By: Barrientos S.B. No. 1398 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation of certain residential rental locators; 1-2 providing penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. The Real Estate License Act (Article 6573a, 1-5 Vernon's Texas Civil Statutes) is amended by adding Section 24 to 1-6 read as follows: 1-7 Sec. 24. RESIDENTIAL RENTAL LOCATORS. (a) In this section, 1-8 "residential rental locator" means a person who offers, for 1-9 compensation, to locate residential real property for lease to a 1-10 prospective tenant. 1-11 (b) A person may not engage in business as a residential 1-12 rental locator in this state unless the person holds a license 1-13 issued under this Act to operate as a real estate broker or real 1-14 estate salesman. 1-15 (c) The commission by rule shall adopt regulations and 1-16 establish standards relating to permissible forms of advertising by 1-17 a person licensed under this section. 1-18 (d) Each residential rental locator shall post in a 1-19 conspicuous place accessible to clients and prospective clients the 1-20 locator's license, a statement that the locator is licensed by the 1-21 commission, and the name, mailing address, and telephone number of 1-22 the commission as provided by Section 5(q) of this Act. 1-23 (e) A violation of this section by a residential rental 1-24 locator constitutes grounds under this Act for the suspension or 2-1 revocation of the person's license and for the assessment of an 2-2 administrative penalty under Section 19A of this Act. 2-3 (f) A person commits an offense if the person engages in 2-4 business as a residential rental locator in this state without a 2-5 license issued under this Act. An offense under this subsection is 2-6 a Class B misdemeanor. 2-7 SECTION 2. (a) The change in law made by Subsection (f), 2-8 Section 24, The Real Estate License Act (Article 6573a, Vernon's 2-9 Texas Civil Statutes), as added by this Act, applies only to an 2-10 offense committed on or after the effective date of this Act. For 2-11 purposes of this section, an offense is committed before the 2-12 effective date of this Act if any element of the offense occurs 2-13 before that date. 2-14 (b) An offense committed before the effective date of this 2-15 Act is governed by the law in effect when the offense was 2-16 committed, and the former law is continued in effect for that 2-17 purpose. 2-18 SECTION 3. The Texas Real Estate Commission shall adopt 2-19 rules as required by Subsection (c), Section 24, The Real Estate 2-20 License Act (Article 6573a, Vernon's Texas Civil Statutes), as 2-21 added by this Act, not later than December 1, 1995. 2-22 SECTION 4. This Act takes effect September 1, 1995. 2-23 SECTION 5. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended.