By Wentworth                                          S.B. No. 1636
       74R8732 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the practice of selling real estate.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 1(b)-(e), The Real Estate License Act
    1-5  (Article 6573a, Vernon's Texas Civil Statutes), are amended to read
    1-6  as follows:
    1-7        (b)  It is unlawful for a person to act in the capacity of,
    1-8  engage in the business of, or advertise or hold that person
    1-9  <himself> out as engaging in or conducting the business of a real
   1-10  estate broker or a real estate salesperson <salesman> within this
   1-11  state without first obtaining a real estate license from the Texas
   1-12  Real Estate Commission.  It is unlawful for a person licensed as a
   1-13  real estate salesperson <salesman> to act or attempt to act as a
   1-14  real estate broker or salesperson <salesman> unless that person
   1-15  <he> is, at such time, associated with a licensed Texas real estate
   1-16  broker and acting for the licensed real estate broker.
   1-17        (c)  Each real estate broker licensed pursuant to this Act is
   1-18  responsible to the commission, members of the public, and the
   1-19  broker's <his> clients for all acts and conduct performed under
   1-20  this Act by the broker <himself> or by a real estate salesperson
   1-21  <salesman> associated with or acting for the broker.
   1-22        (d)  No real estate salesperson <salesman> shall accept
   1-23  compensation for real estate sales and transactions from any person
   1-24  other than the broker under whom the salesperson <he> is at the
    2-1  time licensed or under whom the salesperson <he> was licensed when
    2-2  the salesperson <he> earned the right to compensation.
    2-3        (e)  No real estate salesperson <salesman> shall pay a
    2-4  commission to any person except through the broker under whom the
    2-5  salesperson <he> is at the time licensed.
    2-6        SECTION 2.  Section 2(4), The Real Estate License Act
    2-7  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
    2-8  as follows:
    2-9              (4)  "Real estate salesperson <salesman>" means a
   2-10  person associated with a Texas licensed real estate broker for the
   2-11  purposes of performing acts or transactions comprehended by the
   2-12  definition of "real estate broker" as defined in this Act.
   2-13        SECTION 3.  Section 3, The Real Estate License Act (Article
   2-14  6573a, Vernon's Texas Civil Statutes), is amended to read as
   2-15  follows:
   2-16        Sec. 3.  The provisions of this Act shall not apply to any of
   2-17  the following persons and transactions, and each and all of the
   2-18  following persons and transactions are hereby exempted from the
   2-19  provisions of this Act:
   2-20              (1)  an attorney at law licensed in this state or in
   2-21  any other state;
   2-22              (2)  an attorney in fact under a duly executed power of
   2-23  attorney authorizing the consummation of a real estate transaction;
   2-24              (3)  a public official in the conduct of that person's
   2-25  <his> official duties;
   2-26              (4)  a person calling the sale of real estate by
   2-27  auction under the authority of a license issued by this state
    3-1  provided the person does not perform any other act of a real estate
    3-2  broker or salesperson <salesman> as defined by this Act;
    3-3              (5)  a person acting under a court order or under the
    3-4  authority of a will or a written trust instrument;
    3-5              (6)  a salesperson employed by an owner in the sale of
    3-6  structures and land on which said structures are situated, provided
    3-7  such structures are erected by the owner in the due course of the
    3-8  owner's <his> business;
    3-9              (7)  an on-site manager of an apartment complex;
   3-10              (8)  transactions involving the sale, lease, or
   3-11  transfer of any mineral or mining interest in real property;
   3-12              (9)  an owner or the owner's <his> employees in renting
   3-13  or leasing the owner's <his> own real estate whether improved or
   3-14  unimproved;
   3-15              (10)  transactions involving the sale, lease, or
   3-16  transfer of cemetery lots; <or>
   3-17              (11)  transactions involving the renting, leasing, or
   3-18  management of hotels or motels;  or
   3-19              (12)  a person performing an appraisal of real estate
   3-20  or providing real estate services, regardless of whether in a
   3-21  federally related transaction, who is registered, licensed, or
   3-22  certified by the Texas Appraiser Licensing and Certification Board.
   3-23        SECTION 4.  Section 4, The Real Estate License Act (Article
   3-24  6573a, Vernon's Texas Civil Statutes), is amended to read as
   3-25  follows:
   3-26        Sec. 4.  A person who, directly or indirectly for another,
   3-27  with the intention or on the promise of receiving any valuable
    4-1  consideration, offers, attempts, or agrees to perform, or performs,
    4-2  a single act defined in Subdivisions 2 and 3, Section 2 of this
    4-3  Act, whether as a part of a transaction, or as an entire
    4-4  transaction, is deemed to be acting as a real estate broker or
    4-5  salesperson <salesman> within the meaning of this Act.  The
    4-6  commission of a single such act by a person required to be licensed
    4-7  under this Act and not so licensed shall constitute a violation of
    4-8  this Act.
    4-9        SECTION 5.  Sections 5(a), (f), (g), (i), and (m), The Real
   4-10  Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
   4-11  are amended to read as follows:
   4-12        (a)  The administration of the provisions of this Act is
   4-13  vested in a commission, to be known as the "Texas Real Estate
   4-14  Commission," consisting of nine members to be appointed by the
   4-15  governor with the advice and consent of two-thirds of the senate
   4-16  present.  The commissioners hold office for staggered terms of six
   4-17  years with the terms of three members expiring January 31 of each
   4-18  odd-numbered year.  Each member holds office until the member's
   4-19  <his> successor is appointed and has qualified.  Within 15 days
   4-20  after <his> appointment, each member shall qualify by taking the
   4-21  constitutional oath of office and furnishing a bond payable to the
   4-22  Governor of Texas in the penal sum of $10,000, conditional on the
   4-23  faithful performance of the member's <his> duties as prescribed by
   4-24  law.  A vacancy for any cause shall be filled by the governor for
   4-25  the unexpired term. The governor shall designate as chairperson
   4-26  <chairman> of the commission one member of the commission who is a
   4-27  licensed real estate broker.  The chairperson <chairman> serves in
    5-1  that capacity at the pleasure of the governor.  At a regular
    5-2  meeting in February of each year, the commission shall elect from
    5-3  its own membership a vice chairperson <vice-chairman> and
    5-4  secretary.  A quorum of the commission consists of five members.
    5-5        (f)  If the administrator has knowledge that a potential
    5-6  ground for removal exists, the administrator shall notify the
    5-7  chairperson <chairman> of the commission of the ground.  The
    5-8  chairperson <chairman> shall then notify the governor that a
    5-9  potential ground for removal exists.
   5-10        (g)  Each member of the commission shall receive as
   5-11  compensation for each day actually spent on the member's <his>
   5-12  official duties the sum of $75 and the <his> actual and necessary
   5-13  expenses incurred in the performance of the member's <his> official
   5-14  duties.
   5-15        (i)  The commission is empowered to select and name an
   5-16  administrator and to select and employ such other subordinate
   5-17  officers and employees as are necessary to administer this Act.
   5-18  The salaries of the administrator and the officers and employees
   5-19  shall be fixed by the commission not to exceed such amounts as are
   5-20  fixed by the applicable general appropriations bill.  The
   5-21  commission may designate a subordinate officer as assistant
   5-22  administrator who shall be authorized to act for the administrator
   5-23  in the administrator's <his> absence.  The administrator or the
   5-24  administrator's designee shall develop a system of annual
   5-25  performance evaluations.  All merit pay for commission employees
   5-26  must be based on the system established under this subsection.  The
   5-27  administrator or the administrator's designee shall develop an
    6-1  intraagency career ladder program.  The program shall require
    6-2  intraagency postings of all nonentry level positions concurrently
    6-3  with any public posting.
    6-4        (m)  Fifteen dollars received by the commission for a renewal
    6-5  of a broker license before the expiration of the license or before
    6-6  the first anniversary of the date the license expired and $7.50
    6-7  received by the commission for a renewal of a salesperson
    6-8  <salesman> license before the expiration of the license or before
    6-9  the first anniversary of the date the license expired shall be
   6-10  transmitted annually to Texas A&M University for deposit in a
   6-11  separate banking account.  The money in the separate account shall
   6-12  be expended for the support and maintenance of the Texas Real
   6-13  Estate Research Center and for carrying out the purposes,
   6-14  objectives, and duties of the center.  However, all money expended
   6-15  from the separate account shall be as determined by legislative
   6-16  appropriation.
   6-17        SECTION 6.  Sections 6(a) and (b), The Real Estate License
   6-18  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
   6-19  read as follows:
   6-20        (a)  A person desiring to act as a real estate broker in this
   6-21  state shall file an application for a license with the commission
   6-22  on a form prescribed by the commission.  A broker desiring to
   6-23  engage a person to participate in real estate brokerage activity
   6-24  shall join the person in filing an application for a salesperson
   6-25  <salesman> license on a form prescribed by the commission.  A
   6-26  person previously licensed as a broker may apply for inactive
   6-27  status.  A person previously licensed as a salesperson <salesman>
    7-1  may apply for inactive status without the participation of a
    7-2  broker.  The person must apply for inactive status on a form
    7-3  prescribed by the commission not later than the fifth <first>
    7-4  anniversary of the date of the expiration of the broker or
    7-5  salesperson <salesman> license.
    7-6        (b)  To be eligible for a license, an individual must be a
    7-7  citizen of the United States or a lawfully admitted alien, be at
    7-8  least 18 years of age, and be a legal resident of Texas at the time
    7-9  of the filing of an application, and must satisfy the commission as
   7-10  to the individual's <his> honesty, trustworthiness, integrity, and
   7-11  competency.  However, the competency of the individual, for the
   7-12  purpose of qualifying for the granting of a license, shall be
   7-13  judged solely on the basis of the examination referred to in
   7-14  Section 7 of this Act.
   7-15        SECTION 7.  Section 6A(a), The Real Estate License Act
   7-16  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   7-17  as follows:
   7-18        (a)  If, at any time before a person applies for a license
   7-19  under this Act, the person requests the commission to determine
   7-20  whether the person's <his> moral character complies with the
   7-21  commission's moral character requirements for licensing under this
   7-22  Act and the person pays a fee set by the commission for the moral
   7-23  character determination, the commission shall make its
   7-24  determination of the person's moral character.
   7-25        SECTION 8.  Sections 7(a), (c)-(h), and (k), The Real Estate
   7-26  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
   7-27  amended to read as follows:
    8-1        (a)  Competency as referred to in Section 6 of this Act shall
    8-2  be established by an examination prepared by or contracted for by
    8-3  the commission.  The examination shall be given at such times and
    8-4  at such places within the state as the commission shall prescribe.
    8-5  The examination shall be of scope sufficient in the judgment of the
    8-6  commission to determine that a person is competent to act as a real
    8-7  estate broker or salesperson <salesman> in a manner to protect the
    8-8  interest of the public.  The examination for a salesperson
    8-9  <salesman> license shall be less exacting and less stringent than
   8-10  the examination for a broker license.  The commission shall furnish
   8-11  each applicant with study material and references on which the
   8-12  <his> examination shall be based.  When an applicant for a real
   8-13  estate license fails a qualifying examination, the applicant <he>
   8-14  may apply for reexamination by filing a request therefor together
   8-15  with the proper fee.  The examination requirement must be satisfied
   8-16  not later than six months after the date on which the application
   8-17  for a license is filed.  Courses of study required for a license
   8-18  may include but are not limited to the following, which shall be
   8-19  considered core real estate courses for all purposes of this Act:
   8-20              (1)  Principles of Real Estate (or equivalent) shall
   8-21  include but not be limited to an overview of licensing as a real
   8-22  estate broker and salesperson <salesman>, ethics of practice,
   8-23  titles to and conveyancing of real estate, legal descriptions, law
   8-24  of agency, deeds, encumbrances and liens, distinctions between
   8-25  personal and real property, contracts, appraisal, finance and
   8-26  regulations, closing procedures, real estate mathematics, and at
   8-27  least three classroom hours of instruction on federal, state, and
    9-1  local laws relating to housing discrimination, housing credit
    9-2  discrimination, and community reinvestment.
    9-3              (2)  Real Estate Appraisal (or equivalent) shall
    9-4  include but not be limited to the central purposes and functions of
    9-5  an appraisal, social and economic determinant of value, appraisal
    9-6  case studies, cost, market data and income approaches to value
    9-7  estimates, final correlations, and reporting.
    9-8              (3)  Real Estate Law (or equivalent) shall include but
    9-9  not be limited to legal concepts of real estate, land description,
   9-10  real property rights and estates in land, contracts, conveyances,
   9-11  encumbrances, foreclosures, recording procedures, and evidence of
   9-12  titles.
   9-13              (4)  Real Estate Finance (or equivalent) shall include
   9-14  but not be limited to monetary systems, primary and secondary money
   9-15  markets, sources of mortgage loans, federal government programs,
   9-16  loan applications, processes and procedures, closing costs,
   9-17  alternative financial instruments, equal credit opportunity acts,
   9-18  community reinvestment act, and state housing agency.
   9-19              (5)  Real Estate Marketing (or equivalent) shall
   9-20  include but not be limited to real estate professionalism and
   9-21  ethics, characteristics of successful salespersons <salesmen>, time
   9-22  management, psychology of marketing, listing procedures,
   9-23  advertising, negotiating and closing, financing, and the Deceptive
   9-24  Trade Practices-Consumer Protection Act, as amended, Section 17.01
   9-25  et seq., Business & Commerce Code.
   9-26              (6)  Real Estate Mathematics (or equivalent) shall
   9-27  include but not be limited to basic arithmetic skills and review of
   10-1  mathematical logic, percentages, interest, time-valued money,
   10-2  depreciation, amortization, proration, and estimation of closing
   10-3  statements.
   10-4              (7)  Real Estate Brokerage (or equivalent) shall
   10-5  include but not be limited to law of agency, planning and
   10-6  organization, operational policies and procedures, recruiting,
   10-7  selection and training of personnel, records and control, and real
   10-8  estate firm analysis and expansion criteria.
   10-9              (8)  Property Management (or equivalent) shall include
  10-10  but not be limited to role of property manager, landlord policies,
  10-11  operational guidelines, leases, lease negotiations, tenant
  10-12  relations, maintenance, reports, habitability laws, and the Fair
  10-13  Housing Act.
  10-14              (9)  Real Estate Investments (or equivalent) shall
  10-15  include but not be limited to real estate investment
  10-16  characteristics, techniques of investment analysis, time-valued
  10-17  money, discounted and nondiscounted investment criteria, leverage,
  10-18  tax shelters depreciation, and applications to property tax.
  10-19              (10)  Law of Agency (or equivalent) shall include but
  10-20  not be limited to the principal-agent and master-servant
  10-21  relationships, the authority of an agent, the termination of an
  10-22  agent's authority, the fiduciary and other duties of an agent,
  10-23  employment law, deceptive trade practices, listing or buying
  10-24  representation procedures, and the disclosure of agency.
  10-25        (c)  The commission shall waive the examination of an
  10-26  applicant for a broker license who has, within two years <one year>
  10-27  previous to the filing of the <his> application, been licensed in
   11-1  this state as a broker, and shall waive the examination of an
   11-2  applicant for a salesperson <salesman> license who has, within two
   11-3  years <one year> previous to the filing of the <his> application,
   11-4  been licensed in this state as either a broker or salesperson
   11-5  <salesman>.  If an application is filed after the second
   11-6  anniversary of the expiration date of the applicant's previous
   11-7  license, the applicant must satisfy the examination requirement and
   11-8  any continuing education required under Section 7A(b) of this Act.
   11-9  If an application is filed after the fifth anniversary of the
  11-10  expiration date of the applicant's previous license, the applicant
  11-11  must satisfy the experience, examination, and education
  11-12  requirements for an original license under this Act.
  11-13        (d)  Each applicant for a broker license shall furnish the
  11-14  commission satisfactory evidence that the applicant <he> has had
  11-15  not less than two years active experience in this state as a
  11-16  licensed real estate salesperson <salesman> or broker during the
  11-17  seven-year <36-month> period immediately preceding the filing of
  11-18  the application; and, in addition, shall furnish the commission
  11-19  satisfactory evidence of having completed successfully 60 semester
  11-20  hours, or equivalent classroom hours, of core real estate courses
  11-21  or related postsecondary education courses accepted by the
  11-22  commission.  These qualifications for a broker license may not be
  11-23  required of an applicant who, at the time of making the
  11-24  application, is duly licensed as a real estate broker by any other
  11-25  state in the United States if that state's requirements for
  11-26  licensure are comparable to those of Texas.  As a prerequisite for
  11-27  applying for a broker license, those persons licensed as
   12-1  salespersons <salesmen> subject to the annual education
   12-2  requirements provided by Subsection (e) of this section shall, as
   12-3  part of the hours required by this subsection, furnish the
   12-4  commission satisfactory evidence of having completed all the
   12-5  requirements of Subsection (e) of this section.
   12-6        (e)  Each applicant for a salesperson <salesman> license
   12-7  shall furnish the commission satisfactory evidence of having
   12-8  completed 12 semester hours, or equivalent classroom hours, of
   12-9  postsecondary education, six hours of which must be completed in
  12-10  core real estate courses, of which a minimum of two hours must be
  12-11  completed in Principles of Real Estate as described in Subsection
  12-12  (a)(1) of this section and a minimum of two hours must be completed
  12-13  in Law of Agency as described in Subsection (a)(10) of this
  12-14  section.  The remaining six hours shall be completed in core real
  12-15  estate courses or related courses.  As a condition for the first
  12-16  renewal of a salesperson <salesman> license, the applicant shall
  12-17  furnish the commission satisfactory evidence of having completed a
  12-18  minimum of 14 semester hours, or equivalent classroom hours, eight
  12-19  hours of which must be completed in core real estate courses.  As a
  12-20  condition for the second renewal of a salesperson <salesman>
  12-21  license, the applicant shall furnish the commission satisfactory
  12-22  evidence of having completed a minimum of 16 semester hours, or
  12-23  equivalent classroom hours, 10 hours of which must be completed in
  12-24  core real estate courses.  As a condition for the third renewal of
  12-25  a salesperson <salesman> license, the applicant shall furnish the
  12-26  commission satisfactory evidence of having completed a minimum of
  12-27  18 semester hours, or equivalent classroom hours, 12 hours of which
   13-1  must be completed in core real estate courses.
   13-2        (f)  Insofar as is necessary for the administration of this
   13-3  Act, the commission is authorized to inspect and accredit
   13-4  educational programs or courses of study in real estate and real
   13-5  estate inspection and to establish standards of accreditation for
   13-6  such programs conducted in the State of Texas, other than
   13-7  accredited colleges and universities.  The commission shall
   13-8  determine the acceptability of real estate courses and real estate
   13-9  inspection courses offered to satisfy the requirements of this Act,
  13-10  and by rule may provide reasonable criteria for the approval of
  13-11  those courses.  Schools, other than accredited colleges and
  13-12  universities, which are authorized to offer real estate educational
  13-13  courses pursuant to provisions of this section, shall be required
  13-14  to maintain a corporate surety bond, or other security acceptable
  13-15  to the commission, in the sum of $10,000, payable to the
  13-16  commission, for the benefit of a party who may suffer damages
  13-17  resulting from failure of a commission approved school or course to
  13-18  fulfill obligations attendant to the approval.  The commission by
  13-19  rule may provide for the reapplication by and reaccreditation of a
  13-20  school accredited by the commission before September 1, 1995, and
  13-21  may collect a reasonable filing fee to implement this section.  A
  13-22  fee collected under this subsection may not exceed $400 for an
  13-23  application for the reaccreditation of a school and $100 for an
  13-24  application for the approval of a course of study.
  13-25        (g)  Notwithstanding any other provision of this Act, each
  13-26  applicant for a broker license shall furnish the commission with
  13-27  satisfactory evidence:
   14-1              (1)  that the applicant <he> has satisfied the
   14-2  requirements of Subsection (d) of this section;
   14-3              (2)  that the applicant <he> is a licensed real estate
   14-4  broker in another state, <that he> has had not less than two years'
   14-5  active experience in the other state as a licensed real estate
   14-6  salesperson <salesman> or broker during the seven-year <36-month>
   14-7  period immediately preceding the filing of the application, and
   14-8  <that he> has satisfied the educational requirements for a broker
   14-9  license as provided by Subsection (d) of this section; or
  14-10              (3)  that the applicant <he> has, within five years
  14-11  <one year> previous to the filing of the <his> application, been
  14-12  licensed in this state as a broker.
  14-13        (h)  Notwithstanding any other provision of this Act, the
  14-14  commission shall waive the requirements of Subsection (e) of this
  14-15  section for an applicant for a salesperson <salesman> license who
  14-16  has, within five years <one year> previous to the filing of the
  14-17  <his> application, been licensed in this state as a broker or
  14-18  salesperson <salesman>.  However, with respect to an applicant for
  14-19  a salesperson <salesman> license who was licensed as a salesperson
  14-20  <salesman> within five years <one year> previous to the filing of
  14-21  the application but whose original license was issued under the
  14-22  provisions that the first, second, and third renewal of the license
  14-23  would be conditioned upon furnishing satisfactory evidence of
  14-24  successful completion of additional education, the commission shall
  14-25  require the applicant to furnish satisfactory evidence of
  14-26  successful completion of any additional education that would have
  14-27  been required if the license had been maintained without
   15-1  interruption <during the previous year>.
   15-2        (k)  The commission may accept examinations administered by a
   15-3  testing service as satisfying the examination requirements imposed
   15-4  under this Act.  The commission may negotiate agreements with those
   15-5  testing services relating to examination development, preparation
   15-6  of study materials, collection of filing fees, acceptance and
   15-7  processing of license applications, test scheduling, examination
   15-8  site arrangements, and test administration, grading, reporting, and
   15-9  analysis.  The commission may require a testing service to
  15-10  correspond directly with the license applicants regarding the
  15-11  administration of the examinations and may require that a testing
  15-12  service collect fees for providing an applicant with study
  15-13  materials, filing an application for a license, processing license
  15-14  applications, or administering the examinations directly from the
  15-15  applicants.  The commission also may require a testing service to
  15-16  administer examinations at specific locations and specified
  15-17  frequencies.  The commission shall retain the authority to
  15-18  establish the scope and type of all examinations.  The commission
  15-19  shall adopt rules and standards as necessary to implement this
  15-20  section.  In the absence of an agreement with a testing service,
  15-21  the commission shall administer any required qualifying examination
  15-22  in accordance with this Act.
  15-23        SECTION 9.  Sections 7A(a)-(d), The Real Estate License Act
  15-24  (Article 6573a, Vernon's Texas Civil Statutes), are amended to read
  15-25  as follows:
  15-26        (a)  To renew an active real estate broker license or an
  15-27  active real estate salesperson <salesman> license that is not
   16-1  subject to the annual education requirements of this Act, the
   16-2  licensee must provide the commission proof of attendance at at
   16-3  least 15 classroom hours of continuing education courses approved
   16-4  by the commission during the term of the current license.  The
   16-5  commission by rule may provide for the substitution of relevant
   16-6  educational experience or correspondence courses approved by the
   16-7  commission instead of classroom attendance.  In addition,
   16-8  supervised video instruction may be approved by the commission as a
   16-9  course counting as classroom hours of mandatory continuing
  16-10  education.  At least six hours of instruction must be devoted to
  16-11  the rules of the commission, fair housing laws, agency laws,
  16-12  antitrust laws, the Deceptive Trade Practices-Consumer Protection
  16-13  Act (Subchapter E, Chapter 17, Business & Commerce Code),
  16-14  disclosures to buyers and sellers, current contract and addendum
  16-15  forms, the unauthorized practice of law, case studies involving
  16-16  violations of laws and regulations, current Federal Housing
  16-17  Administration and Veterans Administration regulations, tax laws,
  16-18  and other legal topics approved by the commission.  The remaining
  16-19  hours may be devoted to other real estate-related topics approved
  16-20  by the commission.  The commission may consider equivalent courses
  16-21  for continuing education credit.  The commission, on the request of
  16-22  a provider of education, shall review a core real estate course
  16-23  authorized under Section 7 of this Act and may approve it as a
  16-24  mandatory continuing education course.  Real estate related courses
  16-25  approved by the State Bar of Texas for minimum continuing legal
  16-26  education participatory credit and core real estate courses under
  16-27  Section 7(a) of this Act shall automatically be approved as
   17-1  mandatory continuing education courses under this Act.  The
   17-2  commission may not require examinations except for correspondence
   17-3  courses.  Daily course segments must be at least three hours long
   17-4  but not more than 10 hours long.  <If the license being renewed
   17-5  under this section was issued for less than two years, the licensee
   17-6  must provide the commission proof of attendance at at least eight
   17-7  classroom hours of continuing education within the term of the
   17-8  current license, three classroom hours of which must have been
   17-9  devoted to the legal topics specified in this section.>
  17-10        (b)  An applicant for an active real estate broker license or
  17-11  an active real estate salesperson <salesman> license who is not
  17-12  subject to the education requirements of Section 7 of this Act must
  17-13  provide the commission with proof of attendance of the number of
  17-14  classroom hours of continuing education that would have been
  17-15  required for a timely renewal as specified in Subsection (a) of
  17-16  this section during the two-year period preceding the filing of the
  17-17  application.
  17-18        (c)  As a condition of returning to active status, an
  17-19  inactive salesperson <salesman> whose license is not subject to the
  17-20  annual education requirements of this Act must provide the
  17-21  commission with proof of attendance at at least 15 hours of
  17-22  continuing education as specified in Subsection (a) of this section
  17-23  during the two-year period preceding the filing of the application.
  17-24        (d)  The commission may adopt rules and set and collect
  17-25  reasonable fees to implement this section, including a fee not to
  17-26  exceed $400 for an application for approval of a provider of
  17-27  continuing education and a fee not to exceed $100 for an
   18-1  application for a course of study to be offered for continuing
   18-2  education.  If the commission determines that an applicant
   18-3  satisfies the requirements of this section and any rules adopted by
   18-4  the commission under this section, the commission may authorize a
   18-5  provider to offer continuing education for a period of four <two>
   18-6  years or authorize the offering of a course of study for a period
   18-7  of two years.
   18-8        SECTION 10.  Section 8, The Real Estate License Act (Article
   18-9  6573a, Vernon's Texas Civil Statutes), is amended by amending
  18-10  Subsections (a)-(f), (h)-(j), (l), (n), and (q) and adding
  18-11  Subsection (r) to read as follows:
  18-12        (a)  The commission shall establish a real estate recovery
  18-13  fund which shall be set apart and maintained by the commission as
  18-14  provided in this section.  The fund shall be used in the manner
  18-15  provided in this section for reimbursing aggrieved persons who
  18-16  suffer actual damages by reason of certain acts committed by a duly
  18-17  licensed real estate broker or salesperson <salesman>, or by an
  18-18  unlicensed employee or agent of a broker or salesperson <salesman>,
  18-19  provided the broker or salesperson <salesman> was licensed by the
  18-20  State of Texas at the time the act was committed and provided
  18-21  recovery is ordered by a court of competent jurisdiction against
  18-22  the broker or salesperson <salesman>.  The use of the fund is
  18-23  limited to an act that constitutes a violation of Section 15(a)(3)
  18-24  or (6) of this Act.
  18-25        (b)  On application for an original license pursuant to this
  18-26  Act, the applicant shall pay, in addition to the <his> original
  18-27  license application fee, a fee of $10 which shall be deposited in
   19-1  the real estate recovery fund.
   19-2        (c)  If on December 31 of any year the balance remaining in
   19-3  the real estate recovery fund is less than $1 million, each real
   19-4  estate broker and each real estate salesperson <salesman>, on the
   19-5  next renewal of the <his> license, shall pay, in addition to the
   19-6  <his> license renewal fee, a fee of $10, which shall be deposited
   19-7  in the real estate recovery fund, or a pro rata share of the amount
   19-8  necessary to bring the fund to $1.7 million, whichever is less.  If
   19-9  on December 31 of any year the balance remaining in the real estate
  19-10  recovery fund is more than $3.5 million or more than the total
  19-11  amount of claims paid from the fund during the previous four fiscal
  19-12  years, whichever is greater, the amount of money in excess of the
  19-13  greater amount shall be transferred to the general revenue fund.
  19-14        (d)  No action for a judgment which subsequently results in
  19-15  an order for collection from the real estate recovery fund shall be
  19-16  started later than two years from the accrual of the cause of
  19-17  action.  When an aggrieved person commences action for a judgment
  19-18  which may result in collection from the real estate recovery fund,
  19-19  the real estate broker or real estate salesperson <salesman> shall
  19-20  notify the commission in writing to this effect at the time of the
  19-21  commencement of the action.
  19-22        (e)  When an aggrieved person recovers a valid judgment in a
  19-23  court of competent jurisdiction against a real estate broker or
  19-24  real estate salesperson <salesman>, on the grounds described in
  19-25  Subsection (a) of this section that occurred on or after May 19,
  19-26  1975, the aggrieved person may, after final judgment has been
  19-27  entered, execution returned nulla bona, and a judgment lien
   20-1  perfected, file a verified claim in the court in which the judgment
   20-2  was entered and, on 20 days' written notice to the commission, and
   20-3  to the judgment debtor, may apply to the court for an order
   20-4  directing payment out of the real estate recovery fund of the
   20-5  amount unpaid on the judgment, subject to the limitations stated in
   20-6  Subsection (n) of this section.
   20-7        (f)  The court shall proceed on the application forthwith.
   20-8  On the hearing on the application, the aggrieved person is required
   20-9  to show that:
  20-10              (1)  the judgment is based on facts allowing recovery
  20-11  under Subsection (a) of this section;
  20-12              (2)  the person <he> is not a spouse of the debtor, or
  20-13  the personal representative of the spouse; and the person <he> is
  20-14  not a real estate broker or salesperson <salesman>, as defined by
  20-15  this Act, who is seeking to recover a real estate commission in the
  20-16  transaction or transactions for which the application for payment
  20-17  is made;
  20-18              (3)  the person <he> has obtained a judgment under
  20-19  Subsection (e) of this section that is not subject to a stay or
  20-20  discharge in bankruptcy and has been judicially determined to be
  20-21  nondischargeable in a pending bankruptcy, stating the amount of the
  20-22  judgment and the amount owing on the judgment at the date of the
  20-23  application;
  20-24              (4)  based on the best available information, the
  20-25  judgment debtor lacks sufficient attachable assets in this state or
  20-26  any other state to satisfy the judgment; and
  20-27              (5)  the amount that may be realized from the sale of
   21-1  real or personal property or other assets liable to be sold or
   21-2  applied in satisfaction of the judgment and the balance remaining
   21-3  due on the judgment after application of the amount that may be
   21-4  realized.
   21-5        (h)  The court shall make an order directed to the commission
   21-6  requiring payment from the real estate recovery fund of whatever
   21-7  sum it finds to be payable on the claim, pursuant to and in
   21-8  accordance with the limitations contained in this section, if the
   21-9  court is satisfied, on the hearing, of the truth of all matters
  21-10  required to be shown by the aggrieved person by Subsection (f) of
  21-11  this section and that the aggrieved person has satisfied all of the
  21-12  requirements of Subsections (e) and (f) of this section.  The
  21-13  commission may relitigate any issue material and relevant in the
  21-14  hearing on the application that was determined in the underlying
  21-15  action on which the judgment in favor of the applicant was based.
  21-16  If the court finds that the aggregate amount of claims against a
  21-17  real estate broker or salesperson <salesman> exceeds the
  21-18  limitations contained in this section, the court shall reduce
  21-19  proportionately the amount it finds payable on the claim.
  21-20        (i)  A license granted under the provisions of this Act may
  21-21  be revoked by the commission on proof that the commission has made
  21-22  a payment from the real estate recovery fund of any amount toward
  21-23  satisfaction of a judgment against a licensed real estate broker or
  21-24  salesperson <salesman>.  The commission may probate an order
  21-25  revoking a license.  No broker or salesperson <salesman> is
  21-26  eligible to receive a new license until the broker or salesperson
  21-27  <he> has repaid in full, plus interest at the current legal rate,
   22-1  the amount paid from the real estate recovery fund on the broker's
   22-2  or salesperson's <his> account.
   22-3        (j)  The sums received by the real estate commission for
   22-4  deposit in the real estate recovery fund shall be held by the
   22-5  commission in trust for carrying out the purposes of the real
   22-6  estate recovery fund.  Subject to legislative appropriation, money
   22-7  in the fund may be used by the commission to pay the expenses
   22-8  involved in collecting judgments assigned to the commission.  These
   22-9  funds may be invested and reinvested in the same manner as funds of
  22-10  the Texas State Employees Retirement System, and the interest from
  22-11  these investments shall be deposited to the credit of the real
  22-12  estate recovery fund, provided, however, that no investments shall
  22-13  be made which will impair the necessary liquidity required to
  22-14  satisfy judgment payments awarded pursuant to this section.
  22-15        (l)  When, on the order of the court, the commission has paid
  22-16  from the real estate recovery fund any sum to the judgment
  22-17  creditor, the commission shall be subrogated to all of the rights
  22-18  of the judgment creditor to the extent of the amount paid.  The
  22-19  judgment creditor shall assign all of the creditor's <his> right,
  22-20  title, and interest in the judgment up to the amount paid by the
  22-21  commission which amount shall have priority for repayment in the
  22-22  event of any subsequent recovery on the judgment.  Any amount and
  22-23  interest recovered by the commission on the judgment shall be
  22-24  deposited to the fund.
  22-25        (n)  Notwithstanding any other provision, payments from the
  22-26  real estate recovery fund are subject to the following conditions
  22-27  and limitations:
   23-1              (1)  payments may be made only pursuant to an order of
   23-2  a court of competent jurisdiction, as provided in Subsection (e) of
   23-3  this section, and in the manner prescribed by this section;
   23-4              (2)  payments for claims, including attorneys' fees,
   23-5  interest, and court costs, arising out of the same transaction
   23-6  shall be limited in the aggregate to $50,000 regardless of the
   23-7  number of claimants; and
   23-8              (3)  payments for claims based on judgments against any
   23-9  one licensed real estate broker or salesperson <salesman> may not
  23-10  exceed in the aggregate $100,000 until the fund has been reimbursed
  23-11  by the licensee for all amounts paid.
  23-12        (q)  A broker or salesperson <salesman> licensed under this
  23-13  Act shall notify consumers and service recipients of the
  23-14  availability of the real estate recovery fund established under
  23-15  this section for reimbursing certain aggrieved persons.  The notice
  23-16  must include the name, mailing address, and telephone number of the
  23-17  commission and any other information required by commission rule.
  23-18  The notification may be provided with the notice required by
  23-19  Section 5(q) of this Act or:
  23-20              (1)  on a written contract for the services of a broker
  23-21  or salesperson <salesman>;
  23-22              (2)  on a brochure distributed by a broker or
  23-23  salesperson <salesman>;
  23-24              (3)  on a sign prominently displayed in the place of
  23-25  business of a salesperson <salesman> or broker; or
  23-26              (4)  in a bill or receipt for service provided by a
  23-27  broker or salesperson <salesman>.
   24-1        (r)  If the commission is notified before making a payment
   24-2  from the real estate recovery fund that a judgment debtor has
   24-3  initiated a bankruptcy proceeding involving a judgment that the
   24-4  commission has been ordered to pay, the commission may move for an
   24-5  order to withdraw the order directing the commission to make the
   24-6  payment, pending a judicial determination in the bankruptcy
   24-7  proceeding that the judgment is not dischargeable.  A court shall
   24-8  grant the commission's motion on presentation by the commission of
   24-9  proof that the bankruptcy proceeding involving the judgment debtor
  24-10  was initiated by the judgment debtor.
  24-11        SECTION 11.  Sections 9(a), (b), and (e), The Real Estate
  24-12  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
  24-13  amended to read as follows:
  24-14        (a)  When an applicant has satisfactorily met all
  24-15  requirements and conditions of this Act, a license shall be issued
  24-16  which may remain in force and effect so long as the holder of the
  24-17  license remains in compliance with the obligations of this Act,
  24-18  which include payment of the renewal fee as provided in Section 11
  24-19  of this Act.  Each active salesperson <salesman> license issued
  24-20  shall be delivered or mailed to the broker with whom the
  24-21  salesperson <salesman> is associated and shall be kept under the
  24-22  broker's <his> custody and control.
  24-23        (b)  An applicant is not permitted to engage in the real
  24-24  estate business either as a broker or salesperson <salesman> until
  24-25  a license evidencing the applicant's <his> authority to engage in
  24-26  the real estate business has been received.
  24-27        (e)  The commission shall require in any application for a
   25-1  broker or salesperson <salesman> license or a renewal of a broker
   25-2  or salesperson <salesman> license the applicant to disclose whether
   25-3  the applicant has entered a plea of guilty or nolo contendere to,
   25-4  been found guilty of, or been convicted of a felony and the time
   25-5  for appeal has elapsed or the judgment or conviction has been
   25-6  affirmed on appeal, irrespective of an order granting probation
   25-7  following the conviction or suspending the imposition of sentence.
   25-8        SECTION 12.  Section 10(a), The Real Estate License Act
   25-9  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  25-10  as follows:
  25-11        (a)  If the commission declines or fails to license an
  25-12  applicant, it shall immediately give written notice of the refusal
  25-13  to the applicant.  Before the applicant may appeal to a district
  25-14  court as provided in Section 18 of this Act, the applicant <he>
  25-15  must file within 10 days after the receipt of the notice an appeal
  25-16  from the ruling, requesting a time and place for a hearing before
  25-17  the commission.  The commission shall set a time and place for the
  25-18  hearing within 30 days from the receipt of the appeal, giving 10
  25-19  days' notice of the hearing to the applicant.  The time of the
  25-20  hearing may be continued from time to time with the consent of the
  25-21  applicant.  Following the hearing, the commission shall enter an
  25-22  order which is, in its opinion, appropriate in the matter
  25-23  concerned.
  25-24        SECTION 13.  Section 11, The Real Estate License Act (Article
  25-25  6573a, Vernon's Texas Civil Statutes), is amended to read as
  25-26  follows:
  25-27        Sec. 11.  <(a)>  The commission shall charge and collect the
   26-1  following fees:
   26-2              (1)  a fee not to exceed $100 for the filing of an
   26-3  original application for a real estate broker license;
   26-4              (2)  a fee not to exceed $100 for annual renewal of a
   26-5  real estate broker license;
   26-6              (3)  a fee not to exceed $50 for the filing of an
   26-7  original application for a real estate salesperson <salesman>
   26-8  license;
   26-9              (4)  a fee not to exceed $50 for annual renewal of a
  26-10  real estate salesperson <salesman> license;
  26-11              (5)  a fee not to exceed $25 for an application for a
  26-12  license examination;
  26-13              (6)  a fee not to exceed $20 for filing a request for a
  26-14  license for each additional office or place of business;
  26-15              (7)  a fee not to exceed $20 for filing a request for a
  26-16  license for a change of place of business, change of name, return
  26-17  to active status, or change of sponsoring broker;
  26-18              (8)  a fee not to exceed $20 for filing a request to
  26-19  replace a license lost or destroyed;
  26-20              (9)  a fee not to exceed $400 for filing an application
  26-21  for approval of an education program under Section 7(f) of this
  26-22  Act;
  26-23              (10)  a fee not to exceed $200 a year for operation of
  26-24  an education program under Section 7(f) of this Act;
  26-25              (11)  a fee of $15 for transcript evaluation;
  26-26              (12)  a fee not to exceed $10 for preparing a license
  26-27  history; and
   27-1              (13)  a fee not to exceed $50 for the filing of an
   27-2  application for a moral character determination.
   27-3        SECTION 14.  Sections 12(a), (b), and (d), The Real Estate
   27-4  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
   27-5  amended to read as follows:
   27-6        (a)  Each resident broker shall maintain a fixed office
   27-7  within this state.   The address of the office shall be designated
   27-8  on the broker's license.  Within 10 days after a move from a
   27-9  previously designated address, the broker shall submit an
  27-10  application for a new license, designating the new location of the
  27-11  broker's <his> office, together with the required fee, whereupon
  27-12  the commission shall issue a license, reflecting the new location,
  27-13  provided the new location complies with the terms of this section.
  27-14        (b)  If a broker maintains more than one place of business
  27-15  within this state, the broker <he> shall apply for, pay the
  27-16  required fee for, and obtain an additional license to be known as a
  27-17  branch office license for each additional office the broker <he>
  27-18  maintains.
  27-19        (d)  Each broker shall also prominently display in the
  27-20  broker's <his> place or in one of the broker's <his> places of
  27-21  business the license of each real estate salesperson <salesman>
  27-22  associated with the broker <him>.
  27-23        SECTION 15.  Section 13, The Real Estate License Act (Article
  27-24  6573a, Vernon's Texas Civil Statutes), is amended to read as
  27-25  follows:
  27-26        Sec. 13.  (a)  When the association of a salesperson
  27-27  <salesman> with the salesperson's <his> sponsoring broker is
   28-1  terminated, the broker shall immediately return the salesperson
   28-2  <salesman> license to the commission.  The salesperson <salesman>
   28-3  license then becomes inactive.
   28-4        (b)  The salesperson <salesman> license may be activated if,
   28-5  before the license expires, a request, accompanied by the required
   28-6  fee, is filed with the commission by a licensed broker advising
   28-7  that the broker <he> assumes sponsorship of the salesperson
   28-8  <salesman>.
   28-9        SECTION 16.  Section 13A(a), The Real Estate License Act
  28-10  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  28-11  as follows:
  28-12        (a)  A real estate broker who holds a license issued under
  28-13  this Act and who is not acting as a broker or sponsoring a
  28-14  salesperson <salesman> may apply to the commission in writing to be
  28-15  placed on the inactive status list maintained by the commission.
  28-16  The broker must apply for inactive status before the expiration of
  28-17  the broker's license.  The broker shall terminate the broker's
  28-18  association with any salesperson <salesmen> sponsored by the broker
  28-19  by giving written notice to the salesperson <salesmen> before the
  28-20  30th day before the date the broker applies for inactive status.  A
  28-21  person on inactive status under this section is required to pay the
  28-22  annual renewal fees.
  28-23        SECTION 17.  Section 14, The Real Estate License Act (Article
  28-24  6573a, Vernon's Texas Civil Statutes), is amended to read as
  28-25  follows:
  28-26        Sec. 14.  (a)  It is unlawful for a licensed broker to employ
  28-27  or compensate directly or indirectly a person for performing an act
   29-1  enumerated in the definition of real estate broker in Section 2 of
   29-2  this Act if the person is not a licensed broker or licensed
   29-3  salesperson <salesman> in this state.  However, a licensed broker
   29-4  may pay a commission to a licensed broker of another state if the
   29-5  foreign broker does not conduct in this state any of the
   29-6  negotiations for which the fee, compensation, or commission is
   29-7  paid.
   29-8        (b)  A resident broker of another state who furnishes the
   29-9  evidence required under Section 7(g) of this Act may apply for a
  29-10  license as a broker in this state.  A resident of another state who
  29-11  is not licensed as a broker but who was formerly licensed as a
  29-12  salesperson <salesman> or broker in this state may apply for a
  29-13  license in this state not later than the fifth <first> anniversary
  29-14  of the date of the expiration of the previous license.  An
  29-15  application by a nonresident is subject to the requirements under
  29-16  this Act for the type of license applied for.  A nonresident
  29-17  licensee need not maintain a place of business in this state.  The
  29-18  commission may in its discretion refuse to issue a license to an
  29-19  applicant who is not a resident of this state for the same reasons
  29-20  that it may refuse to license a resident of this state.  The
  29-21  commission shall judge the competency of a nonresident applicant
  29-22  solely on the basis of the examination conducted under Section 7 of
  29-23  this Act.
  29-24        (c)  Each nonresident applicant shall file an irrevocable
  29-25  consent that legal actions may be commenced against the applicant
  29-26  <him> in the proper court of any county of this state in which a
  29-27  cause of action may arise, or in which the plaintiff may reside, by
   30-1  service of process or pleading authorized by the laws of this
   30-2  state, or by serving the administrator or assistant administrator
   30-3  of the commission.  The consent shall stipulate that the service of
   30-4  process or pleading shall be valid and binding in all courts as if
   30-5  personal service had been made on the nonresident in this state.
   30-6  The consent shall be duly acknowledged, and if made by a
   30-7  corporation, shall be authenticated by its seal.  A service of
   30-8  process or pleading served on the commission shall be by duplicate
   30-9  copies, one of which shall be filed in the office of the commission
  30-10  and the other forwarded by registered mail to the last known
  30-11  principal address which the commission has for the nonresident
  30-12  against whom the process or pleading is directed.  No default in an
  30-13  action may be taken except on certification by the commission that
  30-14  a copy of the process or pleading was mailed to the defendant as
  30-15  provided in this section, and no default judgment may be taken in
  30-16  an action or proceeding until 20 days after the day of mailing of
  30-17  the process or pleading to the defendant.
  30-18        Notwithstanding any other provision of this subsection, a
  30-19  nonresident of this state who resides in a city whose boundaries
  30-20  are contiguous at any point to the boundaries of a city of this
  30-21  state, and who has been an actual bona fide resident of that city
  30-22  for at least 60 days immediately preceding the filing of his
  30-23  application, is eligible to be licensed as a real estate broker or
  30-24  salesperson <salesman> under this Act in the same manner as a
  30-25  resident of this state.  If a person <he> is licensed in this
  30-26  manner, the person <he> shall at all times maintain a place of
  30-27  business either in the city in which the person <he> resides or in
   31-1  the city in this state which is contiguous to the city in which the
   31-2  person <he> resides, and the person <he> may not maintain a place
   31-3  of business at another location in this state unless the person
   31-4  <he> also complies with the requirements of Section 14(b) of this
   31-5  Act.  The place of business must satisfy the requirements of
   31-6  Subsection (a) of Section 12 of this Act, but the place of business
   31-7  shall be deemed a definite place of business in this state within
   31-8  the meaning of Subsection (a) of Section 12.
   31-9        SECTION 18.  Sections 15(a) and (d), The Real Estate License
  31-10  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
  31-11  read as follows:
  31-12        (a)  The commission may, on its own motion, and shall, on the
  31-13  signed complaint in writing of any person <a consumer or service
  31-14  recipient>, provided the complaint, or the complaint together with
  31-15  evidence, documentary or otherwise, presented in connection with
  31-16  the complaint, provides reasonable cause, investigate the actions
  31-17  and records of a real estate broker or real estate salesperson
  31-18  <salesman>.  The commission may suspend or revoke a license issued
  31-19  under the provisions of this Act at any time when it has been
  31-20  determined that:
  31-21              (1)  the licensee has entered a plea of guilty or nolo
  31-22  contendere to, or been found guilty of, or been convicted of, a
  31-23  felony, in which fraud is an essential element, and the time for
  31-24  appeal has elapsed or the judgment or conviction has been affirmed
  31-25  on appeal, irrespective of an order granting probation following
  31-26  such conviction, suspending the imposition of sentence;
  31-27              (2)  the licensee has procured, or attempted to
   32-1  procure, a real estate license, for the licensee <himself> or
   32-2  another person <a salesman>, by fraud, misrepresentation or deceit,
   32-3  or by making a material misstatement of fact in an application for
   32-4  a real estate license;
   32-5              (3)  the licensee, when selling, buying, trading, or
   32-6  renting real property on the licensee's <in his> own account
   32-7  <name>, engaged in misrepresentation or dishonest or fraudulent
   32-8  action;
   32-9              (4)  the licensee has failed within a reasonable time
  32-10  to make good a check issued to the commission after the commission
  32-11  has mailed a request for payment by certified mail to the
  32-12  licensee's last known business address as reflected by the
  32-13  commission's records;
  32-14              (5)  the licensee has disregarded or violated a
  32-15  provision of this Act;
  32-16              (6)  the licensee, while performing an act constituting
  32-17  an act of a broker or salesperson <salesman>, as defined by this
  32-18  Act, has been guilty of:
  32-19                    (A)  making a material misrepresentation, or
  32-20  failing to disclose to a potential purchaser any latent structural
  32-21  defect or any other defect known to the broker or salesperson
  32-22  <salesman>.  Latent structural defects and other defects do not
  32-23  refer to trivial or insignificant defects but refer to those
  32-24  defects that would be a significant factor to a reasonable and
  32-25  prudent purchaser in making a decision to purchase;
  32-26                    (B)  making a false promise of a character likely
  32-27  to influence, persuade, or induce any person to enter into a
   33-1  contract or agreement when the licensee could not or did not intend
   33-2  to keep such promise;
   33-3                    (C)  pursuing a continued and flagrant course of
   33-4  misrepresentation or making of false promises through agents,
   33-5  salespersons <salesmen>, advertising, or otherwise;
   33-6                    (D)  failing to make clear, to all parties to a
   33-7  transaction, which party the licensee <he> is acting for, or
   33-8  receiving compensation from more than one party except with the
   33-9  full knowledge and consent of all parties;
  33-10                    (E)  failing within a reasonable time properly to
  33-11  account for or remit money coming into the licensee's <his>
  33-12  possession which belongs to others, or commingling money belonging
  33-13  to others with the licensee's <his> own funds;
  33-14                    (F)  paying a commission or fees to or dividing a
  33-15  commission or fees with anyone not licensed as a real estate broker
  33-16  or salesperson <salesman> in this state or in any other state for
  33-17  compensation for services for which <as> a real estate license is
  33-18  required by this Act <agent>;
  33-19                    (G)  failing to specify in a listing contract or
  33-20  in another contract in which the licensee agrees to perform
  33-21  services for which a license is required under this Act a definite
  33-22  termination date which is not subject to prior notice;
  33-23                    (H)  accepting, receiving, or charging an
  33-24  undisclosed commission, rebate, or direct profit on expenditures
  33-25  made for a principal;
  33-26                    (I)  soliciting, selling, or offering for sale
  33-27  real property under a scheme or program that constitutes a lottery
   34-1  or deceptive practice;
   34-2                    (J)  acting in the dual capacity of broker and
   34-3  undisclosed principal in a transaction;
   34-4                    (K)  guaranteeing, authorizing, or permitting a
   34-5  person to guarantee that future profits will result from a resale
   34-6  of real property;
   34-7                    (L)  placing a sign on real property offering it
   34-8  for sale, lease, or rent without the written consent of the owner
   34-9  or the owner's <his> authorized agent;
  34-10                    (M)  inducing or attempting to induce a party to
  34-11  a contract of sale or lease to break the contract for the purpose
  34-12  of substituting in lieu thereof a new contract;
  34-13                    (N)  negotiating or attempting to negotiate the
  34-14  sale, exchange, lease, or rental of real property with an owner,
  34-15  <or> lessor, buyer, or tenant, knowing that the owner, <or> lessor,
  34-16  buyer, or tenant had a written outstanding contract, granting
  34-17  exclusive agency in connection with the transaction <property> to
  34-18  another real estate broker;
  34-19                    (O)  offering real property for sale or for lease
  34-20  without the knowledge and consent of the owner or the owner's <his>
  34-21  authorized agent, or on terms other than those authorized by the
  34-22  owner or the owner's <his> authorized agent;
  34-23                    (P)  publishing, or causing to be published, an
  34-24  advertisement including, but not limited to, advertising by
  34-25  newspaper, radio, television, or display which is misleading, or
  34-26  which is likely to deceive the public, or which in any manner tends
  34-27  to create a misleading impression, or which fails to identify the
   35-1  person causing the advertisement to be published as a licensed real
   35-2  estate broker or salesperson <agent>;
   35-3                    (Q)  having knowingly withheld from or inserted
   35-4  in a statement of account or invoice, a statement that made it
   35-5  inaccurate in a material particular;
   35-6                    (R)  publishing or circulating an unjustified or
   35-7  unwarranted threat of legal proceedings, or other action;
   35-8                    (S)  establishing an association, by employment
   35-9  or otherwise, with an unlicensed person who is expected or required
  35-10  to perform an act for which <as> a real estate license is required
  35-11  by this Act <licensee>, or aiding or abetting or conspiring with a
  35-12  person to circumvent the requirements of this Act;
  35-13                    (T)  failing or refusing on demand to furnish
  35-14  copies of a document pertaining to a transaction dealing with real
  35-15  estate to a person whose signature is affixed to the document;
  35-16                    (U)  failing to advise a purchaser in writing
  35-17  before the closing of a transaction that the purchaser should
  35-18  either have the abstract covering the real estate which is the
  35-19  subject of the contract examined by an attorney of the purchaser's
  35-20  own selection, or be furnished with or obtain a policy of title
  35-21  insurance;
  35-22                    (V)  conduct which constitutes dishonest
  35-23  dealings, bad faith, or untrustworthiness;
  35-24                    (W)  acting negligently or incompetently in
  35-25  performing an act for which a person is required to hold a real
  35-26  estate license;
  35-27                    (X)  disregarding or violating a provision of
   36-1  this Act;
   36-2                    (Y)  failing within a reasonable time to deposit
   36-3  money received as escrow agent in a real estate transaction, either
   36-4  in trust with a title company authorized to do business in this
   36-5  state, or in a custodial, trust, or escrow account maintained for
   36-6  that purpose in a banking institution authorized to do business in
   36-7  this state;
   36-8                    (Z)  disbursing money deposited in a custodial,
   36-9  trust, or escrow account, as provided in Subsection (Y) before the
  36-10  transaction concerned has been consummated or finally otherwise
  36-11  terminated; or
  36-12                    (AA)  discriminating against an owner, potential
  36-13  purchaser, lessor, or potential lessee on the basis of race, color,
  36-14  religion, sex, national origin, <or> ancestry, familial status, or
  36-15  disability, including directing prospective home buyers or lessees
  36-16  interested in equivalent properties to different areas according to
  36-17  the race, color, religion, sex, national origin, <or> ancestry,
  36-18  familial status, or disability of the potential owner or lessee;
  36-19              (7)  the licensee has failed or refused on demand to
  36-20  produce a document, book, or record in the licensee's <his>
  36-21  possession concerning a real estate transaction conducted by the
  36-22  licensee <him> for inspection by the commission or its authorized
  36-23  personnel or representative;
  36-24              (8)  the licensee has failed within a reasonable time
  36-25  to provide information requested by the commission in connection
  36-26  with an investigation to determine whether the licensee has
  36-27  violated a provision of this Act or a rule of the commission <as a
   37-1  result of a formal or informal complaint to the commission which
   37-2  would indicate a violation of this Act>; or
   37-3              (9)  the licensee has failed without just cause to
   37-4  surrender to the rightful owner, on demand, a document or
   37-5  instrument coming into the licensee's <his> possession.
   37-6        (d)  The commission may not investigate under this section a
   37-7  complaint submitted more than four years after the date of the
   37-8  incident involving a real estate broker or salesperson <salesman>
   37-9  that is the subject of the complaint.
  37-10        SECTION 19.  Section 15B(a), The Real Estate License Act
  37-11  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  37-12  as follows:
  37-13        (a)  Notwithstanding any other provision of the Act, there
  37-14  shall be no undercover or covert investigations of a person
  37-15  licensed under this Act conducted by authority of this Act unless
  37-16  expressly authorized by the commission after due consideration of
  37-17  the circumstances and determination by the commission that such
  37-18  measures are necessary to carry out the purposes of this Act. No
  37-19  investigations of licensees or any other actions against licensees
  37-20  shall be initiated on the basis of anonymous complaints whether in
  37-21  writing or otherwise but shall be initiated only upon the
  37-22  commission's own motion or a signed written complaint <from a
  37-23  consumer or service recipient>.  The commission may authorize an
  37-24  employee of the commission to file a signed written complaint
  37-25  against a licensee relating to a payment from a recovery fund
  37-26  established under this Act, a criminal conviction, or an act of the
  37-27  licensee that involves obtaining or attempting to obtain a license
   38-1  by fraud, engaging in misrepresentation or deceit, or failing to
   38-2  make good a check issued to the commission.  Upon the adoption of
   38-3  such motion by the commission or upon receipt of such complaint,
   38-4  the licensee shall be notified promptly and in writing <unless the
   38-5  commission itself, after due consideration, determines otherwise>.
   38-6        SECTION 20.  Section 15D, The Real Estate License Act
   38-7  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   38-8  as follows:
   38-9        Sec. 15D.  No licensed real estate broker, licensed real
  38-10  estate salesperson <salesman>, or not for profit real estate board
  38-11  or association which provides information about real property sales
  38-12  prices or terms of sale for the purpose of facilitating the
  38-13  listing, selling, leasing, financing, or appraisal of real property
  38-14  shall be liable to any other person as a result of so providing
  38-15  such information unless the disclosure of same is otherwise
  38-16  specifically prohibited by statute.
  38-17        SECTION 21.  Sections 16(a), (b), (d), and (e), The Real
  38-18  Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
  38-19  are amended to read as follows:
  38-20        (a)  A license granted under the provisions of this Act shall
  38-21  be suspended or revoked by the commission on proof that the
  38-22  licensee, not being licensed and authorized to practice law in this
  38-23  state, for a consideration, reward, pecuniary benefit, present or
  38-24  anticipated, direct or indirect, or in connection with or as a part
  38-25  of the licensee's <his> employment, agency, or fiduciary
  38-26  relationship as a licensee, drew a deed, note, deed of trust, will,
  38-27  or other written instrument that may transfer or anywise affect the
   39-1  title to or an interest in land, except as provided in the
   39-2  subsections below, or advised or counseled a person as to the
   39-3  validity or legal sufficiency of an instrument or as to the
   39-4  validity of title to real estate.
   39-5        (b)  Notwithstanding the provisions of this Act or any other
   39-6  law, the completion of contract forms which bind the sale,
   39-7  exchange, option, lease, or rental of any interest in real property
   39-8  by a real estate broker or salesperson <salesman> incident to the
   39-9  performance of the acts of a broker as defined by this article does
  39-10  not constitute the unauthorized or illegal practice of law in this
  39-11  state, provided the forms have been promulgated for use by the
  39-12  commission for the particular kind of transaction involved, or the
  39-13  forms have been prepared by an attorney at law licensed by this
  39-14  state and approved by said attorney for the particular kind of
  39-15  transaction involved, or the forms have been prepared by the
  39-16  property owner or prepared by an attorney and required by the
  39-17  property owner.
  39-18        (d)  The Texas Real Estate Broker-Lawyer Committee shall have
  39-19  12 members including six members appointed by the commission and
  39-20  six members of the State Bar of Texas appointed by the President of
  39-21  the State Bar of Texas.  The members of the committee shall hold
  39-22  office for staggered terms of six years with the terms of two
  39-23  commission appointees and two State Bar appointees expiring every
  39-24  two years.  Each member shall hold office until the member's <his>
  39-25  successor is appointed.  A vacancy for any cause shall be filled
  39-26  for the expired term by the agency making the original appointment.
  39-27  Appointments to the committee shall be made without regard to race,
   40-1  creed, sex, religion, or national origin.
   40-2        (e)  In the best interest of the public the commission may
   40-3  adopt rules and regulations requiring real estate brokers and
   40-4  salespersons <salesmen> to use contract forms which have been
   40-5  prepared by the Texas Real Estate Broker-Lawyer Committee and
   40-6  promulgated by the commission; provided, however, that the
   40-7  commission shall not prohibit a real estate broker or salesperson
   40-8  <salesman> from using a contract form or forms binding the sale,
   40-9  exchange, option, lease, or rental of any interest in real property
  40-10  which have been prepared by the property owner or prepared by an
  40-11  attorney and required by the property owner.  For the purpose of
  40-12  this section, contract forms prepared by the Texas Real Estate
  40-13  Broker-Lawyer Committee appointed by the commission and the State
  40-14  Bar of Texas and promulgated by the commission prior to the
  40-15  effective date of this Act shall be deemed to have been prepared by
  40-16  the Texas Real Estate Broker-Lawyer Committee.  The commission may
  40-17  suspend or revoke a license issued under the provisions of this
  40-18  article when it has determined that the licensee failed to use a
  40-19  contract form as required by the commission pursuant to this
  40-20  section.
  40-21        SECTION 22.  Section 17(a), The Real Estate License Act
  40-22  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  40-23  as follows:
  40-24        (a)  If the commission proposes to suspend or revoke a
  40-25  person's license or registration, the person is entitled to a
  40-26  hearing before the commission or a hearings officer appointed by
  40-27  the commission.  The commission shall prescribe procedures by which
   41-1  all decisions to suspend or revoke are made by or are appealable to
   41-2  the commission.  The commission shall prescribe the time and place
   41-3  of the hearing.  However, the hearing shall be held, if the
   41-4  licensee so desires, within the county where the licensee has the
   41-5  licensee's <his> principal place of business, or if the licensee is
   41-6  a nonresident, the hearing may be called for and held in any county
   41-7  within this state.  The hearing is governed by the procedures for a
   41-8  contested case under Chapter 2001, Government Code <the
   41-9  Administrative Procedure and Texas Register Act (Article 6252-13a,
  41-10  Vernon's Texas Civil Statutes)>.
  41-11        SECTION 23.  Section 18A(a), The Real Estate License Act
  41-12  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  41-13  as follows:
  41-14        (a)  Any listing contract form adopted by the commission
  41-15  relating to the contractual obligations between a seller of real
  41-16  estate and a real estate broker or salesperson <salesman> acting as
  41-17  an agent for the seller shall include a section that informs the
  41-18  parties to the contract that real estate commissions are
  41-19  negotiable.
  41-20        SECTION 24.  Section 18B(a), The Real Estate License Act
  41-21  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  41-22  as follows:
  41-23        (a)  If a person files a complaint with the commission
  41-24  relating to a real estate broker or salesperson <salesman>, the
  41-25  commission shall furnish to the person an explanation of the
  41-26  remedies that are available to the person under this Act and
  41-27  information about appropriate state or local agencies or officials
   42-1  with which the person may file a complaint.  The commission shall
   42-2  furnish the same explanation and information to the person against
   42-3  whom the complaint is filed.
   42-4        SECTION 25.  Sections 19(a) and (b), The Real Estate License
   42-5  Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
   42-6  read as follows:
   42-7        (a)  A person acting as a real estate broker or real estate
   42-8  salesperson <salesman> without first obtaining a license is guilty
   42-9  of a misdemeanor and on conviction shall be punishable by a fine of
  42-10  not less than $100 nor more than $500, or by imprisonment in the
  42-11  county jail for a term not to exceed one year, or both; and if a
  42-12  corporation or a limited liability company, shall be punishable by
  42-13  a fine of not less than $1,000 nor more than $2,000.  A person, on
  42-14  conviction of a second or subsequent offense, shall be punishable
  42-15  by a fine of not less than $500 nor more than $1,000, or by
  42-16  imprisonment for a term not to exceed two years, or both; and if a
  42-17  corporation or a limited liability company, shall be punishable by
  42-18  a fine of not less than $2,000 nor more than $5,000.
  42-19        (b)  In case a person received money, or the equivalent
  42-20  thereof, as a fee, commission, compensation, or profit by or in
  42-21  consequence of a violation of Subsection (a) of this section, the
  42-22  person <he> shall, in addition, be liable to a penalty of not less
  42-23  than the amount of the sum of money so received and not more than
  42-24  three times the sum so received, as may be determined by the court,
  42-25  which penalty may be recovered in a court of competent jurisdiction
  42-26  by an aggrieved person.
  42-27        SECTION 26.  Section 19A(o), The Real Estate License Act
   43-1  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
   43-2  as follows:
   43-3        (o)  A penalty collected under this section for a violation
   43-4  by a person licensed as a real estate broker or salesperson
   43-5  <salesman> shall be deposited in the real estate recovery fund.  A
   43-6  penalty collected under this section for a violation by a person
   43-7  licensed or registered as a real estate inspector shall be
   43-8  deposited in the real estate inspection recovery fund.
   43-9        SECTION 27.  Section 20, The Real Estate License Act (Article
  43-10  6573a, Vernon's Texas Civil Statutes), is amended to read as
  43-11  follows:
  43-12        Sec. 20.  (a)  A person may not bring or maintain an action
  43-13  for the collection of compensation for the performance in this
  43-14  state of an act set forth in Section 2 of this Act without alleging
  43-15  and proving that the person performing the brokerage services was a
  43-16  duly licensed real estate broker or salesperson <salesman> at the
  43-17  time the alleged services were commenced, or was a duly licensed
  43-18  attorney at law in this state or in any other state.
  43-19        (b)  An action may not be brought in a court in this state
  43-20  for the recovery of a commission for the sale or purchase of real
  43-21  estate unless the promise or agreement on which the action is
  43-22  brought, or some memorandum thereof, is in writing and signed by
  43-23  the party to be charged or signed by a person lawfully authorized
  43-24  by the party <him> to sign it.
  43-25        (c)  When an offer to purchase real estate in this state is
  43-26  signed, the real estate broker or salesperson <salesman> shall
  43-27  advise the purchaser or purchasers, in writing, that the purchaser
   44-1  or purchasers should have the abstract covering the real estate
   44-2  which is the subject of the contract examined by an attorney of the
   44-3  purchaser's own selection, or that the purchaser or purchasers
   44-4  should be furnished with or obtain a policy of title insurance.
   44-5  Failure to advise the purchaser as provided in this subsection
   44-6  precludes the payment of or recovery of any commission agreed to be
   44-7  paid on the sale.
   44-8        SECTION 28.  Sections 23(b)(2), (5), and (9), The Real Estate
   44-9  License Act (Article 6573a, Vernon's Texas Civil Statutes), are
  44-10  amended to read as follows:
  44-11              (2)  The committee is composed of nine members
  44-12  appointed by the commission.  The members of the committee hold
  44-13  office for staggered terms of six years, with the terms of three
  44-14  members expiring February 1 of each odd-numbered year.  Each member
  44-15  holds office until the member's successor is appointed.
  44-16  Appointments to the committee shall be made without regard to the
  44-17  sex, race, color, age, handicap, religion, or national origin of
  44-18  the appointees.  In the event of a vacancy during a term, the
  44-19  commission shall appoint a replacement who meets the qualifications
  44-20  for appointment under this subdivision to fill the unexpired part
  44-21  of the term.  A member of the committee must be a professional
  44-22  inspector actively engaged in the practice of real estate
  44-23  inspecting at the time of appointment and must have been primarily
  44-24  engaged in the practice of real estate inspecting for at least five
  44-25  years before the member's appointment.  A member of the committee
  44-26  may not hold a real estate broker or salesperson <salesman>
  44-27  license.  Each member of the committee is entitled to a per diem
   45-1  allowance and to reimbursement of travel expenses necessarily
   45-2  incurred in performing functions as a member of the committee,
   45-3  subject to any applicable limitation in the General Appropriations
   45-4  Act.  The committee shall annually elect from its members a
   45-5  chairperson <chairman>, a vice chairperson <vice-chairman>, and
   45-6  secretary.  A quorum of the committee consists of five members.
   45-7              (5)  If the administrator of the commission has
   45-8  knowledge that a potential ground for removal exists, the
   45-9  administrator shall notify the chairperson <chairman> of the
  45-10  commission that a potential ground exists.
  45-11              (9)  The committee shall act in an advisory capacity to
  45-12  develop and recommend to the commission rules under this section.
  45-13  The committee shall review commission rules relating to this
  45-14  section and recommend changes in the rules to the commission.  The
  45-15  commission shall submit all proposed rules, all proposed rule
  45-16  changes and all requests for proposed rules or rule changes that
  45-17  relate to the regulation and licensing of inspectors under this
  45-18  section to the committee for development or recommendation.  The
  45-19  commission may modify the rules developed by the committee if the
  45-20  commission finds such modifications are in the public interest.
  45-21  This section does not prohibit the commission from developing and
  45-22  adopting rules relating to the regulation and licensing of
  45-23  inspectors under this section if the committee fails to develop or
  45-24  recommend rules under this section within a reasonable period of
  45-25  time after the commission submits the proposed rules, rule changes
  45-26  or requests for proposed rules or rule changes to the committee.
  45-27  If the committee determines that a rule requested by the commission
   46-1  should not be developed or recommended for adoption by the
   46-2  commission, the committee shall submit a report on the matter to
   46-3  the commission.  The chairperson <chairman> of the commission and
   46-4  the chairperson <chairman> of the committee shall then appoint
   46-5  three members each from their respective bodies to meet as an ad
   46-6  hoc committee to consider the report and recommend possible action
   46-7  by the commission.  The chairperson <chairman> of the commission or
   46-8  a member of the commission designated by the chairperson <chairman>
   46-9  shall serve as the seventh member of the ad hoc committee.  At
  46-10  least one member of the ad hoc committee must be a public member of
  46-11  the commission.
  46-12        SECTION 29.  Section 23(l), The Real Estate License Act
  46-13  (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
  46-14  as follows:
  46-15        (l)  Prohibited acts.  A professional inspector, real estate
  46-16  inspector or an apprentice inspector licensed under this section
  46-17  may not:
  46-18              (1)  accept an assignment for real estate inspection if
  46-19  the employment or fee is contingent on the reporting of a specific,
  46-20  predetermined condition of the improvements to real property or is
  46-21  contingent on the reporting of specific findings other than those
  46-22  known by the inspector to be facts at the time of accepting the
  46-23  assignment;
  46-24              (2)  act in a manner or engage in a practice that is
  46-25  dishonest or fraudulent or that involves deceit or
  46-26  misrepresentation;
  46-27              (3)  perform a real estate inspection in a negligent or
   47-1  incompetent manner;
   47-2              (4)  act in the dual capacity of inspector and
   47-3  undisclosed principal in a transaction;
   47-4              (5)  act in the dual capacity of inspector and real
   47-5  estate broker or salesperson <salesman> in a transaction;
   47-6              (6)  perform or agree to perform any repairs or
   47-7  maintenance in connection with a real estate inspection pursuant to
   47-8  the provisions of any earnest money contract, lease agreement, or
   47-9  exchange of real estate; or
  47-10              (7)  violate the rules adopted by the commission or any
  47-11  provisions of this section.
  47-12        SECTION 30.  Section 23(o), The Real Estate License Act
  47-13  (Article 6573a, Vernon's Texas Civil Statutes), is amended by
  47-14  amending Subdivisions (7) and (11) and adding Subdivision (19) to
  47-15  read as follows:
  47-16              (7)  The court shall proceed on the application
  47-17  forthwith.  On the hearing on the application, the aggrieved person
  47-18  is required to show:
  47-19                    (A)  that the judgment is based on facts allowing
  47-20  recovery under Subdivision (1) of this subsection;
  47-21                    (B)  that the person is not a spouse of the
  47-22  debtor or the personal representative of the spouse and the person
  47-23  is not a licensed <an> inspector, as defined by this section;
  47-24                    (C)  that the person has obtained a judgment
  47-25  under Subdivision (6) of this subsection that is not subject to a
  47-26  stay or discharge in bankruptcy and has been judicially determined
  47-27  to be nondischargeable in a pending bankruptcy, stating the amount
   48-1  of the judgment and the amount owing on the judgment at the date of
   48-2  the application;
   48-3                    (D)  that based on the best information
   48-4  available, the judgment debtor lacks sufficient attachable assets
   48-5  in this state or any other state to satisfy the judgment; and
   48-6                    (E)  the amount that may be realized from the
   48-7  sale of real or personal property or other assets liable to be sold
   48-8  or applied in satisfaction of the judgment and the balance
   48-9  remaining due on the judgment after application of the amount that
  48-10  may be realized.
  48-11              (11)  The sums received by the commission for deposit
  48-12  in the real estate inspection recovery fund shall be held by the
  48-13  commission in trust for carrying out the purpose of the real estate
  48-14  inspection recovery fund.  Subject to legislative appropriation,
  48-15  money in the fund may be used by the commission to pay the expenses
  48-16  involved in collecting a judgment assigned to the commission.
  48-17  These funds may be invested and reinvested in the same manner as
  48-18  funds of the Employees Retirement System of Texas, and the interest
  48-19  from these investments shall be deposited to the credit of the real
  48-20  estate inspection recovery fund.  However, investments may not be
  48-21  made that will impair the necessary liquidity required to satisfy
  48-22  judgment payments awarded pursuant to this subsection.
  48-23              (19)  If the commission is notified before making a
  48-24  payment from the real estate inspection recovery fund that a
  48-25  judgment debtor has initiated a bankruptcy proceeding involving a
  48-26  judgment that the commission has been ordered to pay, the
  48-27  commission may move for an order to withdraw the order directing
   49-1  the commission to make the payment pending a judicial determination
   49-2  in the bankruptcy proceeding that the judgment is nondischargeable.
   49-3  A court shall grant the commission's motion on presentation by the
   49-4  commission of proof that the bankruptcy proceeding involving the
   49-5  judgment debtor was initiated by the judgment debtor.
   49-6        SECTION 31.  (a)  This Act takes effect September 1, 1995.
   49-7        (b)  The change made by this Act in the title of a person
   49-8  licensed to sell real estate does not affect the validity of a
   49-9  license issued or an act performed before the effective date of
  49-10  this Act.
  49-11        SECTION 32.  The importance of this legislation and the
  49-12  crowded condition of the calendars in both houses create an
  49-13  emergency and an imperative public necessity that the
  49-14  constitutional rule requiring bills to be read on three several
  49-15  days in each house be suspended, and this rule is hereby suspended.