this state
   3-20  provided the person does not perform any other act of a real estate
   3-21  broker or salesman as defined by this Act;
   3-22              (5)  a person acting under a court order or under the
   3-23  authority of a will or a written trust instrument;
   3-24              (6)  a salesperson employed by an owner in the sale of
   3-25  structures and land on which said structures are situated, provided
   3-26  such structures are erected by the owner in the due course of his
   3-27  business;
    4-1              (7)  temporary or permanent personnel who work <an>
    4-2  on-site at a multi-unit rental dwelling complex or a self-storage
    4-3  service facility who, on or after January 1, 1999, are under the
    4-4  supervision and control of the owner of the property or a broker
    4-5  licensed in this state who is responsible for the acts of the
    4-6  personnel and for the management of the property <manager of an
    4-7  apartment complex>;
    4-8              (8)  transactions involving the sale, lease, or
    4-9  transfer of any mineral or mining interest in real property;
   4-10              (9)  an owner or his employees in renting, <or>
   4-11  leasing, or engaging in the property management of his own real
   4-12  estate whether improved or unimproved;
   4-13              (10)  transactions involving the sale, lease, or
   4-14  transfer of cemetery lots; or
   4-15              (11)  transactions involving the renting, leasing, or
   4-16  property management of hotels or motels.
   4-17        SECTION 3.  The Real Estate License Act (Article 6573a,
   4-18  Vernon's Texas Civil Statutes) is amended by adding Section 3A to
   4-19  read as follows:
   4-20        Sec. 3A.  ACTS OF CERTAIN EMPLOYEES EXEMPTED.  Clerical,
   4-21  administrative, or secretarial acts performed by an employee of a
   4-22  broker or salesman are not acts for which a license is required
   4-23  under this Act, including, but not limited to, the acts of:
   4-24              (1)  answering the telephone or engaging in telephone
   4-25  conversations if the employee does not engage in solicitation;
   4-26              (2)  confirming advertised or written information
   4-27  regarding property;
    5-1              (3)  delivering or receiving an application, contract,
    5-2  amendment, or security deposit or a rental payment made payable to
    5-3  a property manager or property owner;
    5-4              (4)  opening or unlocking a rental unit in the capacity
    5-5  of an employee of a broker who manages the property;
    5-6              (5)  providing information to another person about the
    5-7  status of a security deposit or the payment of rent; and
    5-8              (6)  assisting a broker or salesman or the owner of
    5-9  property in the performance of property management by engaging in
   5-10  administrative, supervisory, clerical, accounting, or maintenance
   5-11  tasks if the employee does not negotiate a lease or contract
   5-12  directly with a party to the lease or contract.
   5-13        SECTION 4.  Section 6(c), The Real Estate License Act
   5-14  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   5-15  as follows:
   5-16        (c)  To be eligible for or to renew a license, a corporation
   5-17  must designate one of its officers and a limited liability company
   5-18  must designate one of its managers to act for it.  The designated
   5-19  person must be a <citizen of the United States or a lawfully
   5-20  admitted alien, be at least 18 years of age, and be a resident of
   5-21  Texas for at least 60 days immediately preceding the filing of an
   5-22  application, and must be qualified to be> licensed <individually as
   5-23  a> real estate broker as shown by the records of the commission.
   5-24  <However, the competency of the person shall be judged solely on
   5-25  the basis of the examination referred to in Section 7 of this Act.>
   5-26        SECTION 5.  Section 19(a), The Real Estate License Act
   5-27  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    6-1  as follows:
    6-2        (a)  A person acting as a real estate broker or real estate
    6-3  salesman without first obtaining a license is guilty of a
    6-4  misdemeanor and on conviction shall be punishable by a fine of not
    6-5  less than $100 nor more than $500, or by imprisonment in the county
    6-6  jail for a term not to exceed one year, or both; and if a
    6-7  corporation or a limited liability company, shall be punishable by
    6-8  a fine of not less than $1,000 nor more than $2,000.  A person, on
    6-9  conviction of a second or subsequent offense, shall be punishable
   6-10  by a fine of not less than $500 nor more than $1,000, or by
   6-11  imprisonment for a term not to exceed two years, or both; and if a
   6-12  corporation or a limited liability company, shall be punishable by
   6-13  a fine of not less than $2,000 nor more than $5,000.
   6-14        SECTION 6.  This Act takes effect September 1, 1993.
   6-15        SECTION 7.  The importance of this legislation and the
   6-16  crowded condition of the calendars in both houses create an
   6-17  emergency and an imperative public necessity that the
   6-18  constitutional rule requiring bills to be read on three several
   6-19  days in each house be suspended, and this rule is hereby suspended.