By Seidlits                                            H.B. No. 841
          Substitute the following for H.B. No. 841:
          By Jones of Lubbock                                C.S.H.B. No. 841
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to real estate broker's or salesman's ability to represent
    1-3  more than one party to a transaction.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 15C, the Real Estate License Act (Article
    1-6  6573a, Vernon's Texas Civil Statutes), is amended to read as
    1-7  follows:
    1-8        Sec. 15C.  (a)  A real estate broker may not act <This Act
    1-9  does not prohibit a licensee from acting> as an agent for more than
   1-10  one party to a transaction <if the representation is disclosed to
   1-11  the parties and the parties represented by the licensee consent to
   1-12  the representation> unless:
   1-13              (1)  the real estate broker, prior to entering into any
   1-14  written agreements to represent more than one party to the
   1-15  transaction, in accordance with the rules of the commission,
   1-16  provides the parties with an agency disclosure form promulgated by
   1-17  the commission in plain language which defines common agency
   1-18  relationships, duties of the broker, and potential conflicts that
   1-19  may develop;
   1-20              (2)  the real estate broker enters into written
   1-21  agreements in which all parties to the transaction consent to and
   1-22  permit the real estate broker to represent more than one party to
   1-23  the transaction by assuming the role of an intermediary and
    2-1  facilitator to assist the parties to the transaction; and
    2-2              (3)  the real estate broker sets forth, in the written
    2-3  agreements, the source of any expected compensation.
    2-4        (b)  A written listing agreement to represent a seller or
    2-5  landlord or a written agreement to represent a buyer or tenant
    2-6  which authorizes a real estate broker to act as agent for more than
    2-7  one party to a transaction if a conflict of interest should arise
    2-8  is sufficient to establish written consent for the real estate
    2-9  broker to represent more than one party to the transaction under
   2-10  this section.
   2-11        (c)  A real estate broker who acts as an agent for more than
   2-12  one party to a transaction must not disclose:
   2-13              (1)  to the buyer or tenant that the seller or landlord
   2-14  will accept a price less than the asking price, unless otherwise
   2-15  instructed in a separate writing by the seller or landlord;
   2-16              (2)  to the seller or landlord that the buyer or tenant
   2-17  will pay a price greater than the price submitted in a written
   2-18  offer to the seller or landlord, unless otherwise instructed in a
   2-19  separate writing by the buyer or tenant;
   2-20              (3)  the motivation of any party for selling, buying,
   2-21  leasing, or renting a property, unless otherwise instructed in a
   2-22  separate writing by the respective party;
   2-23              (4)  any information or confidences a party
   2-24  specifically instructs the real estate broker in writing not to
   2-25  disclose unless otherwise instructed in a separate writing by the
    3-1  respective party or required to disclose such information by this
    3-2  Act; or
    3-3              (5)  any opinions or advice which the real estate
    3-4  broker had previously given to either party unless otherwise
    3-5  instructed to do so in a separate writing by the party to whom the
    3-6  opinion or advice was given.
    3-7        (d)  A real estate broker who acts as an agent for more than
    3-8  one party to a transaction must not provide or give any opinions or
    3-9  advice to either party as to the value of the property, the
   3-10  adequacy of an offer, or positions to take in negotiations between
   3-11  the parties unless permitted to do so in a separate writing by the
   3-12  other party, provided however, that the real estate broker may
   3-13  provide factual data or factual information to a party.
   3-14        (e)  A broker should act with due diligence so that the
   3-15  parties understand the consents, agreements, or instructions under
   3-16  this section in which the broker is permitted to represent more
   3-17  than one party to a transaction.
   3-18        SECTION 2.  This Act takes effect September 1, 1993.
   3-19        SECTION 3.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.