By Danburg H.B. No. 2824
74R7856 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suits against certain real estate agents and brokers
1-3 under the Deceptive Trade Practices-Consumer Protection Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 17.49, Business & Commerce Code, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) This subchapter does not apply to an act or practice of
1-8 a real estate broker or agent if:
1-9 (1) the real estate broker or agent is covered by a
1-10 policy of errors and omissions insurance, or similar coverage, that
1-11 provides coverage for the liability of the broker or agent for
1-12 damages arising as a result of the act or practice; and
1-13 (2) the act or practice was not committed
1-14 intentionally or maliciously.
1-15 SECTION 2. This Act takes effect September 1, 1995, and
1-16 applies only to a cause of action that accrues on or after that
1-17 date. An action that accrued before the effective date of this Act
1-18 is governed by the law as it existed immediately before the
1-19 effective date of this Act, and that law is continued in effect for
1-20 that purpose.
1-21 SECTION 3. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.