1-1  By:  Armbrister                                        S.B. No. 314
    1-2        (In the Senate - Filed February 10, 1993; February 11, 1993,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  May 4, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; May 4, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis                                          x   
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant                              x   
   1-15        Leedom                                         x   
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 314                    By:  Lucio
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to a real estate broker's or salesman's ability to
   1-24  represent more than one party to a transaction.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 15C, The Real Estate License Act (Article
   1-27  6573a, Vernon's Texas Civil Statutes), is amended to read as
   1-28  follows:
   1-29        Sec. 15C.  (a)  A real estate broker may not act <This Act
   1-30  does not prohibit a licensee from acting> as an agent for more than
   1-31  one party to a transaction unless:
   1-32              (1)  the real estate broker, prior to entering into any
   1-33  written agreements to represent more than one party to the
   1-34  transaction, in accordance with the rules of the commission,
   1-35  provides the parties with the applicable agency disclosure form
   1-36  promulgated by the commission which defines common agency
   1-37  relationships, duties of the broker, and potential conflicts that
   1-38  may develop;
   1-39              (2)  the real estate broker enters into written
   1-40  agreements in which all parties to the transaction consent to and
   1-41  authorize the real estate broker to represent more than one party
   1-42  to the transaction; and
   1-43              (3)  the written agreements set forth the source of any
   1-44  expected compensation to the real estate broker.
   1-45        (b)  A written listing agreement to represent a seller or
   1-46  landlord or a written agreement to represent a buyer or tenant
   1-47  which authorizes a real estate broker to act as agent for more than
   1-48  one party to a transaction is sufficient to establish written
   1-49  consent of the party to the agreement for the real estate broker to
   1-50  represent more than one party to the transaction under this section
   1-51  if the written agreement sets forth, in conspicuous bold or
   1-52  underlined print, the broker's obligations under Subsection (c) of
   1-53  this section.
   1-54        (c)  A real estate broker who acts as an agent for more than
   1-55  one party to a transaction shall:
   1-56              (1)  not disclose to the buyer or tenant that the
   1-57  seller or landlord will accept a price less than the asking price
   1-58  unless otherwise instructed in a separate writing by the seller or
   1-59  landlord;
   1-60              (2)  not disclose to the seller or landlord that the
   1-61  buyer or tenant will pay a price greater than the price submitted
   1-62  in a written offer to the seller or landlord unless otherwise
   1-63  instructed in a separate writing by the buyer or tenant;
   1-64              (3)  not disclose any confidential information or any
   1-65  information a party specifically instructs the real estate broker
   1-66  in writing not to disclose unless otherwise instructed in a
   1-67  separate writing by the respective party or required to disclose
   1-68  such information by law; and
    2-1              (4)  treat all parties to the transaction honestly and
    2-2  impartially so as not to favor one party or work to the
    2-3  disadvantage of any party.
    2-4        (d)  A real estate broker shall make a reasonable effort to
    2-5  explain to the parties the effect of the agreements under this
    2-6  section in which the real estate broker is permitted to represent
    2-7  more than one party to a transaction <if the representation is
    2-8  disclosed to the parties and the parties represented by the
    2-9  licensee consent to the representation>.
   2-10        SECTION 2.  This Act takes effect September 1, 1993.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.
   2-16                               * * * * *
   2-17                                                         Austin,
   2-18  Texas
   2-19                                                         May 4, 1993
   2-20  Hon. Bob Bullock
   2-21  President of the Senate
   2-22  Sir:
   2-23  We, your Committee on Economic Development to which was referred
   2-24  S.B. No. 314, have had the same under consideration, and I am
   2-25  instructed to report it back to the Senate with the recommendation
   2-26  that it do not pass, but that the Committee Substitute adopted in
   2-27  lieu thereof do pass and be printed.
   2-28                                                         Parker,
   2-29  Chairman
   2-30                               * * * * *
   2-31                               WITNESSES
   2-32                                                  FOR   AGAINST  ON
   2-33  ___________________________________________________________________
   2-34  Name:  Ronald Walker                             x
   2-35  Representing:  Tx Assoc. of Realtors
   2-36  City:  Austin
   2-37  -------------------------------------------------------------------
   2-38  Name:  Bob Wertheimer                            x
   2-39  Representing:  Tx Assoc. of Realtors
   2-40  City:  Dallas
   2-41  -------------------------------------------------------------------
   2-42  Name:  Charlie Clark                             x
   2-43  Representing:  Self
   2-44  City:  El Paso
   2-45  -------------------------------------------------------------------
   2-46  Name:  Sharon Teusink                            x
   2-47  Representing:  Self
   2-48  City:  Houston
   2-49  -------------------------------------------------------------------
   2-50  Name:  Parker McCullough                         x
   2-51  Representing:  Tx Assoc. of Realtors
   2-52  City:  Austin
   2-53  -------------------------------------------------------------------
   2-54  Name:  Erle Rawlins                                      x
   2-55  Representing:  Tx Real Estate Buyer Agent
   2-56  City:  Dallas
   2-57  -------------------------------------------------------------------
   2-58  Name:  Janee Briesemeister                                     x
   2-59  Representing:  Consumers Union
   2-60  City:  Austin
   2-61  -------------------------------------------------------------------
   2-62                                                  FOR   AGAINST  ON
   2-63  ___________________________________________________________________
   2-64  Name:  Dennis Fletcher                                   x
   2-65  Representing:  Buyers Resource
   2-66  City:  Austin
   2-67  -------------------------------------------------------------------
   2-68  Name:  Vance Miller                                      x
   2-69  Representing:  Henry Miller Realtors
   2-70  City:  Dallas
    3-1  -------------------------------------------------------------------
    3-2  Name:  Mark Hanna                                        x
    3-3  Representing:  Tx Realty Committee
    3-4  City:  Austin
    3-5  -------------------------------------------------------------------
    3-6  Name:  Ralph Hull                                        x
    3-7  Representing:  Ind. Brokers of America
    3-8  City:  Irving
    3-9  -------------------------------------------------------------------
   3-10  Name:  Thomas Terrell                                    x
   3-11  Representing:  Self
   3-12  City:  Grapevine
   3-13  -------------------------------------------------------------------
   3-14  Name:  Vance C. Miller                                   x
   3-15  Representing:  Texas Realty Committee
   3-16  City:  Dallas
   3-17  -------------------------------------------------------------------