By:  Wilson                                     H.B. No. 1130
       73R2140 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disclosure of certain information before the sale
    1-3  or lease of real property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 15(c), The Real Estate License Act
    1-6  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    1-7  as follows:
    1-8        (c)  Notwithstanding Subsection (b) of this section, a person
    1-9  is not subject to civil liability or criminal prosecution because
   1-10  the person did not inquire about, make a disclosure related to, or
   1-11  release information related to whether a previous or current
   1-12  occupant of real property had, may have had, has, or may have AIDS,
   1-13  HIV-related illnesses, or HIV infection as defined by the Centers
   1-14  for Disease Control of the U.S. Public Health Service.  <A person
   1-15  who has actual knowledge that the previous or current occupant of
   1-16  real property had or has AIDS, HIV-related illnesses, or HIV
   1-17  infection shall provide that information to a potential purchaser
   1-18  or lessee of the real property on receiving a specific request for
   1-19  the information from the potential purchaser or lessee.>
   1-20        SECTION 2.  Section 15E, The Real Estate License Act (Article
   1-21  6573a, Vernon's Texas Civil Statutes), is amended to read as
   1-22  follows:
   1-23        Sec. 15E.  Notwithstanding any other provision of this Act or
   1-24  any other law, a licensee shall have no duty to inquire about, make
    2-1  a disclosure related to, or release information related to whether
    2-2  a:
    2-3              (1)  previous or current occupant of real property had,
    2-4  may have had, has, or may have AIDS, HIV-related illnesses, or HIV
    2-5  infection as defined by the Centers for Disease Control of the U.S.
    2-6  Public Health Service; or
    2-7              (2)  death or assault, of any kind or nature, occurred
    2-8  on a property, except that a licensee who has actual knowledge that
    2-9  a death or assault, other than a death caused by AIDS, HIV-related
   2-10  illness, or HIV infection, occurred on the property shall provide
   2-11  the information to a potential purchaser or lessee of the property
   2-12  on receiving a specific written request for the information from
   2-13  the potential purchaser or lessee.
   2-14        SECTION 3.  This Act takes effect September 1, 1993, and
   2-15  applies only to a real estate transaction commenced on or after
   2-16  that date.  A real estate transaction commenced before the
   2-17  effective date of this Act is governed by the law in effect at the
   2-18  time the transaction was commenced, and the former law is continued
   2-19  in effect for that purpose.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.