By:  Ogden                                            H.B. No. 1187
       73R4081 CAG-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the ability of a limited liability company to be
    1-3  licensed under The Real Estate License Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(5), The Real Estate License Act
    1-6  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    1-7  as follows:
    1-8              (5)  "Person" means an individual, <or> a corporation,
    1-9  foreign or domestic, or a domestic or foreign limited liability
   1-10  company, as defined by Article 1.02, Texas Limited Liability
   1-11  Company Act (Article 1528n, Vernon's Texas Civil Statutes).
   1-12        SECTION 2.  Section 6(c), The Real Estate License Act
   1-13  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   1-14  as follows:
   1-15        (c)  To be eligible for a license, a corporation or limited
   1-16  liability company must designate one of its officers or members to
   1-17  act for it.  The designated person must be a citizen of the United
   1-18  States or a lawfully admitted alien, be at least 18 years of age,
   1-19  and be a resident of Texas for at least 60 days immediately
   1-20  preceding the filing of an application, and must be qualified to be
   1-21  licensed individually as a real estate broker.  However, the
   1-22  competency of the person shall be judged solely on the basis of the
   1-23  examination referred to in Section 7 of this Act.
   1-24        SECTION 3.  Section 19(a), The Real Estate License Act
    2-1  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    2-2  as follows:
    2-3        (a)  A person acting as a real estate broker or real estate
    2-4  salesman without first obtaining a license is guilty of a
    2-5  misdemeanor and on conviction shall be punishable by a fine of not
    2-6  less than $100 nor more than $500, or by imprisonment in the county
    2-7  jail for a term not to exceed one year, or both; and if a
    2-8  corporation or limited liability company, shall be punishable by a
    2-9  fine of not less than $1,000 nor more than $2,000.  A person, on
   2-10  conviction of a second or subsequent offense, shall be punishable
   2-11  by a fine of not less than $500 nor more than $1,000, or by
   2-12  imprisonment for a term not to exceed two years, or both; and if a
   2-13  corporation or limited liability company, shall be punishable by a
   2-14  fine of not less than $2,000 nor more than $5,000.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.