1-1     By:  Danburg (Senate Sponsor - Ellis)                  H.B. No. 814

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the title of certain persons licensed to sell real

 1-9     estate.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Sections 1(b)-(e), The Real Estate License Act

1-12     (Article 6573a, Vernon's Texas Civil Statutes), are amended to read

1-13     as follows:

1-14           (b)  It is unlawful for a person to act in the capacity of,

1-15     engage in the business of, or advertise or hold that person

1-16     [himself] out as engaging in or conducting the business of a real

1-17     estate broker or a real estate salesperson [salesman] within this

1-18     state without first obtaining a real estate license from the Texas

1-19     Real Estate Commission.  It is unlawful for a person licensed as a

1-20     real estate salesperson [salesman] to act or attempt to act as a

1-21     real estate broker or salesperson [salesman] unless that person

1-22     [he] is, at such time, associated with a licensed Texas real estate

1-23     broker and acting for the licensed real estate broker.

1-24           (c)  Each real estate broker licensed pursuant to this Act is

1-25     responsible to the commission, members of the public, and the

1-26     broker's [his] clients for all acts and conduct performed under

1-27     this Act by the broker [himself] or by a real estate salesperson

1-28     [salesman] associated with or acting for the broker.

1-29           (d)  No real estate salesperson [salesman] shall accept

1-30     compensation for real estate sales and transactions from any person

1-31     other than the broker under whom the salesperson [he] is at the

1-32     time licensed or under whom the salesperson [he] was licensed when

1-33     the salesperson [he] earned the right to compensation.

1-34           (e)  No real estate salesperson [salesman] shall pay a

1-35     commission to any person except through the broker under whom the

1-36     salesperson [he] is at the time licensed.

1-37           SECTION 2.  Section 2(4), The Real Estate License Act

1-38     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

1-39     as follows:

1-40                 (4)  "Real estate salesperson or salesman" means a

1-41     person associated with a Texas licensed real estate broker for the

1-42     purposes of performing acts or transactions comprehended by the

1-43     definition of "real estate broker" as defined in this Act.

1-44           SECTION 3.  Section 3, The Real Estate License Act (Article

1-45     6573a, Vernon's Texas Civil Statutes), is amended to read as

1-46     follows:

1-47           Sec. 3.  The provisions of this Act shall not apply to any of

1-48     the following persons and transactions, and each and all of the

1-49     following persons and transactions are hereby exempted from the

1-50     provisions of this Act:

1-51                 (1)  an attorney at law licensed in this state or in

1-52     any other state;

1-53                 (2)  an attorney in fact under a duly executed power of

1-54     attorney authorizing the consummation of a real estate transaction;

1-55                 (3)  a public official in the conduct of that person's

1-56     [his] official duties;

1-57                 (4)  a person calling the sale of real estate by

1-58     auction under the authority of a license issued by this state

1-59     provided the person does not perform any other act of a real estate

1-60     broker or salesperson [salesman] as defined by this Act;

1-61                 (5)  a person acting under a court order or under the

1-62     authority of a will or a written trust instrument;

1-63                 (6)  a salesperson employed by an owner in the sale of

1-64     structures and land on which said structures are situated, provided

 2-1     such structures are erected by the owner in the due course of the

 2-2     owner's [his] business;

 2-3                 (7)  an on-site manager of an apartment complex;

 2-4                 (8)  transactions involving the sale, lease, or

 2-5     transfer of any mineral or mining interest in real property;

 2-6                 (9)  an owner or the owner's [his] employees in renting

 2-7     or leasing the owner's [his] own real estate whether improved or

 2-8     unimproved;

 2-9                 (10)  transactions involving the sale, lease, or

2-10     transfer of cemetery lots; or

2-11                 (11)  transactions involving the renting, leasing, or

2-12     management of hotels or motels.

2-13           SECTION 4.  Section 4, 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. 4.  A person who, directly or indirectly for another,

2-17     with the intention or on the promise of receiving any valuable

2-18     consideration, offers, attempts, or agrees to perform, or performs,

2-19     a single act defined in Subdivisions 2 and 3, Section 2 of this

2-20     Act, whether as a part of a transaction, or as an entire

2-21     transaction, is deemed to be acting as a real estate broker or

2-22     salesperson [salesman] within the meaning of this Act.  The

2-23     commission of a single such act by a person required to be licensed

2-24     under this Act and not so licensed shall constitute a violation of

2-25     this Act.

2-26           SECTION 5.  Sections 5(a), (f), (g), (i), and (m), The Real

2-27     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),

2-28     are amended to read as follows:

2-29           (a)  The administration of the provisions of this Act is

2-30     vested in a commission, to be known as the "Texas Real Estate

2-31     Commission," consisting of nine members to be appointed by the

2-32     governor with the advice and consent of two-thirds of the senate

2-33     present.  The commissioners hold office for staggered terms of six

2-34     years with the terms of three members expiring January 31 of each

2-35     odd-numbered year.  Each member holds office until the member's

2-36     [his] successor is appointed and has qualified.  Within 15 days

2-37     after [his] appointment, each member shall qualify by taking the

2-38     constitutional oath of office and furnishing a bond payable to the

2-39     Governor of Texas in the penal sum of $10,000, conditional on the

2-40     faithful performance of the member's [his] duties as prescribed by

2-41     law.  A vacancy for any cause shall be filled by the governor for

2-42     the unexpired term. The governor shall designate as chairperson

2-43     [chairman] of the commission one member of the commission who is a

2-44     licensed real estate broker.  The chairperson [chairman] serves in

2-45     that capacity at the pleasure of the governor.  At a regular

2-46     meeting in February of each year, the commission shall elect from

2-47     its own membership a vice-chairperson [vice-chairman] and

2-48     secretary.  A quorum of the commission consists of five members.

2-49           (f)  If the administrator has knowledge that a potential

2-50     ground for removal exists, the administrator shall notify the

2-51     chairperson [chairman] of the commission of the ground.  The

2-52     chairperson [chairman] shall then notify the governor that a

2-53     potential ground for removal exists.

2-54           (g)  Each member of the commission shall receive as

2-55     compensation for each day actually spent on the member's [his]

2-56     official duties the sum of $75 and the [his] actual and necessary

2-57     expenses incurred in the performance of the member's [his] official

2-58     duties.

2-59           (i)  The commission is empowered to select and name an

2-60     administrator and to select and employ such other subordinate

2-61     officers and employees as are necessary to administer this Act.

2-62     The salaries of the administrator and the officers and employees

2-63     shall be fixed by the commission not to exceed such amounts as are

2-64     fixed by the applicable general appropriations bill.  The

2-65     commission may designate a subordinate officer as assistant

2-66     administrator who shall be authorized to act for the administrator

2-67     in the administrator's [his] absence.  The administrator or the

2-68     administrator's designee shall develop a system of annual

2-69     performance evaluations.  All merit pay for commission employees

 3-1     must be based on the system established under this subsection.  The

 3-2     administrator or the administrator's designee shall develop an

 3-3     intraagency career ladder program.  The program shall require

 3-4     intraagency postings of all nonentry level positions concurrently

 3-5     with any public posting.

 3-6           (m)  The commission shall charge and collect as a condition

 3-7     for issuance and for renewal of a real estate broker license the

 3-8     fee under Section 11(a)(14) of this Act.  The commission shall

 3-9     charge and collect as a condition for issuance and for renewal of a

3-10     real estate salesperson [salesman] license the fee under Section

3-11     11(a)(15) of this Act.  The commission shall transmit the fees

3-12     under this subsection quarterly to Texas A&M University for deposit

3-13     in a separate banking account.  The money in the separate account

3-14     shall be expended for the support and maintenance of the Texas Real

3-15     Estate Research Center and for carrying out the purposes,

3-16     objectives, and duties of the center.  However, all money expended

3-17     from the separate account shall be as determined by legislative

3-18     appropriation.

3-19           SECTION 6.  Sections 6(a) and (b), The Real Estate License

3-20     Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to

3-21     read as follows:

3-22           (a)  A person desiring to act as a real estate broker in this

3-23     state shall file an application for a license with the commission

3-24     on a form prescribed by the commission.  A broker desiring to

3-25     engage a person to participate in real estate brokerage activity

3-26     shall join the person in filing an application for a salesperson

3-27     [salesman] license on a form prescribed by the commission.  A

3-28     person previously licensed as a broker may apply for inactive

3-29     status.  A person previously licensed as a salesperson [salesman]

3-30     may apply for inactive status without the participation of a

3-31     broker.  The person must apply for inactive status on a form

3-32     prescribed by the commission not later than the first anniversary

3-33     of the date of the expiration of the broker or salesperson

3-34     [salesman] license.

3-35           (b)  To be eligible for a license, an individual must be a

3-36     citizen of the United States or a lawfully admitted alien, be at

3-37     least 18 years of age, and be a legal resident of Texas at the time

3-38     of the filing of an application, and must satisfy the commission as

3-39     to the individual's [his] honesty, trustworthiness, integrity, and

3-40     competency.  However, the competency of the individual, for the

3-41     purpose of qualifying for the granting of a license, shall be

3-42     judged solely on the basis of the examination referred to in

3-43     Section 7 of this Act.

3-44           SECTION 7.  Section 6A(a), The Real Estate License Act

3-45     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

3-46     as follows:

3-47           (a)  If, at any time before a person applies for a license

3-48     under this Act, the person requests the commission to determine

3-49     whether the person's [his] moral character complies with the

3-50     commission's moral character requirements for licensing under this

3-51     Act and the person pays a fee set by the commission for the moral

3-52     character determination, the commission shall make its

3-53     determination of the person's moral character.

3-54           SECTION 8.  Sections 7(a), (c)-(e), (g), and (h), The Real

3-55     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),

3-56     are amended to read as follows:

3-57           (a)  Competency as referred to in Section 6 of this Act shall

3-58     be established by an examination prepared by or contracted for by

3-59     the commission.  The examination shall be given at such times and

3-60     at such places within the state as the commission shall prescribe.

3-61     The examination shall be of scope sufficient in the judgment of the

3-62     commission to determine that a person is competent to act as a real

3-63     estate broker or salesperson [salesman] in a manner to protect the

3-64     interest of the public.  The examination for a salesperson

3-65     [salesman] license shall be less exacting and less stringent than

3-66     the examination for a broker license.  The commission shall furnish

3-67     each applicant with study material and references on which the

3-68     [his] examination shall be based.  When an applicant for a real

3-69     estate license fails a qualifying examination, the applicant [he]

 4-1     may apply for reexamination by filing a request therefor together

 4-2     with the proper fee.  The examination requirement must be satisfied

 4-3     not later than six months after the date on which the application

 4-4     for a license is filed.  Courses of study required for a license

 4-5     may include but are not limited to the following, which shall be

 4-6     considered core real estate courses for all purposes of this Act:

 4-7                 (1)  Principles of Real Estate (or equivalent) shall

 4-8     include but not be limited to an overview of licensing as a real

 4-9     estate broker and salesperson [salesman], ethics of practice,

4-10     titles to and conveyancing of real estate, legal descriptions, law

4-11     of agency, deeds, encumbrances and liens, distinctions between

4-12     personal and real property, contracts, appraisal, finance and

4-13     regulations, closing procedures, real estate mathematics, and at

4-14     least three classroom hours of instruction on federal, state, and

4-15     local laws relating to housing discrimination, housing credit

4-16     discrimination, and community reinvestment.

4-17                 (2)  Real Estate Appraisal (or equivalent) shall

4-18     include but not be limited to the central purposes and functions of

4-19     an appraisal, social and economic determinant of value, appraisal

4-20     case studies, cost, market data and income approaches to value

4-21     estimates, final correlations, and reporting.

4-22                 (3)  Real Estate Law (or equivalent) shall include but

4-23     not be limited to legal concepts of real estate, land description,

4-24     real property rights and estates in land, contracts, conveyances,

4-25     encumbrances, foreclosures, recording procedures, and evidence of

4-26     titles.

4-27                 (4)  Real Estate Finance (or equivalent) shall include

4-28     but not be limited to monetary systems, primary and secondary money

4-29     markets, sources of mortgage loans, federal government programs,

4-30     loan applications, processes and procedures, closing costs,

4-31     alternative financial instruments, equal credit opportunity acts,

4-32     community reinvestment act, and state housing agency.

4-33                 (5)  Real Estate Marketing (or equivalent) shall

4-34     include but not be limited to real estate professionalism and

4-35     ethics, characteristics of successful salespersons [salesmen], time

4-36     management, psychology of marketing, listing procedures,

4-37     advertising, negotiating and closing, financing, and the Deceptive

4-38     Trade Practices-Consumer Protection Act, as amended, Section 17.01

4-39     et seq., Business & Commerce Code.

4-40                 (6)  Real Estate Mathematics (or equivalent) shall

4-41     include but not be limited to basic arithmetic skills and review of

4-42     mathematical logic, percentages, interest, time-valued money,

4-43     depreciation, amortization, proration, and estimation of closing

4-44     statements.

4-45                 (7)  Real Estate Brokerage (or equivalent) shall

4-46     include but not be limited to law of agency, planning and

4-47     organization, operational policies and procedures, recruiting,

4-48     selection and training of personnel, records and control, and real

4-49     estate firm analysis and expansion criteria.

4-50                 (8)  Property Management (or equivalent) shall include

4-51     but not be limited to role of property manager, landlord policies,

4-52     operational guidelines, leases, lease negotiations, tenant

4-53     relations, maintenance, reports, habitability laws, and the Fair

4-54     Housing Act.

4-55                 (9)  Real Estate Investments (or equivalent) shall

4-56     include but not be limited to real estate investment

4-57     characteristics, techniques of investment analysis, time-valued

4-58     money, discounted and nondiscounted investment criteria, leverage,

4-59     tax shelters depreciation, and applications to property tax.

4-60                 (10)  Law of Agency (or equivalent) shall include but

4-61     not be limited to the principal-agent and master-servant

4-62     relationships, the authority of an agent, the termination of an

4-63     agent's authority, the fiduciary and other duties of an agent,

4-64     employment law, deceptive trade practices, listing or buying

4-65     representation procedures, and the disclosure of agency.

4-66           (c)  The commission shall waive the examination of an

4-67     applicant for a broker license who has, within one year previous to

4-68     the filing of the [his] application, been licensed in this state as

4-69     a broker, and shall waive the examination of an applicant for a

 5-1     salesperson [salesman] license who has, within one year previous to

 5-2     the filing of the [his] application, been licensed in this state as

 5-3     either a broker or salesperson [salesman].

 5-4           (d)  Each applicant for a broker license shall furnish the

 5-5     commission satisfactory evidence that the applicant [he] has had

 5-6     not less than two years active experience in this state as a

 5-7     licensed real estate salesperson [salesman] or broker during the

 5-8     36-month period immediately preceding the filing of the

 5-9     application; and, in addition, shall furnish the commission

5-10     satisfactory evidence of having completed successfully 60 semester

5-11     hours, or equivalent classroom hours, of core real estate courses

5-12     or related postsecondary education courses accepted by the

5-13     commission.  These qualifications for a broker license may not be

5-14     required of an applicant who, at the time of making the

5-15     application, is duly licensed as a real estate broker by any other

5-16     state in the United States if that state's requirements for

5-17     licensure are comparable to those of Texas.  As a prerequisite for

5-18     applying for a broker license, those persons licensed as

5-19     salespersons [salesmen] subject to the annual education

5-20     requirements provided by Subsection (e) of this section shall, as

5-21     part of the hours required by this subsection, furnish the

5-22     commission satisfactory evidence of having completed all the

5-23     requirements of Subsection (e) of this section.

5-24           (e)  Each applicant for a salesperson [salesman] license

5-25     shall furnish the commission satisfactory evidence of having

5-26     completed 12 semester hours, or equivalent classroom hours, of

5-27     postsecondary education, six hours of which must be completed in

5-28     core real estate courses, of which a minimum of two hours must be

5-29     completed in Principles of Real Estate as described in Subsection

5-30     (a)(1) of this section and a minimum of two hours must be completed

5-31     in Law of Agency as described in Subsection (a)(10) of this

5-32     section.  The remaining six hours shall be completed in core real

5-33     estate courses or related courses.  As a condition for the first

5-34     renewal of a salesperson [salesman] license, the applicant shall

5-35     furnish the commission satisfactory evidence of having completed a

5-36     minimum of 14 semester hours, or equivalent classroom hours, eight

5-37     hours of which must be completed in core real estate courses.  As a

5-38     condition for the second renewal of a salesperson [salesman]

5-39     license, the applicant shall furnish the commission satisfactory

5-40     evidence of having completed a minimum of 16 semester hours, or

5-41     equivalent classroom hours, 10 hours of which must be completed in

5-42     core real estate courses.  As a condition for the third renewal of

5-43     a salesperson [salesman] license, the applicant shall furnish the

5-44     commission satisfactory evidence of having completed a minimum of

5-45     18 semester hours, or equivalent classroom hours, 12 hours of which

5-46     must be completed in core real estate courses.

5-47           (g)  Notwithstanding any other provision of this Act, each

5-48     applicant for a broker license shall furnish the commission with

5-49     satisfactory evidence:

5-50                 (1)  that the applicant [he] has satisfied the

5-51     requirements of Subsection (d) of this section;

5-52                 (2)  that the applicant [he] is a licensed real estate

5-53     broker in another state, [that he] has had not less than two years'

5-54     active experience in the other state as a licensed real estate

5-55     salesperson [salesman] or broker during the 36-month period

5-56     immediately preceding the filing of the application, and [that he]

5-57     has satisfied the educational requirements for a broker license as

5-58     provided by Subsection (d) of this section; or

5-59                 (3)  that the applicant [he] has, within one year

5-60     previous to the filing of the [his] application, been licensed in

5-61     this state as a broker.

5-62           (h)  Notwithstanding any other provision of this Act, the

5-63     commission shall waive the requirements of Subsection (e) of this

5-64     section for an applicant for a salesperson [salesman] license who

5-65     has, within one year previous to the filing of the [his]

5-66     application, been licensed in this state as a broker or salesperson

5-67     [salesman].  However, with respect to an applicant for a

5-68     salesperson [salesman] license who was licensed as a salesperson

5-69     [salesman] within one year previous to the filing of the

 6-1     application but whose original license was issued under the

 6-2     provisions that the first, second, and third renewal of the license

 6-3     would be conditioned upon furnishing satisfactory evidence of

 6-4     successful completion of additional education, the commission shall

 6-5     require the applicant to furnish satisfactory evidence of

 6-6     successful completion of any additional education that would have

 6-7     been required if the license had been maintained without

 6-8     interruption during the previous year.

 6-9           SECTION 9.  Sections 7A(a)-(c), The Real Estate License Act

6-10     (Article 6573a, Vernon's Texas Civil Statutes), are amended to read

6-11     as follows:

6-12           (a)  To renew an active real estate broker license or an

6-13     active real estate salesperson [salesman] license that is not

6-14     subject to the annual education requirements of this Act, the

6-15     licensee must provide the commission proof of attendance at at

6-16     least 15 classroom hours of continuing education courses approved

6-17     by the commission during the term of the current license.  The

6-18     commission by rule may provide for the substitution of relevant

6-19     educational experience or correspondence courses approved by the

6-20     commission instead of classroom attendance.  In addition,

6-21     supervised video instruction may be approved by the commission as a

6-22     course counting as classroom hours of mandatory continuing

6-23     education.  At least six hours of instruction must be devoted to

6-24     the rules of the commission, fair housing laws, landlord-tenant law

6-25     and other Property Code issues, agency laws, antitrust laws, the

6-26     Deceptive Trade Practices-Consumer Protection Act (Subchapter E,

6-27     Chapter 17, Business & Commerce Code), disclosures to buyers,

6-28     landlords, tenants, and sellers, current contract and addendum

6-29     forms, the unauthorized practice of law, case studies involving

6-30     violations of laws and regulations, current Federal Housing

6-31     Administration and Department of Veterans Affairs regulations, tax

6-32     laws, property tax consulting laws and legal issues, or other legal

6-33     topics approved by the commission.  The remaining hours may be

6-34     devoted to other real estate-related topics approved by the

6-35     commission.  The commission may consider equivalent courses for

6-36     continuing education credit.  Property tax consulting laws and

6-37     legal issues include but are not limited to the Tax Code,

6-38     preparation of property tax reports, the unauthorized practice of

6-39     law, agency laws, tax laws, laws concerning property taxes or

6-40     assessments, deceptive trade practices, contract forms and

6-41     addendum, and other legal topics approved by the commission.  Real

6-42     estate related courses approved by the State Bar of Texas for

6-43     minimum continuing legal education participatory credit and core

6-44     real estate courses under Section 7(a) of this Act shall

6-45     automatically be approved as mandatory continuing education courses

6-46     under this Act.  The commission may not require examinations except

6-47     for correspondence courses or courses offered by alternative

6-48     delivery systems such as computers.  Daily classroom course

6-49     segments must be at least three hours long but not more than 10

6-50     hours long.

6-51           (b)  An applicant for an active real estate broker license or

6-52     an active real estate salesperson [salesman] license who is not

6-53     subject to the education requirements of Section 7 of this Act must

6-54     provide the commission with proof of attendance of the number of

6-55     classroom hours of continuing education that would have been

6-56     required for a timely renewal as specified in Subsection (a) of

6-57     this section during the two-year period preceding the filing of the

6-58     application.

6-59           (c)  As a condition of returning to active status, an

6-60     inactive salesperson [salesman] whose license is not subject to the

6-61     annual education requirements of this Act must provide the

6-62     commission with proof of attendance at at least 15 hours of

6-63     continuing education as specified in Subsection (a) of this section

6-64     during the two-year period preceding the filing of the application.

6-65           SECTION 10.  Sections 8(a)-(f), (h), (i), (l), (n), and (q),

6-66     The Real Estate License Act (Article 6573a, Vernon's Texas Civil

6-67     Statutes), are amended to read as follows:

6-68           (a)  The commission shall establish a real estate recovery

6-69     fund which shall be set apart and maintained by the commission as

 7-1     provided in this section.  The fund shall be used in the manner

 7-2     provided in this section for reimbursing aggrieved persons who

 7-3     suffer actual damages by reason of certain acts committed by a duly

 7-4     licensed real estate broker or salesperson [salesman], or by an

 7-5     unlicensed employee or agent of a broker or salesperson [salesman],

 7-6     provided the broker or salesperson [salesman] was licensed by the

 7-7     State of Texas at the time the act was committed and provided

 7-8     recovery is ordered by a court of competent jurisdiction against

 7-9     the broker or salesperson [salesman].  The use of the fund is

7-10     limited to an act that constitutes a violation of Section 15(a)(3)

7-11     or (6) of this Act.

7-12           (b)  On application for an original license pursuant to this

7-13     Act, the applicant shall pay, in addition to the [his] original

7-14     license application fee, a fee of $10 which shall be deposited in

7-15     the real estate recovery fund.

7-16           (c)  If on December 31 of any year the balance remaining in

7-17     the real estate recovery fund is less than $1 million, each real

7-18     estate broker and each real estate salesperson [salesman], on the

7-19     next renewal of the [his] license, shall pay, in addition to the

7-20     [his] license renewal fee, a fee of $10, which shall be deposited

7-21     in the real estate recovery fund, or a pro rata share of the amount

7-22     necessary to bring the fund to $1.7 million, whichever is less.  If

7-23     on December 31 of any year the balance remaining in the real estate

7-24     recovery fund is more than $3.5 million or more than the total

7-25     amount of claims paid from the fund during the previous four fiscal

7-26     years, whichever is greater, the amount of money in excess of the

7-27     greater amount shall be transferred to the general revenue fund.

7-28           (d)  No action for a judgment which subsequently results in

7-29     an order for collection from the real estate recovery fund shall be

7-30     started later than two years from the accrual of the cause of

7-31     action.  When an aggrieved person commences action for a judgment

7-32     which may result in collection from the real estate recovery fund,

7-33     the real estate broker or real estate salesperson [salesman] shall

7-34     notify the commission in writing to this effect at the time of the

7-35     commencement of the action.

7-36           (e)  When an aggrieved person recovers a valid judgment in a

7-37     court of competent jurisdiction against a real estate broker or

7-38     real estate salesperson [salesman], on the grounds described in

7-39     Subsection (a) of this section that occurred on or after May 19,

7-40     1975, the aggrieved person may, after final judgment has been

7-41     entered, execution returned nulla bona, and a judgment lien

7-42     perfected, file a verified claim in the court in which the judgment

7-43     was entered and, on 20 days' written notice to the commission, and

7-44     to the judgment debtor, may apply to the court for an order

7-45     directing payment out of the real estate recovery fund of the

7-46     amount unpaid on the judgment, subject to the limitations stated in

7-47     Subsection (n) of this section.

7-48           (f)  The court shall proceed on the application forthwith.

7-49     On the hearing on the application, the aggrieved person is required

7-50     to show that:

7-51                 (1)  the judgment is based on facts allowing recovery

7-52     under Subsection (a) of this section;

7-53                 (2)  the person [he] is not a spouse of the debtor, or

7-54     the personal representative of the spouse; and the person [he] is

7-55     not a real estate broker or salesperson [salesman], as defined by

7-56     this Act, who is seeking to recover a real estate commission in the

7-57     transaction or transactions for which the application for payment

7-58     is made;

7-59                 (3)  the person [he] has obtained a judgment under

7-60     Subsection (e) of this section that is not subject to a stay or

7-61     discharge in bankruptcy, stating the amount of the judgment and the

7-62     amount owing on the judgment at the date of the application;

7-63                 (4)  based on the best available information, the

7-64     judgment debtor lacks sufficient attachable assets in this state or

7-65     any other state to satisfy the judgment; and

7-66                 (5)  the amount that may be realized from the sale of

7-67     real or personal property or other assets liable to be sold or

7-68     applied in satisfaction of the judgment and the balance remaining

7-69     due on the judgment after application of the amount that may be

 8-1     realized.

 8-2           (h)  The court shall make an order directed to the commission

 8-3     requiring payment from the real estate recovery fund of whatever

 8-4     sum it finds to be payable on the claim, pursuant to and in

 8-5     accordance with the limitations contained in this section, if the

 8-6     court is satisfied, on the hearing, of the truth of all matters

 8-7     required to be shown by the aggrieved person by Subsection (f) of

 8-8     this section and that the aggrieved person has satisfied all of the

 8-9     requirements of Subsections (e) and (f) of this section.  The

8-10     commission may relitigate any issue material and relevant in the

8-11     hearing on the application that was determined in the underlying

8-12     action on which the judgment in favor of the applicant was based.

8-13     If the court finds that the aggregate amount of claims against a

8-14     real estate broker or salesperson [salesman] exceeds the

8-15     limitations contained in this section, the court shall reduce

8-16     proportionately the amount it finds payable on the claim.

8-17           (i)  A license granted under the provisions of this Act may

8-18     be revoked by the commission on proof that the commission has made

8-19     a payment from the real estate recovery fund of any amount toward

8-20     satisfaction of a judgment against a licensed real estate broker or

8-21     salesperson [salesman].  The commission may probate an order

8-22     revoking a license.  No broker or salesperson [salesman] is

8-23     eligible to receive a new license until the broker or salesperson

8-24     [he] has repaid in full, plus interest at the current legal rate,

8-25     the amount paid from the real estate recovery fund on the broker's

8-26     or salesperson's [his] account.

8-27           (l)  When, on the order of the court, the commission has paid

8-28     from the real estate recovery fund any sum to the judgment

8-29     creditor, the commission shall be subrogated to all of the rights

8-30     of the judgment creditor to the extent of the amount paid.  The

8-31     judgment creditor shall assign all of the creditor's [his] right,

8-32     title, and interest in the judgment up to the amount paid by the

8-33     commission which amount shall have priority for repayment in the

8-34     event of any subsequent recovery on the judgment.  Any amount and

8-35     interest recovered by the commission on the judgment shall be

8-36     deposited to the fund.

8-37           (n)  Notwithstanding any other provision, payments from the

8-38     real estate recovery fund are subject to the following conditions

8-39     and limitations:

8-40                 (1)  payments may be made only pursuant to an order of

8-41     a court of competent jurisdiction, as provided in Subsection (e) of

8-42     this section, and in the manner prescribed by this section;

8-43                 (2)  payments for claims, including attorneys' fees,

8-44     interest, and court costs, arising out of the same transaction

8-45     shall be limited in the aggregate to $50,000 regardless of the

8-46     number of claimants; and

8-47                 (3)  payments for claims based on judgments against any

8-48     one licensed real estate broker or salesperson [salesman] may not

8-49     exceed in the aggregate $100,000 until the fund has been reimbursed

8-50     by the licensee for all amounts paid.

8-51           (q)  A broker or salesperson [salesman] licensed under this

8-52     Act shall notify consumers and service recipients of the

8-53     availability of the real estate recovery fund established under

8-54     this section for reimbursing certain aggrieved persons.  The notice

8-55     must include the name, mailing address, and telephone number of the

8-56     commission and any other information required by commission rule.

8-57     The notification may be provided with the notice required by

8-58     Section 5(q) of this Act or:

8-59                 (1)  on a written contract for the services of a broker

8-60     or salesperson [salesman];

8-61                 (2)  on a brochure distributed by a broker or

8-62     salesperson [salesman];

8-63                 (3)  on a sign prominently displayed in the place of

8-64     business of a salesperson [salesman] or broker; or

8-65                 (4)  in a bill or receipt for service provided by a

8-66     broker or salesperson [salesman].

8-67           SECTION 11.  Sections 9(a), (b), and (e), The Real Estate

8-68     License Act (Article 6573a, Vernon's Texas Civil Statutes), are

8-69     amended to read as follows:

 9-1           (a)  When an applicant has satisfactorily met all

 9-2     requirements and conditions of this Act, a license shall be issued

 9-3     which may remain in force and effect so long as the holder of the

 9-4     license remains in compliance with the obligations of this Act,

 9-5     which include payment of the renewal fee as provided in Section 11

 9-6     of this Act.  Each active salesperson [salesman] license issued

 9-7     shall be delivered or mailed to the broker with whom the

 9-8     salesperson [salesman] is associated and shall be kept under the

 9-9     broker's [his] custody and control.

9-10           (b)  An applicant is not permitted to engage in the real

9-11     estate business either as a broker or salesperson [salesman] until

9-12     a license evidencing the applicant's [his] authority to engage in

9-13     the real estate business has been received.

9-14           (e)  The commission shall require in any application for a

9-15     broker or salesperson [salesman] license or a renewal of a broker

9-16     or salesperson [salesman] license the applicant to disclose whether

9-17     the applicant has entered a plea of guilty or nolo contendere to,

9-18     been found guilty of, or been convicted of a felony and the time

9-19     for appeal has elapsed or the judgment or conviction has been

9-20     affirmed on appeal, irrespective of an order granting probation

9-21     following the conviction or suspending the imposition of sentence.

9-22           SECTION 12.  Section 10(a), The Real Estate License Act

9-23     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

9-24     as follows:

9-25           (a)  If the commission declines or fails to license an

9-26     applicant, it shall immediately give written notice of the refusal

9-27     to the applicant.  Before the applicant may appeal to a district

9-28     court as provided in Section 18 of this Act, the applicant [he]

9-29     must file within 10 days after the receipt of the notice an appeal

9-30     from the ruling, requesting a time and place for a hearing before

9-31     the commission.  The commission shall set a time and place for the

9-32     hearing within 30 days from the receipt of the appeal, giving 10

9-33     days' notice of the hearing to the applicant.  The time of the

9-34     hearing may be continued from time to time with the consent of the

9-35     applicant.  Following the hearing, the commission shall enter an

9-36     order which is, in its opinion, appropriate in the matter

9-37     concerned.

9-38           SECTION 13.  Section 11, The Real Estate License Act (Article

9-39     6573a, Vernon's Texas Civil Statutes), is amended to read as

9-40     follows:

9-41           Sec. 11.  [(a)]  The commission shall charge and collect the

9-42     following fees:

9-43                 (1)  a fee not to exceed $100 for the filing of an

9-44     original application for a real estate broker license;

9-45                 (2)  a fee not to exceed $100 for annual renewal of a

9-46     real estate broker license;

9-47                 (3)  a fee not to exceed $50 for the filing of an

9-48     original application for a real estate salesperson [salesman]

9-49     license;

9-50                 (4)  a fee not to exceed $50 for annual renewal of a

9-51     real estate salesperson [salesman] license;

9-52                 (5)  a fee not to exceed $25 for an application for a

9-53     license examination;

9-54                 (6)  a fee not to exceed $20 for filing a request for a

9-55     license for each additional office or place of business;

9-56                 (7)  a fee not to exceed $20 for filing a request for a

9-57     license for a change of place of business, change of name, return

9-58     to active status, or change of sponsoring broker;

9-59                 (8)  a fee not to exceed $20 for filing a request to

9-60     replace a license lost or destroyed;

9-61                 (9)  a fee not to exceed $400 for filing an application

9-62     for approval of an education program under Section 7(f) of this

9-63     Act;

9-64                 (10)  a fee not to exceed $200 a year for operation of

9-65     an education program under Section 7(f) of this Act;

9-66                 (11)  a fee of $15 for transcript evaluation;

9-67                 (12)  a fee not to exceed $10 for preparing a license

9-68     history;

9-69                 (13)  a fee not to exceed $50 for the filing of an

 10-1    application for a moral character determination;

 10-2                (14)  an annual fee of $20 from each real estate broker

 10-3    to be transmitted to Texas A&M University for the Texas Real Estate

 10-4    Research Center as provided by Section 5(m) of this Act;  and

 10-5                (15)  an annual fee of $17.50 from each real estate

 10-6    salesperson [salesman] to be transmitted to Texas A&M University

 10-7    for the Texas Real Estate Research Center as provided by Section

 10-8    5(m) of this Act.

 10-9          SECTION 14.  Sections 12(a), (b), and (d), The Real Estate

10-10    License Act (Article 6573a, Vernon's Texas Civil Statutes), are

10-11    amended to read as follows:

10-12          (a)  Each resident broker shall maintain a fixed office

10-13    within this state.  The address of the office shall be designated

10-14    on the broker's license.  Within 10 days after a move from a

10-15    previously designated address, the broker shall submit an

10-16    application for a new license, designating the new location of the

10-17    broker's [his] office, together with the required fee, whereupon

10-18    the commission shall issue a license, reflecting the new location,

10-19    provided the new location complies with the terms of this section.

10-20          (b)  If a broker maintains more than one place of business

10-21    within this state, the broker [he] shall apply for, pay the

10-22    required fee for, and obtain an additional license to be known as a

10-23    branch office license for each additional office the broker [he]

10-24    maintains.

10-25          (d)  Each broker shall also prominently display in the

10-26    broker's [his] place or in one of the broker's [his] places of

10-27    business the license of each real estate salesperson [salesman]

10-28    associated with the broker [him].

10-29          SECTION 15.  Section 13, The Real Estate License Act (Article

10-30    6573a, Vernon's Texas Civil Statutes), is amended to read as

10-31    follows:

10-32          Sec. 13.  (a)  When the association of a salesperson

10-33    [salesman] with the salesperson's [his] sponsoring broker is

10-34    terminated, the broker shall immediately return the salesperson

10-35    [salesman] license to the commission.  The salesperson [salesman]

10-36    license then becomes inactive.

10-37          (b)  The salesperson [salesman] license may be activated if,

10-38    before the license expires, a request, accompanied by the required

10-39    fee, is filed with the commission by a licensed broker advising

10-40    that the broker [he] assumes sponsorship of the salesperson

10-41    [salesman].

10-42          SECTION 16.  Section 13A(a), The Real Estate License Act

10-43    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

10-44    as follows:

10-45          (a)  A real estate broker who holds a license issued under

10-46    this Act and who is not acting as a broker or sponsoring a

10-47    salesperson [salesman] may apply to the commission in writing to be

10-48    placed on the inactive status list maintained by the commission.

10-49    The broker must apply for inactive status before the expiration of

10-50    the broker's license.  The broker shall terminate the broker's

10-51    association with any salesperson [salesmen] sponsored by the broker

10-52    by giving written notice to the salesperson [salesmen] before the

10-53    30th day before the date the broker applies for inactive status.  A

10-54    person on inactive status under this section is required to pay the

10-55    annual renewal fees.

10-56          SECTION 17.  Section 14, The Real Estate License Act (Article

10-57    6573a, Vernon's Texas Civil Statutes), is amended to read as

10-58    follows:

10-59          Sec. 14.  (a)  It is unlawful for a licensed broker to employ

10-60    or compensate directly or indirectly a person for performing an act

10-61    enumerated in the definition of real estate broker in Section 2 of

10-62    this Act if the person is not a licensed broker or licensed

10-63    salesperson [salesman] in this state.  However, a licensed broker

10-64    may pay a commission to a licensed broker of another state if the

10-65    foreign broker does not conduct in this state any of the

10-66    negotiations for which the fee, compensation, or commission is

10-67    paid.

10-68          (b)  A resident broker of another state who furnishes the

10-69    evidence required under Section 7(g) of this Act may apply for a

 11-1    license as a broker in this state.  A resident of another state who

 11-2    is not licensed as a broker but who was formerly licensed as a

 11-3    salesperson [salesman] or broker in this state may apply for a

 11-4    license in this state not later than the first anniversary of the

 11-5    date of the expiration of the previous license.  An application by

 11-6    a nonresident is subject to the requirements under this Act for the

 11-7    type of license applied for.  A nonresident licensee need not

 11-8    maintain a place of business in this state.  The commission may in

 11-9    its discretion refuse to issue a license to an applicant who is not

11-10    a resident of this state for the same reasons that it may refuse to

11-11    license a resident of this state.  The commission shall judge the

11-12    competency of a nonresident applicant solely on the basis of the

11-13    examination conducted under Section 7 of this Act.

11-14          (c)  Each nonresident applicant shall file an irrevocable

11-15    consent that legal actions may be commenced against the applicant

11-16    [him] in the proper court of any county of this state in which a

11-17    cause of action may arise, or in which the plaintiff may reside, by

11-18    service of process or pleading authorized by the laws of this

11-19    state, or by serving the administrator or assistant administrator

11-20    of the commission.  The consent shall stipulate that the service of

11-21    process or pleading shall be valid and binding in all courts as if

11-22    personal service had been made on the nonresident in this state.

11-23    The consent shall be duly acknowledged, and if made by a

11-24    corporation, shall be authenticated by its seal.  A service of

11-25    process or pleading served on the commission shall be by duplicate

11-26    copies, one of which shall be filed in the office of the commission

11-27    and the other forwarded by registered mail to the last known

11-28    principal address which the commission has for the nonresident

11-29    against whom the process or pleading is directed.  No default in an

11-30    action may be taken except on certification by the commission that

11-31    a copy of the process or pleading was mailed to the defendant as

11-32    provided in this section, and no default judgment may be taken in

11-33    an action or proceeding until 20 days after the day of mailing of

11-34    the process or pleading to the defendant.

11-35          Notwithstanding any other provision of this subsection, a

11-36    nonresident of this state who resides in a city whose boundaries

11-37    are contiguous at any point to the boundaries of a city of this

11-38    state, and who has been an actual bona fide resident of that city

11-39    for at least 60 days immediately preceding the filing of his

11-40    application, is eligible to be licensed as a real estate broker or

11-41    salesperson [salesman] under this Act in the same manner as a

11-42    resident of this state.  If a person [he] is licensed in this

11-43    manner, the person [he] shall at all times maintain a place of

11-44    business either in the city in which the person [he] resides or in

11-45    the city in this state which is contiguous to the city in which the

11-46    person [he] resides, and the person [he] may not maintain a place

11-47    of business at another location in this state unless the person

11-48    [he] also complies with the requirements of Section 14(b) of this

11-49    Act.  The place of business must satisfy the requirements of

11-50    Subsection (a) of Section 12 of this Act, but the place of business

11-51    shall be deemed a definite place of business in this state within

11-52    the meaning of Subsection (a) of Section 12.

11-53          SECTION 18.  Sections 15(a) and (d), The Real Estate License

11-54    Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to

11-55    read as follows:

11-56          (a)  The commission may, on its own motion, and shall, on the

11-57    signed complaint in writing of a consumer or service recipient,

11-58    provided the complaint, or the complaint together with evidence,

11-59    documentary or otherwise, presented in connection with the

11-60    complaint, provides reasonable cause, investigate the actions and

11-61    records of a real estate broker or real estate salesperson

11-62    [salesman].  The commission may suspend or revoke a license issued

11-63    under the provisions of this Act at any time when it has been

11-64    determined that:

11-65                (1)  the licensee has entered a plea of guilty or nolo

11-66    contendere to, or been found guilty of, or been convicted of, a

11-67    felony, in which fraud is an essential element, and the time for

11-68    appeal has elapsed or the judgment or conviction has been affirmed

11-69    on appeal, irrespective of an order granting probation following

 12-1    such conviction, suspending the imposition of sentence;

 12-2                (2)  the licensee has procured, or attempted to

 12-3    procure, a real estate license, for the licensee [himself] or a

 12-4    salesperson [salesman], by fraud, misrepresentation or deceit, or

 12-5    by making a material misstatement of fact in an application for a

 12-6    real estate license;

 12-7                (3)  the licensee, when selling, buying, trading, or

 12-8    renting real property in the licensee's [his] own name, engaged in

 12-9    misrepresentation or dishonest or fraudulent action;

12-10                (4)  the licensee has failed within a reasonable time

12-11    to make good a check issued to the commission after the commission

12-12    has mailed a request for payment by certified mail to the

12-13    licensee's last known business address as reflected by the

12-14    commission's records;

12-15                (5)  the licensee has disregarded or violated a

12-16    provision of this Act;

12-17                (6)  the licensee, while performing an act constituting

12-18    an act of a broker or salesperson [salesman], as defined by this

12-19    Act, has been guilty of:

12-20                      (A)  making a material misrepresentation, or

12-21    failing to disclose to a potential purchaser any latent structural

12-22    defect or any other defect known to the broker or salesperson

12-23    [salesman].  Latent structural defects and other defects do not

12-24    refer to trivial or insignificant defects but refer to those

12-25    defects that would be a significant factor to a reasonable and

12-26    prudent purchaser in making a decision to purchase;

12-27                      (B)  making a false promise of a character likely

12-28    to influence, persuade, or induce any person to enter into a

12-29    contract or agreement when the licensee could not or did not intend

12-30    to keep such promise;

12-31                      (C)  pursuing a continued and flagrant course of

12-32    misrepresentation or making of false promises through agents,

12-33    salespersons [salesmen], advertising, or otherwise;

12-34                      (D)  failing to make clear, to all parties to a

12-35    transaction, which party the licensee [he] is acting for, or

12-36    receiving compensation from more than one party except with the

12-37    full knowledge and consent of all parties;

12-38                      (E)  failing within a reasonable time properly to

12-39    account for or remit money coming into the licensee's [his]

12-40    possession which belongs to others, or commingling money belonging

12-41    to others with the licensee's [his] own funds;

12-42                      (F)  paying a commission or fees to or dividing a

12-43    commission or fees with anyone not licensed as a real estate broker

12-44    or salesperson [salesman] in this state or in any other state for

12-45    compensation for services as a real estate agent;

12-46                      (G)  failing to specify in a listing contract or

12-47    in another contract in which the licensee agrees to perform

12-48    services for which a license is required under this Act a definite

12-49    termination date which is not subject to prior notice;

12-50                      (H)  accepting, receiving, or charging an

12-51    undisclosed commission, rebate, or direct profit on expenditures

12-52    made for a principal;

12-53                      (I)  soliciting, selling, or offering for sale

12-54    real property under a scheme or program that constitutes a lottery

12-55    or deceptive practice;

12-56                      (J)  acting in the dual capacity of broker and

12-57    undisclosed principal in a transaction;

12-58                      (K)  guaranteeing, authorizing, or permitting a

12-59    person to guarantee that future profits will result from a resale

12-60    of real property;

12-61                      (L)  placing a sign on real property offering it

12-62    for sale, lease, or rent without the written consent of the owner

12-63    or the owner's [his] authorized agent;

12-64                      (M)  inducing or attempting to induce a party to

12-65    a contract of sale or lease to break the contract for the purpose

12-66    of substituting in lieu thereof a new contract;

12-67                      (N)  negotiating or attempting to negotiate the

12-68    sale, exchange, lease, or rental of real property with an owner,

12-69    lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or

 13-1    tenant had a written outstanding contract, granting exclusive

 13-2    agency in connection with the transaction to another real estate

 13-3    broker;

 13-4                      (O)  offering real property for sale or for lease

 13-5    without the knowledge and consent of the owner or the owner's [his]

 13-6    authorized agent, or on terms other than those authorized by the

 13-7    owner or the owner's [his] authorized agent;

 13-8                      (P)  publishing, or causing to be published, an

 13-9    advertisement including, but not limited to, advertising by

13-10    newspaper, radio, television, or display which is misleading, or

13-11    which is likely to deceive the public, or which in any manner tends

13-12    to create a misleading impression, or which fails to identify the

13-13    person causing the advertisement to be published as a licensed real

13-14    estate broker or agent;

13-15                      (Q)  having knowingly withheld from or inserted

13-16    in a statement of account or invoice, a statement that made it

13-17    inaccurate in a material particular;

13-18                      (R)  publishing or circulating an unjustified or

13-19    unwarranted threat of legal proceedings, or other action;

13-20                      (S)  establishing an association, by employment

13-21    or otherwise, with an unlicensed person who is expected or required

13-22    to act as a real estate licensee, or aiding or abetting or

13-23    conspiring with a person to circumvent the requirements of this

13-24    Act;

13-25                      (T)  failing or refusing on demand to furnish

13-26    copies of a document pertaining to a transaction dealing with real

13-27    estate to a person whose signature is affixed to the document;

13-28                      (U)  failing to advise a purchaser in writing

13-29    before the closing of a transaction that the purchaser should

13-30    either have the abstract covering the real estate which is the

13-31    subject of the contract examined by an attorney of the purchaser's

13-32    own selection, or be furnished with or obtain a policy of title

13-33    insurance;

13-34                      (V)  conduct which constitutes dishonest

13-35    dealings, bad faith, or untrustworthiness;

13-36                      (W)  acting negligently or incompetently in

13-37    performing an act for which a person is required to hold a real

13-38    estate license;

13-39                      (X)  disregarding or violating a provision of

13-40    this Act;

13-41                      (Y)  failing within a reasonable time to deposit

13-42    money received as escrow agent in a real estate transaction, either

13-43    in trust with a title company authorized to do business in this

13-44    state, or in a custodial, trust, or escrow account maintained for

13-45    that purpose in a banking institution authorized to do business in

13-46    this state;

13-47                      (Z)  disbursing money deposited in a custodial,

13-48    trust, or escrow account, as provided in Subsection (Y) before the

13-49    transaction concerned has been consummated or finally otherwise

13-50    terminated; or

13-51                      (AA)  discriminating against an owner, potential

13-52    purchaser, lessor, or potential lessee on the basis of race, color,

13-53    religion, sex, national origin, or ancestry, including directing

13-54    prospective home buyers or lessees interested in equivalent

13-55    properties to different areas according to the race, color,

13-56    religion, sex, national origin, or ancestry of the potential owner

13-57    or lessee;

13-58                (7)  the licensee has failed or refused on demand to

13-59    produce a document, book, or record in the licensee's [his]

13-60    possession concerning a real estate transaction conducted by the

13-61    licensee [him] for inspection by the commission or its authorized

13-62    personnel or representative;

13-63                (8)  the licensee has failed within a reasonable time

13-64    to provide information requested by the commission as a result of a

13-65    formal or informal complaint to the commission which would indicate

13-66    a violation of this Act; or

13-67                (9)  the licensee has failed without just cause to

13-68    surrender to the rightful owner, on demand, a document or

13-69    instrument coming into the licensee's [his] possession.

 14-1          (d)  The commission may not investigate under this section a

 14-2    complaint submitted more than four years after the date of the

 14-3    incident involving a real estate broker or salesperson [salesman]

 14-4    that is the subject of the complaint.

 14-5          SECTION 19.  Section 15C(m)(3), The Real Estate License Act

 14-6    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

 14-7    as follows:

 14-8                (3)  "Licensee" means a real estate broker or real

 14-9    estate salesperson [salesman] and includes a licensed associate of

14-10    a licensee.

14-11          SECTION 20.  Section 15D, The Real Estate License Act

14-12    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

14-13    as follows:

14-14          Sec. 15D.  No licensed real estate broker, licensed real

14-15    estate salesperson [salesman], or not for profit real estate board

14-16    or association which provides information about real property sales

14-17    prices or terms of sale for the purpose of facilitating the

14-18    listing, selling, leasing, financing, or appraisal of real property

14-19    shall be liable to any other person as a result of so providing

14-20    such information unless the disclosure of same is otherwise

14-21    specifically prohibited by statute.

14-22          SECTION 21.  Sections 16(a), (b), (d), and (e), The Real

14-23    Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),

14-24    are amended to read as follows:

14-25          (a)  A license granted under the provisions of this Act shall

14-26    be suspended or revoked by the commission on proof that the

14-27    licensee, not being licensed and authorized to practice law in this

14-28    state, for a consideration, reward, pecuniary benefit, present or

14-29    anticipated, direct or indirect, or in connection with or as a part

14-30    of the licensee's [his] employment, agency, or fiduciary

14-31    relationship as a licensee, drew a deed, note, deed of trust, will,

14-32    or other written instrument that may transfer or anywise affect the

14-33    title to or an interest in land, except as provided in the

14-34    subsections below, or advised or counseled a person as to the

14-35    validity or legal sufficiency of an instrument or as to the

14-36    validity of title to real estate.

14-37          (b)  Notwithstanding the provisions of this Act or any other

14-38    law, the completion of contract forms which bind the sale,

14-39    exchange, option, lease, or rental of any interest in real property

14-40    by a real estate broker or salesperson [salesman] incident to the

14-41    performance of the acts of a broker as defined by this article does

14-42    not constitute the unauthorized or illegal practice of law in this

14-43    state, provided the forms have been promulgated for use by the

14-44    commission for the particular kind of transaction involved, or the

14-45    forms have been prepared by an attorney at law licensed by this

14-46    state and approved by said attorney for the particular kind of

14-47    transaction involved, or the forms have been prepared by the

14-48    property owner or prepared by an attorney and required by the

14-49    property owner.

14-50          (d)  The Texas Real Estate Broker-Lawyer Committee shall have

14-51    12 members including six members appointed by the commission and

14-52    six members of the State Bar of Texas appointed by the President of

14-53    the State Bar of Texas.  The members of the committee shall hold

14-54    office for staggered terms of six years with the terms of two

14-55    commission appointees and two State Bar appointees expiring every

14-56    two years.  Each member shall hold office until the member's [his]

14-57    successor is appointed.  A vacancy for any cause shall be filled

14-58    for the expired term by the agency making the original appointment.

14-59    Appointments to the committee shall be made without regard to race,

14-60    creed, sex, religion, or national origin.

14-61          (e)  In the best interest of the public the commission may

14-62    adopt rules and regulations requiring real estate brokers and

14-63    salespersons [salesmen] to use contract forms which have been

14-64    prepared by the Texas Real Estate Broker-Lawyer Committee and

14-65    promulgated by the commission; provided, however, that the

14-66    commission shall not prohibit a real estate broker or salesperson

14-67    [salesman] from using a contract form or forms binding the sale,

14-68    exchange, option, lease, or rental of any interest in real property

14-69    which have been prepared by the property owner or prepared by an

 15-1    attorney and required by the property owner.  For the purpose of

 15-2    this section, contract forms prepared by the Texas Real Estate

 15-3    Broker-Lawyer Committee appointed by the commission and the State

 15-4    Bar of Texas and promulgated by the commission prior to the

 15-5    effective date of this Act shall be deemed to have been prepared by

 15-6    the Texas Real Estate Broker-Lawyer Committee.  The commission may

 15-7    suspend or revoke a license issued under the provisions of this

 15-8    article when it has determined that the licensee failed to use a

 15-9    contract form as required by the commission pursuant to this

15-10    section.

15-11          SECTION 22.  Section 17(a), The Real Estate License Act

15-12    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

15-13    as follows:

15-14          (a)  If the commission proposes to suspend or revoke a

15-15    person's license or registration, the person is entitled to a

15-16    hearing before the commission or a hearings officer appointed by

15-17    the commission.  The commission shall prescribe procedures by which

15-18    all decisions to suspend or revoke are made by or are appealable to

15-19    the commission.  The commission shall prescribe the time and place

15-20    of the hearing.  However, the hearing shall be held, if the

15-21    licensee so desires, within the county where the licensee has the

15-22    licensee's [his] principal place of business, or if the licensee is

15-23    a nonresident, the hearing may be called for and held in any county

15-24    within this state.  The hearing is governed by the procedures for a

15-25    contested case under Chapter 2001, Government Code [the

15-26    Administrative Procedure and Texas Register Act (Article 6252-13a,

15-27    Vernon's Texas Civil Statutes)].

15-28          SECTION 23.  Section 18A(a), The Real Estate License Act

15-29    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

15-30    as follows:

15-31          (a)  Any listing contract form adopted by the commission

15-32    relating to the contractual obligations between a seller of real

15-33    estate and a real estate broker or salesperson [salesman] acting as

15-34    an agent for the seller shall include a section that informs the

15-35    parties to the contract that real estate commissions are

15-36    negotiable.

15-37          SECTION 24.  Section 18B(a), The Real Estate License Act

15-38    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

15-39    as follows:

15-40          (a)  If a person files a complaint with the commission

15-41    relating to a real estate broker or salesperson [salesman], the

15-42    commission shall furnish to the person an explanation of the

15-43    remedies that are available to the person under this Act and

15-44    information about appropriate state or local agencies or officials

15-45    with which the person may file a complaint.  The commission shall

15-46    furnish the same explanation and information to the person against

15-47    whom the complaint is filed.

15-48          SECTION 25.  Sections 19(a) and (b), The Real Estate License

15-49    Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to

15-50    read as follows:

15-51          (a)  A person acting as a real estate broker or real estate

15-52    salesperson [salesman] without first obtaining a license is guilty

15-53    of a misdemeanor and on conviction shall be punishable by a fine of

15-54    not less than $100 nor more than $500, or by imprisonment in the

15-55    county jail for a term not to exceed one year, or both; and if a

15-56    corporation or a limited liability company, shall be punishable by

15-57    a fine of not less than $1,000 nor more than $2,000.  A person, on

15-58    conviction of a second or subsequent offense, shall be punishable

15-59    by a fine of not less than $500 nor more than $1,000, or by

15-60    imprisonment for a term not to exceed two years, or both; and if a

15-61    corporation or a limited liability company, shall be punishable by

15-62    a fine of not less than $2,000 nor more than $5,000.

15-63          (b)  In case a person received money, or the equivalent

15-64    thereof, as a fee, commission, compensation, or profit by or in

15-65    consequence of a violation of Subsection (a) of this section, the

15-66    person [he] shall, in addition, be liable to a penalty of not less

15-67    than the amount of the sum of money so received and not more than

15-68    three times the sum so received, as may be determined by the court,

15-69    which penalty may be recovered in a court of competent jurisdiction

 16-1    by an aggrieved person.

 16-2          SECTION 26.  Section 19A(o), The Real Estate License Act

 16-3    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

 16-4    as follows:

 16-5          (o)  A penalty collected under this section for a violation

 16-6    by a person licensed as a real estate broker or salesperson

 16-7    [salesman] shall be deposited in the real estate recovery fund.  A

 16-8    penalty collected under this section for a violation by a person

 16-9    licensed or registered as a real estate inspector shall be

16-10    deposited in the real estate inspection recovery fund.

16-11          SECTION 27.  Section 20, The Real Estate License Act (Article

16-12    6573a, Vernon's Texas Civil Statutes), is amended to read as

16-13    follows:

16-14          Sec. 20.  (a)  A person may not bring or maintain an action

16-15    for the collection of compensation for the performance in this

16-16    state of an act set forth in Section 2 of this Act without alleging

16-17    and proving that the person performing the brokerage services was a

16-18    duly licensed real estate broker or salesperson [salesman] at the

16-19    time the alleged services were commenced, or was a duly licensed

16-20    attorney at law in this state or in any other state.

16-21          (b)  An action may not be brought in a court in this state

16-22    for the recovery of a commission for the sale or purchase of real

16-23    estate unless the promise or agreement on which the action is

16-24    brought, or some memorandum thereof, is in writing and signed by

16-25    the party to be charged or signed by a person lawfully authorized

16-26    by the party [him] to sign it.

16-27          (c)  When an offer to purchase real estate in this state is

16-28    signed, the real estate broker or salesperson [salesman] shall

16-29    advise the purchaser or purchasers, in writing, that the purchaser

16-30    or purchasers should have the abstract covering the real estate

16-31    which is the subject of the contract examined by an attorney of the

16-32    purchaser's own selection, or that the purchaser or purchasers

16-33    should be furnished with or obtain a policy of title insurance.

16-34    Failure to advise the purchaser as provided in this subsection

16-35    precludes the payment of or recovery of any commission agreed to be

16-36    paid on the sale.

16-37          SECTION 28.  Sections 23(b)(2), (5), and (9), The Real Estate

16-38    License Act (Article 6573a, Vernon's Texas Civil Statutes), are

16-39    amended to read as follows:

16-40                (2)  The committee is composed of nine members

16-41    appointed by the commission.  The members of the committee hold

16-42    office for staggered terms of six years, with the terms of three

16-43    members expiring February 1 of each odd-numbered year.  Each member

16-44    holds office until the member's successor is appointed.

16-45    Appointments to the committee shall be made without regard to the

16-46    sex, race, color, age, handicap, religion, or national origin of

16-47    the appointees.  In the event of a vacancy during a term, the

16-48    commission shall appoint a replacement who meets the qualifications

16-49    for appointment under this subdivision to fill the unexpired part

16-50    of the term.  A member of the committee must be a professional

16-51    inspector actively engaged in the practice of real estate

16-52    inspecting at the time of appointment and must have been primarily

16-53    engaged in the practice of real estate inspecting for at least five

16-54    years before the member's appointment.  A member of the committee

16-55    may not hold a real estate broker or salesperson [salesman]

16-56    license.  Each member of the committee is entitled to a per diem

16-57    allowance and to reimbursement of travel expenses necessarily

16-58    incurred in performing functions as a member of the committee,

16-59    subject to any applicable limitation in the General Appropriations

16-60    Act.  The committee shall annually elect from its members a

16-61    chairperson [chairman], a vice-chairperson [vice-chairman], and

16-62    secretary.  A quorum of the committee consists of five members.

16-63                (5)  If the administrator of the commission has

16-64    knowledge that a potential ground for removal exists, the

16-65    administrator shall notify the chairperson [chairman] of the

16-66    commission that a potential ground exists.

16-67                (9)  The committee shall act in an advisory capacity to

16-68    develop and recommend to the commission rules under this section.

16-69    The committee shall review commission rules relating to this

 17-1    section and recommend changes in the rules to the commission.  The

 17-2    commission shall submit all proposed rules, all proposed rule

 17-3    changes and all requests for proposed rules or rule changes that

 17-4    relate to the regulation and licensing of inspectors under this

 17-5    section to the committee for development or recommendation.  The

 17-6    commission may modify the rules developed by the committee if the

 17-7    commission finds such modifications are in the public interest.

 17-8    This section does not prohibit the commission from developing and

 17-9    adopting rules relating to the regulation and licensing of

17-10    inspectors under this section if the committee fails to develop or

17-11    recommend rules under this section within a reasonable period of

17-12    time after the commission submits the proposed rules, rule changes

17-13    or requests for proposed rules or rule changes to the committee.

17-14    If the committee determines that a rule requested by the commission

17-15    should not be developed or recommended for adoption by the

17-16    commission, the committee shall submit a report on the matter to

17-17    the commission.  The chairperson [chairman] of the commission and

17-18    the chairperson [chairman] of the committee shall then appoint

17-19    three members each from their respective bodies to meet as an ad

17-20    hoc committee to consider the report and recommend possible action

17-21    by the commission.  The chairperson [chairman] of the commission or

17-22    a member of the commission designated by the chairperson [chairman]

17-23    shall serve as the seventh member of the ad hoc committee.  At

17-24    least one member of the ad hoc committee must be a public member of

17-25    the commission.

17-26          SECTION 29.  Section 23(l), The Real Estate License Act

17-27    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

17-28    as follows:

17-29          (l)  Prohibited acts.  A professional inspector, real estate

17-30    inspector or an apprentice inspector licensed under this section

17-31    may not:

17-32                (1)  accept an assignment for real estate inspection if

17-33    the employment or fee is contingent on the reporting of a specific,

17-34    predetermined condition of the improvements to real property or is

17-35    contingent on the reporting of specific findings other than those

17-36    known by the inspector to be facts at the time of accepting the

17-37    assignment;

17-38                (2)  act in a manner or engage in a practice that is

17-39    dishonest or fraudulent or that involves deceit or

17-40    misrepresentation;

17-41                (3)  perform a real estate inspection in a negligent or

17-42    incompetent manner;

17-43                (4)  act in the dual capacity of inspector and

17-44    undisclosed principal in a transaction;

17-45                (5)  act in the dual capacity of inspector and real

17-46    estate broker or salesperson [salesman] in a transaction;

17-47                (6)  perform or agree to perform any repairs or

17-48    maintenance in connection with a real estate inspection pursuant to

17-49    the provisions of any earnest money contract, lease agreement, or

17-50    exchange of real estate; or

17-51                (7)  violate the rules adopted by the commission or any

17-52    provisions of this section.

17-53          SECTION 30.  Section 24(b), The Real Estate License Act

17-54    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

17-55    as follows:

17-56          (b)  A person may not engage in business as a residential

17-57    rental locator in this state unless the person holds a license

17-58    issued under this Act to operate as a real estate broker or real

17-59    estate salesperson [salesman] and complies with the continuing

17-60    education requirements under Section 7A of this Act.

17-61          SECTION 31.  (a)  This Act takes effect September 1, 1997.

17-62          (b)  The change made by this Act in the title of a person

17-63    licensed to sell real estate does not affect the validity of a

17-64    license issued or an act performed before the effective date of

17-65    this Act.

17-66          (c)  The terms "real estate salesperson" and "real estate

17-67    salesman" have the same meaning and may both be used under The Real

17-68    Estate License Act (Article 6573a, Vernon's Texas Civil Statutes)

17-69    until January 1, 1999.  Not later than January 1, 1999, the Texas

 18-1    Real Estate Commission shall adopt new forms, licenses, rules, and

 18-2    other documents that only use the term "real estate salesperson."

 18-3          SECTION 32.  The importance of this legislation and the

 18-4    crowded condition of the calendars in both houses create an

 18-5    emergency and an imperative public necessity that the

 18-6    constitutional rule requiring bills to be read on three several

 18-7    days in each house be suspended, and this rule is hereby suspended.

 18-8                                 * * * * *