By Danburg                                             H.B. No. 265
       74R1136 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the title of certain persons licensed to sell real
    1-3  estate.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 1(b)-(e), The Real Estate License Act
    1-6  (Article 6573a, Vernon's Texas Civil Statutes), are amended to read
    1-7  as follows:
    1-8        (b)  It is unlawful for a person to act in the capacity of,
    1-9  engage in the business of, or advertise or hold that person
   1-10  <himself> out as engaging in or conducting the business of a real
   1-11  estate broker or a real estate salesperson <salesman> within this
   1-12  state without first obtaining a real estate license from the Texas
   1-13  Real Estate Commission.  It is unlawful for a person licensed as a
   1-14  real estate salesperson <salesman> to act or attempt to act as a
   1-15  real estate broker or salesperson <salesman> unless that person
   1-16  <he> is, at such time, associated with a licensed Texas real estate
   1-17  broker and acting for the licensed real estate broker.
   1-18        (c)  Each real estate broker licensed pursuant to this Act is
   1-19  responsible to the commission, members of the public, and the
   1-20  broker's <his> clients for all acts and conduct performed under
   1-21  this Act by the broker <himself> or by a real estate salesperson
   1-22  <salesman> associated with or acting for the broker.
   1-23        (d)  No real estate salesperson <salesman> shall accept
   1-24  compensation for real estate sales and transactions from any person
    2-1  other than the broker under whom the salesperson <he> is at the
    2-2  time licensed or under whom the salesperson <he> was licensed when
    2-3  the salesperson <he> earned the right to compensation.
    2-4        (e)  No real estate salesperson <salesman> shall pay a
    2-5  commission to any person except through the broker under whom the
    2-6  salesperson <he> is at the time licensed.
    2-7        SECTION 2.  Section 2(4), The Real Estate License Act
    2-8  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    2-9  as follows:
   2-10              (4)  "Real estate salesperson <salesman>" means a
   2-11  person associated with a Texas licensed real estate broker for the
   2-12  purposes of performing acts or transactions comprehended by the
   2-13  definition of "real estate broker" as defined in this Act.
   2-14        SECTION 3.  Section 3, The Real Estate License Act (Article
   2-15  6573a, Vernon's Texas Civil Statutes), is amended to read as
   2-16  follows:
   2-17        Sec. 3.  The provisions of this Act shall not apply to any of
   2-18  the following persons and transactions, and each and all of the
   2-19  following persons and transactions are hereby exempted from the
   2-20  provisions of this Act:
   2-21              (1)  an attorney at law licensed in this state or in
   2-22  any other state;
   2-23              (2)  an attorney in fact under a duly executed power of
   2-24  attorney authorizing the consummation of a real estate transaction;
   2-25              (3)  a public official in the conduct of that person's
   2-26  <his> official duties;
   2-27              (4)  a person calling the sale of real estate by
    3-1  auction under the authority of a license issued by this state
    3-2  provided the person does not perform any other act of a real estate
    3-3  broker or salesperson <salesman> as defined by this Act;
    3-4              (5)  a person acting under a court order or under the
    3-5  authority of a will or a written trust instrument;
    3-6              (6)  a salesperson employed by an owner in the sale of
    3-7  structures and land on which said structures are situated, provided
    3-8  such structures are erected by the owner in the due course of the
    3-9  owner's <his> business;
   3-10              (7)  an on-site manager of an apartment complex;
   3-11              (8)  transactions involving the sale, lease, or
   3-12  transfer of any mineral or mining interest in real property;
   3-13              (9)  an owner or the owner's <his> employees in renting
   3-14  or leasing the owner's <his> own real estate whether improved or
   3-15  unimproved;
   3-16              (10)  transactions involving the sale, lease, or
   3-17  transfer of cemetery lots; or
   3-18              (11)  transactions involving the renting, leasing, or
   3-19  management of hotels or motels.
   3-20        SECTION 4.  Section 4, The Real Estate License Act (Article
   3-21  6573a, Vernon's Texas Civil Statutes), is amended to read as
   3-22  follows:
   3-23        Sec. 4.  A person who, directly or indirectly for another,
   3-24  with the intention or on the promise of receiving any valuable
   3-25  consideration, offers, attempts, or agrees to perform, or performs,
   3-26  a single act defined in Subdivisions 2 and 3, Section 2 of this
   3-27  Act, whether as a part of a transaction, or as an entire
    4-1  transaction, is deemed to be acting as a real estate broker or
    4-2  salesperson <salesman> within the meaning of this Act.  The
    4-3  commission of a single such act by a person required to be licensed
    4-4  under this Act and not so licensed shall constitute a violation of
    4-5  this Act.
    4-6        SECTION 5.  Sections 5(a), (f), (g), (i), and (m), The Real
    4-7  Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
    4-8  are amended to read as follows:
    4-9        (a)  The administration of the provisions of this Act is
   4-10  vested in a commission, to be known as the "Texas Real Estate
   4-11  Commission," consisting of nine members to be appointed by the
   4-12  governor with the advice and consent of two-thirds of the senate
   4-13  present.  The commissioners hold office for staggered terms of six
   4-14  years with the terms of three members expiring January 31 of each
   4-15  odd-numbered year.  Each member holds office until the member's
   4-16  <his> successor is appointed and has qualified.  Within 15 days
   4-17  after <his> appointment, each member shall qualify by taking the
   4-18  constitutional oath of office and furnishing a bond payable to the
   4-19  Governor of Texas in the penal sum of $10,000, conditional on the
   4-20  faithful performance of the member's <his> duties as prescribed by
   4-21  law.  A vacancy for any cause shall be filled by the governor for
   4-22  the unexpired term. The governor shall designate as chairperson
   4-23  <chairman> of the commission one member of the commission who is a
   4-24  licensed real estate broker.  The chairperson <chairman> serves in
   4-25  that capacity at the pleasure of the governor.  At a regular
   4-26  meeting in February of each year, the commission shall elect from
   4-27  its own membership a vice-chairperson <vice-chairman> and
    5-1  secretary.  A quorum of the commission consists of five members.
    5-2        (f)  If the administrator has knowledge that a potential
    5-3  ground for removal exists, the administrator shall notify the
    5-4  chairperson <chairman> of the commission of the ground.  The
    5-5  chairperson <chairman> shall then notify the governor that a
    5-6  potential ground for removal exists.
    5-7        (g)  Each member of the commission shall receive as
    5-8  compensation for each day actually spent on the member's <his>
    5-9  official duties the sum of $75 and the <his> actual and necessary
   5-10  expenses incurred in the performance of the member's <his> official
   5-11  duties.
   5-12        (i)  The commission is empowered to select and name an
   5-13  administrator and to select and employ such other subordinate
   5-14  officers and employees as are necessary to administer this Act.
   5-15  The salaries of the administrator and the officers and employees
   5-16  shall be fixed by the commission not to exceed such amounts as are
   5-17  fixed by the applicable general appropriations bill.  The
   5-18  commission may designate a subordinate officer as assistant
   5-19  administrator who shall be authorized to act for the administrator
   5-20  in the administrator's <his> absence.  The administrator or the
   5-21  administrator's designee shall develop a system of annual
   5-22  performance evaluations.  All merit pay for commission employees
   5-23  must be based on the system established under this subsection.  The
   5-24  administrator or the administrator's designee shall develop an
   5-25  intraagency career ladder program.  The program shall require
   5-26  intraagency postings of all nonentry level positions concurrently
   5-27  with any public posting.
    6-1        (m)  Fifteen dollars received by the commission for a renewal
    6-2  of a broker license before the expiration of the license or before
    6-3  the first anniversary of the date the license expired and $7.50
    6-4  received by the commission for a renewal of a salesperson
    6-5  <salesman> license before the expiration of the license or before
    6-6  the first anniversary of the date the license expired shall be
    6-7  transmitted annually to Texas A&M University for deposit in a
    6-8  separate banking account.  The money in the separate account shall
    6-9  be expended for the support and maintenance of the Texas Real
   6-10  Estate Research Center and for carrying out the purposes,
   6-11  objectives, and duties of the center.  However, all money expended
   6-12  from the separate account shall be as determined by legislative
   6-13  appropriation.
   6-14        SECTION 6.  Sections 6(a) and (b), The Real Estate License
   6-15  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
   6-16  read as follows:
   6-17        (a)  A person desiring to act as a real estate broker in this
   6-18  state shall file an application for a license with the commission
   6-19  on a form prescribed by the commission.  A broker desiring to
   6-20  engage a person to participate in real estate brokerage activity
   6-21  shall join the person in filing an application for a salesperson
   6-22  <salesman> license on a form prescribed by the commission.  A
   6-23  person previously licensed as a broker may apply for inactive
   6-24  status.  A person previously licensed as a salesperson <salesman>
   6-25  may apply for inactive status without the participation of a
   6-26  broker.  The person must apply for inactive status on a form
   6-27  prescribed by the commission not later than the first anniversary
    7-1  of the date of the expiration of the broker or salesperson
    7-2  <salesman> license.
    7-3        (b)  To be eligible for a license, an individual must be a
    7-4  citizen of the United States or a lawfully admitted alien, be at
    7-5  least 18 years of age, and be a legal resident of Texas at the time
    7-6  of the filing of an application, and must satisfy the commission as
    7-7  to the individual's <his> honesty, trustworthiness, integrity, and
    7-8  competency.  However, the competency of the individual, for the
    7-9  purpose of qualifying for the granting of a license, shall be
   7-10  judged solely on the basis of the examination referred to in
   7-11  Section 7 of this Act.
   7-12        SECTION 7.  Section 6A(a), The Real Estate License Act
   7-13  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   7-14  as follows:
   7-15        (a)  If, at any time before a person applies for a license
   7-16  under this Act, the person requests the commission to determine
   7-17  whether the person's <his> moral character complies with the
   7-18  commission's moral character requirements for licensing under this
   7-19  Act and the person pays a fee set by the commission for the moral
   7-20  character determination, the commission shall make its
   7-21  determination of the person's moral character.
   7-22        SECTION 8.  Sections 7(a), (c)-(e), (g), and (h), The Real
   7-23  Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
   7-24  are amended to read as follows:
   7-25        (a)  Competency as referred to in Section 6 of this Act shall
   7-26  be established by an examination prepared by or contracted for by
   7-27  the commission.  The examination shall be given at such times and
    8-1  at such places within the state as the commission shall prescribe.
    8-2  The examination shall be of scope sufficient in the judgment of the
    8-3  commission to determine that a person is competent to act as a real
    8-4  estate broker or salesperson <salesman> in a manner to protect the
    8-5  interest of the public.  The examination for a salesperson
    8-6  <salesman> license shall be less exacting and less stringent than
    8-7  the examination for a broker license.  The commission shall furnish
    8-8  each applicant with study material and references on which the
    8-9  <his> examination shall be based.  When an applicant for a real
   8-10  estate license fails a qualifying examination, the applicant <he>
   8-11  may apply for reexamination by filing a request therefor together
   8-12  with the proper fee.  The examination requirement must be satisfied
   8-13  not later than six months after the date on which the application
   8-14  for a license is filed.  Courses of study required for a license
   8-15  may include but are not limited to the following, which shall be
   8-16  considered core real estate courses for all purposes of this Act:
   8-17              (1)  Principles of Real Estate (or equivalent) shall
   8-18  include but not be limited to an overview of licensing as a real
   8-19  estate broker and salesperson <salesman>, ethics of practice,
   8-20  titles to and conveyancing of real estate, legal descriptions, law
   8-21  of agency, deeds, encumbrances and liens, distinctions between
   8-22  personal and real property, contracts, appraisal, finance and
   8-23  regulations, closing procedures, real estate mathematics, and at
   8-24  least three classroom hours of instruction on federal, state, and
   8-25  local laws relating to housing discrimination, housing credit
   8-26  discrimination, and community reinvestment.
   8-27              (2)  Real Estate Appraisal (or equivalent) shall
    9-1  include but not be limited to the central purposes and functions of
    9-2  an appraisal, social and economic determinant of value, appraisal
    9-3  case studies, cost, market data and income approaches to value
    9-4  estimates, final correlations, and reporting.
    9-5              (3)  Real Estate Law (or equivalent) shall include but
    9-6  not be limited to legal concepts of real estate, land description,
    9-7  real property rights and estates in land, contracts, conveyances,
    9-8  encumbrances, foreclosures, recording procedures, and evidence of
    9-9  titles.
   9-10              (4)  Real Estate Finance (or equivalent) shall include
   9-11  but not be limited to monetary systems, primary and secondary money
   9-12  markets, sources of mortgage loans, federal government programs,
   9-13  loan applications, processes and procedures, closing costs,
   9-14  alternative financial instruments, equal credit opportunity acts,
   9-15  community reinvestment act, and state housing agency.
   9-16              (5)  Real Estate Marketing (or equivalent) shall
   9-17  include but not be limited to real estate professionalism and
   9-18  ethics, characteristics of successful salespersons <salesmen>, time
   9-19  management, psychology of marketing, listing procedures,
   9-20  advertising, negotiating and closing, financing, and the Deceptive
   9-21  Trade Practices-Consumer Protection Act, as amended, Section 17.01
   9-22  et seq., Business & Commerce Code.
   9-23              (6)  Real Estate Mathematics (or equivalent) shall
   9-24  include but not be limited to basic arithmetic skills and review of
   9-25  mathematical logic, percentages, interest, time-valued money,
   9-26  depreciation, amortization, proration, and estimation of closing
   9-27  statements.
   10-1              (7)  Real Estate Brokerage (or equivalent) shall
   10-2  include but not be limited to law of agency, planning and
   10-3  organization, operational policies and procedures, recruiting,
   10-4  selection and training of personnel, records and control, and real
   10-5  estate firm analysis and expansion criteria.
   10-6              (8)  Property Management (or equivalent) shall include
   10-7  but not be limited to role of property manager, landlord policies,
   10-8  operational guidelines, leases, lease negotiations, tenant
   10-9  relations, maintenance, reports, habitability laws, and the Fair
  10-10  Housing Act.
  10-11              (9)  Real Estate Investments (or equivalent) shall
  10-12  include but not be limited to real estate investment
  10-13  characteristics, techniques of investment analysis, time-valued
  10-14  money, discounted and nondiscounted investment criteria, leverage,
  10-15  tax shelters depreciation, and applications to property tax.
  10-16              (10)  Law of Agency (or equivalent) shall include but
  10-17  not be limited to the principal-agent and master-servant
  10-18  relationships, the authority of an agent, the termination of an
  10-19  agent's authority, the fiduciary and other duties of an agent,
  10-20  employment law, deceptive trade practices, listing or buying
  10-21  representation procedures, and the disclosure of agency.
  10-22        (c)  The commission shall waive the examination of an
  10-23  applicant for a broker license who has, within one year previous to
  10-24  the filing of the <his> application, been licensed in this state as
  10-25  a broker, and shall waive the examination of an applicant for a
  10-26  salesperson <salesman> license who has, within one year previous to
  10-27  the filing of the <his> application, been licensed in this state as
   11-1  either a broker or salesperson <salesman>.
   11-2        (d)  Each applicant for a broker license shall furnish the
   11-3  commission satisfactory evidence that the applicant <he> has had
   11-4  not less than two years active experience in this state as a
   11-5  licensed real estate salesperson <salesman> or broker during the
   11-6  36-month period immediately preceding the filing of the
   11-7  application; and, in addition, shall furnish the commission
   11-8  satisfactory evidence of having completed successfully 60 semester
   11-9  hours, or equivalent classroom hours, of core real estate courses
  11-10  or related postsecondary education courses accepted by the
  11-11  commission.  These qualifications for a broker license may not be
  11-12  required of an applicant who, at the time of making the
  11-13  application, is duly licensed as a real estate broker by any other
  11-14  state in the United States if that state's requirements for
  11-15  licensure are comparable to those of Texas.  As a prerequisite for
  11-16  applying for a broker license, those persons licensed as
  11-17  salespersons <salesmen> subject to the annual education
  11-18  requirements provided by Subsection (e) of this section shall, as
  11-19  part of the hours required by this subsection, furnish the
  11-20  commission satisfactory evidence of having completed all the
  11-21  requirements of Subsection (e) of this section.
  11-22        (e)  Each applicant for a salesperson <salesman> license
  11-23  shall furnish the commission satisfactory evidence of having
  11-24  completed 12 semester hours, or equivalent classroom hours, of
  11-25  postsecondary education, six hours of which must be completed in
  11-26  core real estate courses, of which a minimum of two hours must be
  11-27  completed in Principles of Real Estate as described in Subsection
   12-1  (a)(1) of this section and a minimum of two hours must be completed
   12-2  in Law of Agency as described in Subsection (a)(10) of this
   12-3  section.  The remaining six hours shall be completed in core real
   12-4  estate courses or related courses.  As a condition for the first
   12-5  renewal of a salesperson <salesman> license, the applicant shall
   12-6  furnish the commission satisfactory evidence of having completed a
   12-7  minimum of 14 semester hours, or equivalent classroom hours, eight
   12-8  hours of which must be completed in core real estate courses.  As a
   12-9  condition for the second renewal of a salesperson <salesman>
  12-10  license, the applicant shall furnish the commission satisfactory
  12-11  evidence of having completed a minimum of 16 semester hours, or
  12-12  equivalent classroom hours, 10 hours of which must be completed in
  12-13  core real estate courses.  As a condition for the third renewal of
  12-14  a salesperson <salesman> license, the applicant shall furnish the
  12-15  commission satisfactory evidence of having completed a minimum of
  12-16  18 semester hours, or equivalent classroom hours, 12 hours of which
  12-17  must be completed in core real estate courses.
  12-18        (g)  Notwithstanding any other provision of this Act, each
  12-19  applicant for a broker license shall furnish the commission with
  12-20  satisfactory evidence:
  12-21              (1)  that the applicant <he> has satisfied the
  12-22  requirements of Subsection (d) of this section;
  12-23              (2)  that the applicant <he> is a licensed real estate
  12-24  broker in another state, <that he> has had not less than two years'
  12-25  active experience in the other state as a licensed real estate
  12-26  salesperson <salesman> or broker during the 36-month period
  12-27  immediately preceding the filing of the application, and <that he>
   13-1  has satisfied the educational requirements for a broker license as
   13-2  provided by Subsection (d) of this section; or
   13-3              (3)  that the applicant <he> has, within one year
   13-4  previous to the filing of the <his> application, been licensed in
   13-5  this state as a broker.
   13-6        (h)  Notwithstanding any other provision of this Act, the
   13-7  commission shall waive the requirements of Subsection (e) of this
   13-8  section for an applicant for a salesperson <salesman> license who
   13-9  has, within one year previous to the filing of the <his>
  13-10  application, been licensed in this state as a broker or salesperson
  13-11  <salesman>.  However, with respect to an applicant for a
  13-12  salesperson <salesman> license who was licensed as a salesperson
  13-13  <salesman> within one year previous to the filing of the
  13-14  application but whose original license was issued under the
  13-15  provisions that the first, second, and third renewal of the license
  13-16  would be conditioned upon furnishing satisfactory evidence of
  13-17  successful completion of additional education, the commission shall
  13-18  require the applicant to furnish satisfactory evidence of
  13-19  successful completion of any additional education that would have
  13-20  been required if the license had been maintained without
  13-21  interruption during the previous year.
  13-22        SECTION 9.  Sections 7A(a)-(c), The Real Estate License Act
  13-23  (Article 6573a, Vernon's Texas Civil Statutes), are amended to read
  13-24  as follows:
  13-25        (a)  To renew an active real estate broker license or an
  13-26  active real estate salesperson <salesman> license that is not
  13-27  subject to the annual education requirements of this Act, the
   14-1  licensee must provide the commission proof of attendance at at
   14-2  least 15 classroom hours of continuing education courses approved
   14-3  by the commission during the term of the current license.  The
   14-4  commission by rule may provide for the substitution of relevant
   14-5  educational experience or correspondence courses approved by the
   14-6  commission instead of classroom attendance.  In addition,
   14-7  supervised video instruction may be approved by the commission as a
   14-8  course counting as classroom hours of mandatory continuing
   14-9  education.  At least six hours of instruction must be devoted to
  14-10  the rules of the commission, fair housing laws, agency laws,
  14-11  antitrust laws, the Deceptive Trade Practices-Consumer Protection
  14-12  Act (Subchapter E, Chapter 17, Business & Commerce Code),
  14-13  disclosures to buyers and sellers, current contract and addendum
  14-14  forms, the unauthorized practice of law, case studies involving
  14-15  violations of laws and regulations, current Federal Housing
  14-16  Administration and Veterans Administration regulations, tax laws,
  14-17  and other legal topics approved by the commission.  The remaining
  14-18  hours may be devoted to other real estate-related topics approved
  14-19  by the commission.  The commission may consider equivalent courses
  14-20  for continuing education credit.  The commission, on the request of
  14-21  a provider of education, shall review a core real estate course
  14-22  authorized under Section 7 of this Act and may approve it as a
  14-23  mandatory continuing education course.  Real estate related courses
  14-24  approved by the State Bar of Texas for minimum continuing legal
  14-25  education participatory credit shall automatically be approved as
  14-26  mandatory continuing education courses under this Act.  The
  14-27  commission may not require examinations except for correspondence
   15-1  courses.   Daily course segments must be at least three hours long
   15-2  but not more than 10 hours long.  If the license being renewed
   15-3  under this section was issued for less than two years, the licensee
   15-4  must provide the commission proof of attendance at at least eight
   15-5  classroom hours of continuing education within the term of the
   15-6  current license, three classroom hours of which must have been
   15-7  devoted to the legal topics specified in this section.
   15-8        (b)  An applicant for an active real estate broker license or
   15-9  an active real estate salesperson <salesman> license who is not
  15-10  subject to the education requirements of Section 7 of this Act must
  15-11  provide the commission with proof of attendance of the number of
  15-12  classroom hours of continuing education that would have been
  15-13  required for a timely renewal as specified in Subsection (a) of
  15-14  this section during the two-year period preceding the filing of the
  15-15  application.
  15-16        (c)  As a condition of returning to active status, an
  15-17  inactive salesperson <salesman> whose license is not subject to the
  15-18  annual education requirements of this Act must provide the
  15-19  commission with proof of attendance at at least 15 hours of
  15-20  continuing education as specified in Subsection (a) of this section
  15-21  during the two-year period preceding the filing of the application.
  15-22        SECTION 10.  Sections 8(a)-(f), (h), (i), (l), (n), and (q),
  15-23  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
  15-24  Statutes), are amended to read as follows:
  15-25        (a)  The commission shall establish a real estate recovery
  15-26  fund which shall be set apart and maintained by the commission as
  15-27  provided in this section.  The fund shall be used in the manner
   16-1  provided in this section for reimbursing aggrieved persons who
   16-2  suffer actual damages by reason of certain acts committed by a duly
   16-3  licensed real estate broker or salesperson <salesman>, or by an
   16-4  unlicensed employee or agent of a broker or salesperson <salesman>,
   16-5  provided the broker or salesperson <salesman> was licensed by the
   16-6  State of Texas at the time the act was committed and provided
   16-7  recovery is ordered by a court of competent jurisdiction against
   16-8  the broker or salesperson <salesman>.  The use of the fund is
   16-9  limited to an act that constitutes a violation of Section 15(a)(3)
  16-10  or (6) of this Act.
  16-11        (b)  On application for an original license pursuant to this
  16-12  Act, the applicant shall pay, in addition to the <his> original
  16-13  license application fee, a fee of $10 which shall be deposited in
  16-14  the real estate recovery fund.
  16-15        (c)  If on December 31 of any year the balance remaining in
  16-16  the real estate recovery fund is less than $1 million, each real
  16-17  estate broker and each real estate salesperson <salesman>, on the
  16-18  next renewal of the <his> license, shall pay, in addition to the
  16-19  <his> license renewal fee, a fee of $10, which shall be deposited
  16-20  in the real estate recovery fund, or a pro rata share of the amount
  16-21  necessary to bring the fund to $1.7 million, whichever is less.  If
  16-22  on December 31 of any year the balance remaining in the real estate
  16-23  recovery fund is more than $3.5 million or more than the total
  16-24  amount of claims paid from the fund during the previous four fiscal
  16-25  years, whichever is greater, the amount of money in excess of the
  16-26  greater amount shall be transferred to the general revenue fund.
  16-27        (d)  No action for a judgment which subsequently results in
   17-1  an order for collection from the real estate recovery fund shall be
   17-2  started later than two years from the accrual of the cause of
   17-3  action.  When an aggrieved person commences action for a judgment
   17-4  which may result in collection from the real estate recovery fund,
   17-5  the real estate broker or real estate salesperson <salesman> shall
   17-6  notify the commission in writing to this effect at the time of the
   17-7  commencement of the action.
   17-8        (e)  When an aggrieved person recovers a valid judgment in a
   17-9  court of competent jurisdiction against a real estate broker or
  17-10  real estate salesperson <salesman>, on the grounds described in
  17-11  Subsection (a) of this section that occurred on or after May 19,
  17-12  1975, the aggrieved person may, after final judgment has been
  17-13  entered, execution returned nulla bona, and a judgment lien
  17-14  perfected, file a verified claim in the court in which the judgment
  17-15  was entered and, on 20 days' written notice to the commission, and
  17-16  to the judgment debtor, may apply to the court for an order
  17-17  directing payment out of the real estate recovery fund of the
  17-18  amount unpaid on the judgment, subject to the limitations stated in
  17-19  Subsection (n) of this section.
  17-20        (f)  The court shall proceed on the application forthwith.
  17-21  On the hearing on the application, the aggrieved person is required
  17-22  to show that:
  17-23              (1)  the judgment is based on facts allowing recovery
  17-24  under Subsection (a) of this section;
  17-25              (2)  the person <he> is not a spouse of the debtor, or
  17-26  the personal representative of the spouse; and the person <he> is
  17-27  not a real estate broker or salesperson <salesman>, as defined by
   18-1  this Act, who is seeking to recover a real estate commission in the
   18-2  transaction or transactions for which the application for payment
   18-3  is made;
   18-4              (3)  the person <he> has obtained a judgment under
   18-5  Subsection (e) of this section that is not subject to a stay or
   18-6  discharge in bankruptcy, stating the amount of the judgment and the
   18-7  amount owing on the judgment at the date of the application;
   18-8              (4)  based on the best available information, the
   18-9  judgment debtor lacks sufficient attachable assets in this state or
  18-10  any other state to satisfy the judgment; and
  18-11              (5)  the amount that may be realized from the sale of
  18-12  real or personal property or other assets liable to be sold or
  18-13  applied in satisfaction of the judgment and the balance remaining
  18-14  due on the judgment after application of the amount that may be
  18-15  realized.
  18-16        (h)  The court shall make an order directed to the commission
  18-17  requiring payment from the real estate recovery fund of whatever
  18-18  sum it finds to be payable on the claim, pursuant to and in
  18-19  accordance with the limitations contained in this section, if the
  18-20  court is satisfied, on the hearing, of the truth of all matters
  18-21  required to be shown by the aggrieved person by Subsection (f) of
  18-22  this section and that the aggrieved person has satisfied all of the
  18-23  requirements of Subsections (e) and (f) of this section.  The
  18-24  commission may relitigate any issue material and relevant in the
  18-25  hearing on the application that was determined in the underlying
  18-26  action on which the judgment in favor of the applicant was based.
  18-27  If the court finds that the aggregate amount of claims against a
   19-1  real estate broker or salesperson <salesman> exceeds the
   19-2  limitations contained in this section, the court shall reduce
   19-3  proportionately the amount it finds payable on the claim.
   19-4        (i)  A license granted under the provisions of this Act may
   19-5  be revoked by the commission on proof that the commission has made
   19-6  a payment from the real estate recovery fund of any amount toward
   19-7  satisfaction of a judgment against a licensed real estate broker or
   19-8  salesperson <salesman>.  The commission may probate an order
   19-9  revoking a license.  No broker or salesperson <salesman> is
  19-10  eligible to receive a new license until the broker or salesperson
  19-11  <he> has repaid in full, plus interest at the current legal rate,
  19-12  the amount paid from the real estate recovery fund on the broker's
  19-13  or salesperson's <his> account.
  19-14        (l)  When, on the order of the court, the commission has paid
  19-15  from the real estate recovery fund any sum to the judgment
  19-16  creditor, the commission shall be subrogated to all of the rights
  19-17  of the judgment creditor to the extent of the amount paid.  The
  19-18  judgment creditor shall assign all of the creditor's <his> right,
  19-19  title, and interest in the judgment up to the amount paid by the
  19-20  commission which amount shall have priority for repayment in the
  19-21  event of any subsequent recovery on the judgment.  Any amount and
  19-22  interest recovered by the commission on the judgment shall be
  19-23  deposited to the fund.
  19-24        (n)  Notwithstanding any other provision, payments from the
  19-25  real estate recovery fund are subject to the following conditions
  19-26  and limitations:
  19-27              (1)  payments may be made only pursuant to an order of
   20-1  a court of competent jurisdiction, as provided in Subsection (e) of
   20-2  this section, and in the manner prescribed by this section;
   20-3              (2)  payments for claims, including attorneys' fees,
   20-4  interest, and court costs, arising out of the same transaction
   20-5  shall be limited in the aggregate to $50,000 regardless of the
   20-6  number of claimants; and
   20-7              (3)  payments for claims based on judgments against any
   20-8  one licensed real estate broker or salesperson <salesman> may not
   20-9  exceed in the aggregate $100,000 until the fund has been reimbursed
  20-10  by the licensee for all amounts paid.
  20-11        (q)  A broker or salesperson <salesman> licensed under this
  20-12  Act shall notify consumers and service recipients of the
  20-13  availability of the real estate recovery fund established under
  20-14  this section for reimbursing certain aggrieved persons.  The notice
  20-15  must include the name, mailing address, and telephone number of the
  20-16  commission and any other information required by commission rule.
  20-17  The notification may be provided with the notice required by
  20-18  Section 5(q) of this Act or:
  20-19              (1)  on a written contract for the services of a broker
  20-20  or salesperson <salesman>;
  20-21              (2)  on a brochure distributed by a broker or
  20-22  salesperson <salesman>;
  20-23              (3)  on a sign prominently displayed in the place of
  20-24  business of a salesperson <salesman> or broker; or
  20-25              (4)  in a bill or receipt for service provided by a
  20-26  broker or salesperson <salesman>.
  20-27        SECTION 11.  Sections 9(a), (b), and (e), The Real Estate
   21-1  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
   21-2  amended to read as follows:
   21-3        (a)  When an applicant has satisfactorily met all
   21-4  requirements and conditions of this Act, a license shall be issued
   21-5  which may remain in force and effect so long as the holder of the
   21-6  license remains in compliance with the obligations of this Act,
   21-7  which include payment of the renewal fee as provided in Section 11
   21-8  of this Act.  Each active salesperson <salesman> license issued
   21-9  shall be delivered or mailed to the broker with whom the
  21-10  salesperson <salesman> is associated and shall be kept under the
  21-11  broker's <his> custody and control.
  21-12        (b)  An applicant is not permitted to engage in the real
  21-13  estate business either as a broker or salesperson <salesman> until
  21-14  a license evidencing the applicant's <his> authority to engage in
  21-15  the real estate business has been received.
  21-16        (e)  The commission shall require in any application for a
  21-17  broker or salesperson <salesman> license or a renewal of a broker
  21-18  or salesperson <salesman> license the applicant to disclose whether
  21-19  the applicant has entered a plea of guilty or nolo contendere to,
  21-20  been found guilty of, or been convicted of a felony and the time
  21-21  for appeal has elapsed or the judgment or conviction has been
  21-22  affirmed on appeal, irrespective of an order granting probation
  21-23  following the conviction or suspending the imposition of sentence.
  21-24        SECTION 12.  Section 10(a), The Real Estate License Act
  21-25  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  21-26  as follows:
  21-27        (a)  If the commission declines or fails to license an
   22-1  applicant, it shall immediately give written notice of the refusal
   22-2  to the applicant.  Before the applicant may appeal to a district
   22-3  court as provided in Section 18 of this Act, the applicant <he>
   22-4  must file within 10 days after the receipt of the notice an appeal
   22-5  from the ruling, requesting a time and place for a hearing before
   22-6  the commission.  The commission shall set a time and place for the
   22-7  hearing within 30 days from the receipt of the appeal, giving 10
   22-8  days' notice of the hearing to the applicant.  The time of the
   22-9  hearing may be continued from time to time with the consent of the
  22-10  applicant.  Following the hearing, the commission shall enter an
  22-11  order which is, in its opinion, appropriate in the matter
  22-12  concerned.
  22-13        SECTION 13.  Section 11, The Real Estate License Act (Article
  22-14  6573a, Vernon's Texas Civil Statutes), is amended to read as
  22-15  follows:
  22-16        Sec. 11.  <(a)>  The commission shall charge and collect the
  22-17  following fees:
  22-18              (1)  a fee not to exceed $100 for the filing of an
  22-19  original application for a real estate broker license;
  22-20              (2)  a fee not to exceed $100 for annual renewal of a
  22-21  real estate broker license;
  22-22              (3)  a fee not to exceed $50 for the filing of an
  22-23  original application for a real estate salesperson <salesman>
  22-24  license;
  22-25              (4)  a fee not to exceed $50 for annual renewal of a
  22-26  real estate salesperson <salesman> license;
  22-27              (5)  a fee not to exceed $25 for an application for a
   23-1  license examination;
   23-2              (6)  a fee not to exceed $20 for filing a request for a
   23-3  license for each additional office or place of business;
   23-4              (7)  a fee not to exceed $20 for filing a request for a
   23-5  license for a change of place of business, change of name, return
   23-6  to active status, or change of sponsoring broker;
   23-7              (8)  a fee not to exceed $20 for filing a request to
   23-8  replace a license lost or destroyed;
   23-9              (9)  a fee not to exceed $400 for filing an application
  23-10  for approval of an education program under Section 7(f) of this
  23-11  Act;
  23-12              (10)  a fee not to exceed $200 a year for operation of
  23-13  an education program under Section 7(f) of this Act;
  23-14              (11)  a fee of $15 for transcript evaluation;
  23-15              (12)  a fee not to exceed $10 for preparing a license
  23-16  history; and
  23-17              (13)  a fee not to exceed $50 for the filing of an
  23-18  application for a moral character determination.
  23-19        SECTION 14.  Sections 12(a), (b), and (d), The Real Estate
  23-20  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
  23-21  amended to read as follows:
  23-22        (a)  Each resident broker shall maintain a fixed office
  23-23  within this state.   The address of the office shall be designated
  23-24  on the broker's license.  Within 10 days after a move from a
  23-25  previously designated address, the broker shall submit an
  23-26  application for a new license, designating the new location of the
  23-27  broker's <his> office, together with the required fee, whereupon
   24-1  the commission shall issue a license, reflecting the new location,
   24-2  provided the new location complies with the terms of this section.
   24-3        (b)  If a broker maintains more than one place of business
   24-4  within this state, the broker <he> shall apply for, pay the
   24-5  required fee for, and obtain an additional license to be known as a
   24-6  branch office license for each additional office the broker <he>
   24-7  maintains.
   24-8        (d)  Each broker shall also prominently display in the
   24-9  broker's <his> place or in one of the broker's <his> places of
  24-10  business the license of each real estate salesperson <salesman>
  24-11  associated with the broker <him>.
  24-12        SECTION 15.  Section 13, The Real Estate License Act (Article
  24-13  6573a, Vernon's Texas Civil Statutes), is amended to read as
  24-14  follows:
  24-15        Sec. 13.  (a)  When the association of a salesperson
  24-16  <salesman> with the salesperson's <his> sponsoring broker is
  24-17  terminated, the broker shall immediately return the salesperson
  24-18  <salesman> license to the commission.  The salesperson <salesman>
  24-19  license then becomes inactive.
  24-20        (b)  The salesperson <salesman> license may be activated if,
  24-21  before the license expires, a request, accompanied by the required
  24-22  fee, is filed with the commission by a licensed broker advising
  24-23  that the broker <he> assumes sponsorship of the salesperson
  24-24  <salesman>.
  24-25        SECTION 16.  Section 13A(a), The Real Estate License Act
  24-26  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  24-27  as follows:
   25-1        (a)  A real estate broker who holds a license issued under
   25-2  this Act and who is not acting as a broker or sponsoring a
   25-3  salesperson <salesman> may apply to the commission in writing to be
   25-4  placed on the inactive status list maintained by the commission.
   25-5  The broker must apply for inactive status before the expiration of
   25-6  the broker's license.  The broker shall terminate the broker's
   25-7  association with any salesperson <salesmen> sponsored by the broker
   25-8  by giving written notice to the salesperson <salesmen> before the
   25-9  30th day before the date the broker applies for inactive status.  A
  25-10  person on inactive status under this section is required to pay the
  25-11  annual renewal fees.
  25-12        SECTION 17.  Section 14, The Real Estate License Act (Article
  25-13  6573a, Vernon's Texas Civil Statutes), is amended to read as
  25-14  follows:
  25-15        Sec. 14.  (a)  It is unlawful for a licensed broker to employ
  25-16  or compensate directly or indirectly a person for performing an act
  25-17  enumerated in the definition of real estate broker in Section 2 of
  25-18  this Act if the person is not a licensed broker or licensed
  25-19  salesperson <salesman> in this state.  However, a licensed broker
  25-20  may pay a commission to a licensed broker of another state if the
  25-21  foreign broker does not conduct in this state any of the
  25-22  negotiations for which the fee, compensation, or commission is
  25-23  paid.
  25-24        (b)  A resident broker of another state who furnishes the
  25-25  evidence required under Section 7(g) of this Act may apply for a
  25-26  license as a broker in this state.  A resident of another state who
  25-27  is not licensed as a broker but who was formerly licensed as a
   26-1  salesperson <salesman> or broker in this state may apply for a
   26-2  license in this state not later than the first anniversary of the
   26-3  date of the expiration of the previous license.  An application by
   26-4  a nonresident is subject to the requirements under this Act for the
   26-5  type of license applied for.  A nonresident licensee need not
   26-6  maintain a place of business in this state.  The commission may in
   26-7  its discretion refuse to issue a license to an applicant who is not
   26-8  a resident of this state for the same reasons that it may refuse to
   26-9  license a resident of this state.  The commission shall judge the
  26-10  competency of a nonresident applicant solely on the basis of the
  26-11  examination conducted under Section 7 of this Act.
  26-12        (c)  Each nonresident applicant shall file an irrevocable
  26-13  consent that legal actions may be commenced against the applicant
  26-14  <him> in the proper court of any county of this state in which a
  26-15  cause of action may arise, or in which the plaintiff may reside, by
  26-16  service of process or pleading authorized by the laws of this
  26-17  state, or by serving the administrator or assistant administrator
  26-18  of the commission.  The consent shall stipulate that the service of
  26-19  process or pleading shall be valid and binding in all courts as if
  26-20  personal service had been made on the nonresident in this state.
  26-21  The consent shall be duly acknowledged, and if made by a
  26-22  corporation, shall be authenticated by its seal.  A service of
  26-23  process or pleading served on the commission shall be by duplicate
  26-24  copies, one of which shall be filed in the office of the commission
  26-25  and the other forwarded by registered mail to the last known
  26-26  principal address which the commission has for the nonresident
  26-27  against whom the process or pleading is directed.  No default in an
   27-1  action may be taken except on certification by the commission that
   27-2  a copy of the process or pleading was mailed to the defendant as
   27-3  provided in this section, and no default judgment may be taken in
   27-4  an action or proceeding until 20 days after the day of mailing of
   27-5  the process or pleading to the defendant.
   27-6        Notwithstanding any other provision of this subsection, a
   27-7  nonresident of this state who resides in a city whose boundaries
   27-8  are contiguous at any point to the boundaries of a city of this
   27-9  state, and who has been an actual bona fide resident of that city
  27-10  for at least 60 days immediately preceding the filing of his
  27-11  application, is eligible to be licensed as a real estate broker or
  27-12  salesperson <salesman> under this Act in the same manner as a
  27-13  resident of this state.  If a person <he> is licensed in this
  27-14  manner, the person <he> shall at all times maintain a place of
  27-15  business either in the city in which the person <he> resides or in
  27-16  the city in this state which is contiguous to the city in which the
  27-17  person <he> resides, and the person <he> may not maintain a place
  27-18  of business at another location in this state unless the person
  27-19  <he> also complies with the requirements of Section 14(b) of this
  27-20  Act.  The place of business must satisfy the requirements of
  27-21  Subsection (a) of Section 12 of this Act, but the place of business
  27-22  shall be deemed a definite place of business in this state within
  27-23  the meaning of Subsection (a) of Section 12.
  27-24        SECTION 18.  Sections 15(a) and (d), The Real Estate License
  27-25  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
  27-26  read as follows:
  27-27        (a)  The commission may, on its own motion, and shall, on the
   28-1  signed complaint in writing of a consumer or service recipient,
   28-2  provided the complaint, or the complaint together with evidence,
   28-3  documentary or otherwise, presented in connection with the
   28-4  complaint, provides reasonable cause, investigate the actions and
   28-5  records of a real estate broker or real estate salesperson
   28-6  <salesman>.  The commission may suspend or revoke a license issued
   28-7  under the provisions of this Act at any time when it has been
   28-8  determined that:
   28-9              (1)  the licensee has entered a plea of guilty or nolo
  28-10  contendere to, or been found guilty of, or been convicted of, a
  28-11  felony, in which fraud is an essential element, and the time for
  28-12  appeal has elapsed or the judgment or conviction has been affirmed
  28-13  on appeal, irrespective of an order granting probation following
  28-14  such conviction, suspending the imposition of sentence;
  28-15              (2)  the licensee has procured, or attempted to
  28-16  procure, a real estate license, for the licensee <himself> or a
  28-17  salesperson <salesman>, by fraud, misrepresentation or deceit, or
  28-18  by making a material misstatement of fact in an application for a
  28-19  real estate license;
  28-20              (3)  the licensee, when selling, buying, trading, or
  28-21  renting real property in the licensee's <his> own name, engaged in
  28-22  misrepresentation or dishonest or fraudulent action;
  28-23              (4)  the licensee has failed within a reasonable time
  28-24  to make good a check issued to the commission after the commission
  28-25  has mailed a request for payment by certified mail to the
  28-26  licensee's last known business address as reflected by the
  28-27  commission's records;
   29-1              (5)  the licensee has disregarded or violated a
   29-2  provision of this Act;
   29-3              (6)  the licensee, while performing an act constituting
   29-4  an act of a broker or salesperson <salesman>, as defined by this
   29-5  Act, has been guilty of:
   29-6                    (A)  making a material misrepresentation, or
   29-7  failing to disclose to a potential purchaser any latent structural
   29-8  defect or any other defect known to the broker or salesperson
   29-9  <salesman>.  Latent structural defects and other defects do not
  29-10  refer to trivial or insignificant defects but refer to those
  29-11  defects that would be a significant factor to a reasonable and
  29-12  prudent purchaser in making a decision to purchase;
  29-13                    (B)  making a false promise of a character likely
  29-14  to influence, persuade, or induce any person to enter into a
  29-15  contract or agreement when the licensee could not or did not intend
  29-16  to keep such promise;
  29-17                    (C)  pursuing a continued and flagrant course of
  29-18  misrepresentation or making of false promises through agents,
  29-19  salespersons <salesmen>, advertising, or otherwise;
  29-20                    (D)  failing to make clear, to all parties to a
  29-21  transaction, which party the licensee <he> is acting for, or
  29-22  receiving compensation from more than one party except with the
  29-23  full knowledge and consent of all parties;
  29-24                    (E)  failing within a reasonable time properly to
  29-25  account for or remit money coming into the licensee's <his>
  29-26  possession which belongs to others, or commingling money belonging
  29-27  to others with the licensee's <his> own funds;
   30-1                    (F)  paying a commission or fees to or dividing a
   30-2  commission or fees with anyone not licensed as a real estate broker
   30-3  or salesperson <salesman> in this state or in any other state for
   30-4  compensation for services as a real estate agent;
   30-5                    (G)  failing to specify in a listing contract a
   30-6  definite termination date which is not subject to prior notice;
   30-7                    (H)  accepting, receiving, or charging an
   30-8  undisclosed commission, rebate, or direct profit on expenditures
   30-9  made for a principal;
  30-10                    (I)  soliciting, selling, or offering for sale
  30-11  real property under a scheme or program that constitutes a lottery
  30-12  or deceptive practice;
  30-13                    (J)  acting in the dual capacity of broker and
  30-14  undisclosed principal in a transaction;
  30-15                    (K)  guaranteeing, authorizing, or permitting a
  30-16  person to guarantee that future profits will result from a resale
  30-17  of real property;
  30-18                    (L)  placing a sign on real property offering it
  30-19  for sale, lease, or rent without the written consent of the owner
  30-20  or the owner's <his> authorized agent;
  30-21                    (M)  inducing or attempting to induce a party to
  30-22  a contract of sale or lease to break the contract for the purpose
  30-23  of substituting in lieu thereof a new contract;
  30-24                    (N)  negotiating or attempting to negotiate the
  30-25  sale, exchange, lease, or rental of real property with an owner or
  30-26  lessor, knowing that the owner or lessor had a written outstanding
  30-27  contract, granting exclusive agency in connection with the property
   31-1  to another real estate broker;
   31-2                    (O)  offering real property for sale or for lease
   31-3  without the knowledge and consent of the owner or the owner's <his>
   31-4  authorized agent, or on terms other than those authorized by the
   31-5  owner or the owner's <his> authorized agent;
   31-6                    (P)  publishing, or causing to be published, an
   31-7  advertisement including, but not limited to, advertising by
   31-8  newspaper, radio, television, or display which is misleading, or
   31-9  which is likely to deceive the public, or which in any manner tends
  31-10  to create a misleading impression, or which fails to identify the
  31-11  person causing the advertisement to be published as a licensed real
  31-12  estate broker or agent;
  31-13                    (Q)  having knowingly withheld from or inserted
  31-14  in a statement of account or invoice, a statement that made it
  31-15  inaccurate in a material particular;
  31-16                    (R)  publishing or circulating an unjustified or
  31-17  unwarranted threat of legal proceedings, or other action;
  31-18                    (S)  establishing an association, by employment
  31-19  or otherwise, with an unlicensed person who is expected or required
  31-20  to act as a real estate licensee, or aiding or abetting or
  31-21  conspiring with a person to circumvent the requirements of this
  31-22  Act;
  31-23                    (T)  failing or refusing on demand to furnish
  31-24  copies of a document pertaining to a transaction dealing with real
  31-25  estate to a person whose signature is affixed to the document;
  31-26                    (U)  failing to advise a purchaser in writing
  31-27  before the closing of a transaction that the purchaser should
   32-1  either have the abstract covering the real estate which is the
   32-2  subject of the contract examined by an attorney of the purchaser's
   32-3  own selection, or be furnished with or obtain a policy of title
   32-4  insurance;
   32-5                    (V)  conduct which constitutes dishonest
   32-6  dealings, bad faith, or untrustworthiness;
   32-7                    (W)  acting negligently or incompetently in
   32-8  performing an act for which a person is required to hold a real
   32-9  estate license;
  32-10                    (X)  disregarding or violating a provision of
  32-11  this Act;
  32-12                    (Y)  failing within a reasonable time to deposit
  32-13  money received as escrow agent in a real estate transaction, either
  32-14  in trust with a title company authorized to do business in this
  32-15  state, or in a custodial, trust, or escrow account maintained for
  32-16  that purpose in a banking institution authorized to do business in
  32-17  this state;
  32-18                    (Z)  disbursing money deposited in a custodial,
  32-19  trust, or escrow account, as provided in Subsection (Y) before the
  32-20  transaction concerned has been consummated or finally otherwise
  32-21  terminated; or
  32-22                    (AA)  discriminating against an owner, potential
  32-23  purchaser, lessor, or potential lessee on the basis of race, color,
  32-24  religion, sex, national origin, or ancestry, including directing
  32-25  prospective home buyers or lessees interested in equivalent
  32-26  properties to different areas according to the race, color,
  32-27  religion, sex, national origin, or ancestry of the potential owner
   33-1  or lessee;
   33-2              (7)  the licensee has failed or refused on demand to
   33-3  produce a document, book, or record in the licensee's <his>
   33-4  possession concerning a real estate transaction conducted by the
   33-5  licensee <him> for inspection by the commission or its authorized
   33-6  personnel or representative;
   33-7              (8)  the licensee has failed within a reasonable time
   33-8  to provide information requested by the commission as a result of a
   33-9  formal or informal complaint to the commission which would indicate
  33-10  a violation of this Act; or
  33-11              (9)  the licensee has failed without just cause to
  33-12  surrender to the rightful owner, on demand, a document or
  33-13  instrument coming into the licensee's <his> possession.
  33-14        (d)  The commission may not investigate under this section a
  33-15  complaint submitted more than four years after the date of the
  33-16  incident involving a real estate broker or salesperson <salesman>
  33-17  that is the subject of the complaint.
  33-18        SECTION 19.  Section 15D, The Real Estate License Act
  33-19  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  33-20  as follows:
  33-21        Sec. 15D.  No licensed real estate broker, licensed real
  33-22  estate salesperson <salesman>, or not for profit real estate board
  33-23  or association which provides information about real property sales
  33-24  prices or terms of sale for the purpose of facilitating the
  33-25  listing, selling, leasing, financing, or appraisal of real property
  33-26  shall be liable to any other person as a result of so providing
  33-27  such information unless the disclosure of same is otherwise
   34-1  specifically prohibited by statute.
   34-2        SECTION 20.  Sections 16(a), (b), (d), and (e), The Real
   34-3  Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
   34-4  are amended to read as follows:
   34-5        (a)  A license granted under the provisions of this Act shall
   34-6  be suspended or revoked by the commission on proof that the
   34-7  licensee, not being licensed and authorized to practice law in this
   34-8  state, for a consideration, reward, pecuniary benefit, present or
   34-9  anticipated, direct or indirect, or in connection with or as a part
  34-10  of the licensee's <his> employment, agency, or fiduciary
  34-11  relationship as a licensee, drew a deed, note, deed of trust, will,
  34-12  or other written instrument that may transfer or anywise affect the
  34-13  title to or an interest in land, except as provided in the
  34-14  subsections below, or advised or counseled a person as to the
  34-15  validity or legal sufficiency of an instrument or as to the
  34-16  validity of title to real estate.
  34-17        (b)  Notwithstanding the provisions of this Act or any other
  34-18  law, the completion of contract forms which bind the sale,
  34-19  exchange, option, lease, or rental of any interest in real property
  34-20  by a real estate broker or salesperson <salesman> incident to the
  34-21  performance of the acts of a broker as defined by this article does
  34-22  not constitute the unauthorized or illegal practice of law in this
  34-23  state, provided the forms have been promulgated for use by the
  34-24  commission for the particular kind of transaction involved, or the
  34-25  forms have been prepared by an attorney at law licensed by this
  34-26  state and approved by said attorney for the particular kind of
  34-27  transaction involved, or the forms have been prepared by the
   35-1  property owner or prepared by an attorney and required by the
   35-2  property owner.
   35-3        (d)  The Texas Real Estate Broker-Lawyer Committee shall have
   35-4  12 members including six members appointed by the commission and
   35-5  six members of the State Bar of Texas appointed by the President of
   35-6  the State Bar of Texas.  The members of the committee shall hold
   35-7  office for staggered terms of six years with the terms of two
   35-8  commission appointees and two State Bar appointees expiring every
   35-9  two years.  Each member shall hold office until the member's <his>
  35-10  successor is appointed.  A vacancy for any cause shall be filled
  35-11  for the expired term by the agency making the original appointment.
  35-12  Appointments to the committee shall be made without regard to race,
  35-13  creed, sex, religion, or national origin.
  35-14        (e)  In the best interest of the public the commission may
  35-15  adopt rules and regulations requiring real estate brokers and
  35-16  salespersons <salesmen> to use contract forms which have been
  35-17  prepared by the Texas Real Estate Broker-Lawyer Committee and
  35-18  promulgated by the commission; provided, however, that the
  35-19  commission shall not prohibit a real estate broker or salesperson
  35-20  <salesman> from using a contract form or forms binding the sale,
  35-21  exchange, option, lease, or rental of any interest in real property
  35-22  which have been prepared by the property owner or prepared by an
  35-23  attorney and required by the property owner.  For the purpose of
  35-24  this section, contract forms prepared by the Texas Real Estate
  35-25  Broker-Lawyer Committee appointed by the commission and the State
  35-26  Bar of Texas and promulgated by the commission prior to the
  35-27  effective date of this Act shall be deemed to have been prepared by
   36-1  the Texas Real Estate Broker-Lawyer Committee.  The commission may
   36-2  suspend or revoke a license issued under the provisions of this
   36-3  article when it has determined that the licensee failed to use a
   36-4  contract form as required by the commission pursuant to this
   36-5  section.
   36-6        SECTION 21.  Section 17(a), The Real Estate License Act
   36-7  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   36-8  as follows:
   36-9        (a)  If the commission proposes to suspend or revoke a
  36-10  person's license or registration, the person is entitled to a
  36-11  hearing before the commission or a hearings officer appointed by
  36-12  the commission.  The commission shall prescribe procedures by which
  36-13  all decisions to suspend or revoke are made by or are appealable to
  36-14  the commission.  The commission shall prescribe the time and place
  36-15  of the hearing.  However, the hearing shall be held, if the
  36-16  licensee so desires, within the county where the licensee has the
  36-17  licensee's <his> principal place of business, or if the licensee is
  36-18  a nonresident, the hearing may be called for and held in any county
  36-19  within this state.  The hearing is governed by the procedures for a
  36-20  contested case under Chapter 2001, Government Code <the
  36-21  Administrative Procedure and Texas Register Act (Article 6252-13a,
  36-22  Vernon's Texas Civil Statutes)>.
  36-23        SECTION 22.  Section 18A(a), The Real Estate License Act
  36-24  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  36-25  as follows:
  36-26        (a)  Any listing contract form adopted by the commission
  36-27  relating to the contractual obligations between a seller of real
   37-1  estate and a real estate broker or salesperson <salesman> acting as
   37-2  an agent for the seller shall include a section that informs the
   37-3  parties to the contract that real estate commissions are
   37-4  negotiable.
   37-5        SECTION 23.  Section 18B(a), The Real Estate License Act
   37-6  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   37-7  as follows:
   37-8        (a)  If a person files a complaint with the commission
   37-9  relating to a real estate broker or salesperson <salesman>, the
  37-10  commission shall furnish to the person an explanation of the
  37-11  remedies that are available to the person under this Act and
  37-12  information about appropriate state or local agencies or officials
  37-13  with which the person may file a complaint.  The commission shall
  37-14  furnish the same explanation and information to the person against
  37-15  whom the complaint is filed.
  37-16        SECTION 24.  Sections 19(a) and (b), The Real Estate License
  37-17  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
  37-18  read as follows:
  37-19        (a)  A person acting as a real estate broker or real estate
  37-20  salesperson <salesman> without first obtaining a license is guilty
  37-21  of a misdemeanor and on conviction shall be punishable by a fine of
  37-22  not less than $100 nor more than $500, or by imprisonment in the
  37-23  county jail for a term not to exceed one year, or both; and if a
  37-24  corporation or a limited liability company, shall be punishable by
  37-25  a fine of not less than $1,000 nor more than $2,000.  A person, on
  37-26  conviction of a second or subsequent offense, shall be punishable
  37-27  by a fine of not less than $500 nor more than $1,000, or by
   38-1  imprisonment for a term not to exceed two years, or both; and if a
   38-2  corporation or a limited liability company, shall be punishable by
   38-3  a fine of not less than $2,000 nor more than $5,000.
   38-4        (b)  In case a person received money, or the equivalent
   38-5  thereof, as a fee, commission, compensation, or profit by or in
   38-6  consequence of a violation of Subsection (a) of this section, the
   38-7  person <he> shall, in addition, be liable to a penalty of not less
   38-8  than the amount of the sum of money so received and not more than
   38-9  three times the sum so received, as may be determined by the court,
  38-10  which penalty may be recovered in a court of competent jurisdiction
  38-11  by an aggrieved person.
  38-12        SECTION 25.  Section 19A(o), The Real Estate License Act
  38-13  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  38-14  as follows:
  38-15        (o)  A penalty collected under this section for a violation
  38-16  by a person licensed as a real estate broker or salesperson
  38-17  <salesman> shall be deposited in the real estate recovery fund.  A
  38-18  penalty collected under this section for a violation by a person
  38-19  licensed or registered as a real estate inspector shall be
  38-20  deposited in the real estate inspection recovery fund.
  38-21        SECTION 26.  Section 20, The Real Estate License Act (Article
  38-22  6573a, Vernon's Texas Civil Statutes), is amended to read as
  38-23  follows:
  38-24        Sec. 20.  (a)  A person may not bring or maintain an action
  38-25  for the collection of compensation for the performance in this
  38-26  state of an act set forth in Section 2 of this Act without alleging
  38-27  and proving that the person performing the brokerage services was a
   39-1  duly licensed real estate broker or salesperson <salesman> at the
   39-2  time the alleged services were commenced, or was a duly licensed
   39-3  attorney at law in this state or in any other state.
   39-4        (b)  An action may not be brought in a court in this state
   39-5  for the recovery of a commission for the sale or purchase of real
   39-6  estate unless the promise or agreement on which the action is
   39-7  brought, or some memorandum thereof, is in writing and signed by
   39-8  the party to be charged or signed by a person lawfully authorized
   39-9  by the party <him> to sign it.
  39-10        (c)  When an offer to purchase real estate in this state is
  39-11  signed, the real estate broker or salesperson <salesman> shall
  39-12  advise the purchaser or purchasers, in writing, that the purchaser
  39-13  or purchasers should have the abstract covering the real estate
  39-14  which is the subject of the contract examined by an attorney of the
  39-15  purchaser's own selection, or that the purchaser or purchasers
  39-16  should be furnished with or obtain a policy of title insurance.
  39-17  Failure to advise the purchaser as provided in this subsection
  39-18  precludes the payment of or recovery of any commission agreed to be
  39-19  paid on the sale.
  39-20        SECTION 27.  Sections 23(b)(2), (5), and (9), The Real Estate
  39-21  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
  39-22  amended to read as follows:
  39-23              (2)  The committee is composed of nine members
  39-24  appointed by the commission.  The members of the committee hold
  39-25  office for staggered terms of six years, with the terms of three
  39-26  members expiring February 1 of each odd-numbered year.  Each member
  39-27  holds office until the member's successor is appointed.
   40-1  Appointments to the committee shall be made without regard to the
   40-2  sex, race, color, age, handicap, religion, or national origin of
   40-3  the appointees.  In the event of a vacancy during a term, the
   40-4  commission shall appoint a replacement who meets the qualifications
   40-5  for appointment under this subdivision to fill the unexpired part
   40-6  of the term.  A member of the committee must be a professional
   40-7  inspector actively engaged in the practice of real estate
   40-8  inspecting at the time of appointment and must have been primarily
   40-9  engaged in the practice of real estate inspecting for at least five
  40-10  years before the member's appointment.  A member of the committee
  40-11  may not hold a real estate broker or salesperson <salesman>
  40-12  license.  Each member of the committee is entitled to a per diem
  40-13  allowance and to reimbursement of travel expenses necessarily
  40-14  incurred in performing functions as a member of the committee,
  40-15  subject to any applicable limitation in the General Appropriations
  40-16  Act.  The committee shall annually elect from its members a
  40-17  chairperson <chairman>, a vice-chairperson <vice-chairman>, and
  40-18  secretary.  A quorum of the committee consists of five members.
  40-19              (5)  If the administrator of the commission has
  40-20  knowledge that a potential ground for removal exists, the
  40-21  administrator shall notify the chairperson <chairman> of the
  40-22  commission that a potential ground exists.
  40-23              (9)  The committee shall act in an advisory capacity to
  40-24  develop and recommend to the commission rules under this section.
  40-25  The committee shall review commission rules relating to this
  40-26  section and recommend changes in the rules to the commission.  The
  40-27  commission shall submit all proposed rules, all proposed rule
   41-1  changes and all requests for proposed rules or rule changes that
   41-2  relate to the regulation and licensing of inspectors under this
   41-3  section to the committee for development or recommendation.  The
   41-4  commission may modify the rules developed by the committee if the
   41-5  commission finds such modifications are in the public interest.
   41-6  This section does not prohibit the commission from developing and
   41-7  adopting rules relating to the regulation and licensing of
   41-8  inspectors under this section if the committee fails to develop or
   41-9  recommend rules under this section within a reasonable period of
  41-10  time after the commission submits the proposed rules, rule changes
  41-11  or requests for proposed rules or rule changes to the committee.
  41-12  If the committee determines that a rule requested by the commission
  41-13  should not be developed or recommended for adoption by the
  41-14  commission, the committee shall submit a report on the matter to
  41-15  the commission.  The chairperson <chairman> of the commission and
  41-16  the chairperson <chairman> of the committee shall then appoint
  41-17  three members each from their respective bodies to meet as an ad
  41-18  hoc committee to consider the report and recommend possible action
  41-19  by the commission.  The chairperson <chairman> of the commission or
  41-20  a member of the commission designated by the chairperson <chairman>
  41-21  shall serve as the seventh member of the ad hoc committee.  At
  41-22  least one member of the ad hoc committee must be a public member of
  41-23  the commission.
  41-24        SECTION 28.  Section 23(l), The Real Estate License Act
  41-25  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  41-26  as follows:
  41-27        (l)  Prohibited acts.  A professional inspector, real estate
   42-1  inspector or an apprentice inspector licensed under this section
   42-2  may not:
   42-3              (1)  accept an assignment for real estate inspection if
   42-4  the employment or fee is contingent on the reporting of a specific,
   42-5  predetermined condition of the improvements to real property or is
   42-6  contingent on the reporting of specific findings other than those
   42-7  known by the inspector to be facts at the time of accepting the
   42-8  assignment;
   42-9              (2)  act in a manner or engage in a practice that is
  42-10  dishonest or fraudulent or that involves deceit or
  42-11  misrepresentation;
  42-12              (3)  perform a real estate inspection in a negligent or
  42-13  incompetent manner;
  42-14              (4)  act in the dual capacity of inspector and
  42-15  undisclosed principal in a transaction;
  42-16              (5)  act in the dual capacity of inspector and real
  42-17  estate broker or salesperson <salesman> in a transaction;
  42-18              (6)  perform or agree to perform any repairs or
  42-19  maintenance in connection with a real estate inspection pursuant to
  42-20  the provisions of any earnest money contract, lease agreement, or
  42-21  exchange of real estate; or
  42-22              (7)  violate the rules adopted by the commission or any
  42-23  provisions of this section.
  42-24        SECTION 29.  (a)  This Act takes effect September 1, 1995.
  42-25        (b)  The change made by this Act in the title of a person
  42-26  licensed to sell real estate does not affect the validity of a
  42-27  license issued or an act performed before the effective date of
   43-1  this Act.
   43-2        SECTION 30.  The importance of this legislation and the
   43-3  crowded condition of the calendars in both houses create an
   43-4  emergency and an imperative public necessity that the
   43-5  constitutional rule requiring bills to be read on three several
   43-6  days in each house be suspended, and this rule is hereby suspended.