NDT H.B. 814 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 814 By: Danburg 3-10-97 Committee Report (Amended) BACKGROUND Although long recognized by principles of usage and rules of construction, the use of masculine pronouns to refer to both sexes, has been criticized in recent years as constituting subtle sex discrimination. The Legislative Council has even adopted its own official policy on the subject of gender. In the Real Estate License Act, principal individuals who are regulated by the Texas Real Estate Commission are identified as either a "broker" or "real estate salesman." In fact, the term "real estate salesman" is common throughout the entire Real Estate License Act. PURPOSE As proposed, H.B. 814 makes nonsubstantive revisions to the Real Estate License Act to remove gender specific language. It changes "salesman" to "salesperson" and other gender specific language to non-gender specific language wherever the outdated language appears. RULEMAKING AUTHORITY It is the committee's opinion that the committee amendment grants additional rulemaking authority to the Texas Real Estate Commission. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 1(b)-(e) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 2. Amends Section 2(4) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 3. Amends Section 3 of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 4. Amends Section 4 of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 5. Amends Sections 5(a), (f), (g), (i) and (m) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 6. Amends Sections 6(a) and (b) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 7. Amends Section 6A(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 8. Amends Sections 7(a), (c)-(e), (g) and (h) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 9. Amends Sections 7A(a)-(c) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 10. Amends Sections 8(a)-(f), (h), (i), (l), (n) and (q) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 11. Amends Sections 9(a), (b) and (e) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 12. Amends Section 10(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 13. Amends Section 11 of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 14. Amends Sections 12(a), (b) and (d) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 15. Amends Section 13 of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 16. Amends Section 13A(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 17. Amends Section 14 of the Real Estate License Act by making nonsubstantive changes to remove gender specific language. SECTION 18. Amends Sections 15(a) and (d) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 19. Amends Section 15C(m)(3), The Real Estate Licence Act, by making nonsubstantive changes to remove gender specific language. SECTION 20. Amends Section 15D of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 21. Amends sections 16(a), (b), (d) and (e) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 22. Amends Section 17(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 23. Amends Section 18A(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 24. Amends Section 18B(a) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 25. Amends Sections 19(a) and (b) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 26. Amends Section 19A(o) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 27. Amends Section 20 of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 28. Amends Section 23(b)(2), (5) and (9) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 29. Amends Section 23(1) of the Real Estate Licence Act by making nonsubstantive changes to remove gender specific language. SECTION 30. Amends Section 24(b), The Real Estate License Act, by making nonsubstantive changes to remove gender specific language. SECTION 29. (a) Effective Date: September 1, 1997. (b) Confirming language to clarify that these substantive changes do not affect existing language. SECTION 30. Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 on page 2, line 10 of the bill strikes "salesman" and substitutes "or salesman". The amendment also inserts on page 43 of the bill, after line 27, a new subsection (c). The new subsection (c) provides that the terms "real estate salesperson" and "real estate salesman" have the same meaning and may both be used under the Real Estate License Act until January 1, 1999. The amendment also requires that no later than January 1, 1999, the Texas Real Estate Commission shall adopt new forms, licenses, rules, and other documents that only use the term "real estate salesperson."