By Pickett                                      H.B. No. 1621

      75R5270 GJH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain licensing in the real estate industry.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 7(a) and (e), The Real Estate License

 1-5     Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to

 1-6     read as follows:

 1-7           (a)  Competency as referred to in Section 6 of this Act shall

 1-8     be established by an examination prepared by or contracted for by

 1-9     the commission.  The examination shall be given at such times and

1-10     at such places within the state as the commission shall prescribe.

1-11     The examination shall be of scope sufficient in the judgment of the

1-12     commission to determine that a person is competent to act as a real

1-13     estate broker or salesman in a manner to protect the interest of

1-14     the public.  The examination for a salesman license shall be less

1-15     exacting and less stringent than the examination for a broker

1-16     license.  The commission shall furnish each applicant with study

1-17     material and references on which his examination shall be based.

1-18     When an applicant for a real estate license fails a qualifying

1-19     examination, he may apply for reexamination by filing a request

1-20     therefor together with the proper fee.  The examination requirement

1-21     must be satisfied not later than six months after the date on which

1-22     the application for a license is filed.  Courses of study required

1-23     for a license may include but are not limited to the following,

1-24     which shall  be considered core real estate courses for all

 2-1     purposes of this Act:

 2-2                 (1)  Principles of Real Estate (or equivalent) shall

 2-3     include but not be limited to an overview of licensing as a real

 2-4     estate broker and salesman, ethics of practice, titles to and

 2-5     conveyancing of real estate, legal descriptions, [law of agency,]

 2-6     deeds, encumbrances and liens, distinctions between personal and

 2-7     real property, [contracts,] appraisal, finance and regulations,

 2-8     closing procedures, real estate mathematics, and at least three

 2-9     classroom hours of instruction on federal, state, and local laws

2-10     relating to housing discrimination, housing credit discrimination,

2-11     and community reinvestment.

2-12                 (2)  Real Estate Appraisal (or equivalent) shall

2-13     include but not be limited to the central purposes and functions of

2-14     an appraisal, social and economic determinant of value, appraisal

2-15     case studies, cost, market data and income approaches to value

2-16     estimates, final correlations, and reporting.

2-17                 (3)  Real Estate Law (or equivalent) shall include but

2-18     not be limited to legal concepts of real estate, land description,

2-19     real property rights and estates in land, contracts, conveyances,

2-20     encumbrances, foreclosures, recording procedures, and evidence of

2-21     titles.

2-22                 (4)  Real Estate Finance (or equivalent) shall include

2-23     but not be limited to monetary systems, primary and secondary money

2-24     markets, sources of mortgage loans, federal government programs,

2-25     loan applications, processes and procedures, closing costs,

2-26     alternative financial instruments, equal credit opportunity acts,

2-27     community reinvestment act, and state housing agency.

 3-1                 (5)  Real Estate Marketing (or equivalent) shall

 3-2     include but not be limited to real estate professionalism and

 3-3     ethics, characteristics of successful salesmen, time management,

 3-4     psychology of marketing, listing procedures, advertising,

 3-5     negotiating and closing, financing, and the Deceptive Trade

 3-6     Practices-Consumer Protection Act, as amended, Section 17.01 et

 3-7     seq., Business & Commerce Code.

 3-8                 (6)  Real Estate Mathematics (or equivalent) shall

 3-9     include but not be limited to basic arithmetic skills and review of

3-10     mathematical logic, percentages, interest, time-valued money,

3-11     depreciation, amortization, proration, and estimation of closing

3-12     statements.

3-13                 (7)  Real Estate Brokerage (or equivalent) shall

3-14     include but not be limited to law of agency, planning and

3-15     organization, operational policies and procedures, recruiting,

3-16     selection and training of personnel, records and control, and real

3-17     estate firm analysis and expansion criteria.

3-18                 (8)  Property Management (or equivalent) shall include

3-19     but not be limited to role of property manager, landlord policies,

3-20     operational guidelines, leases, lease negotiations, tenant

3-21     relations, maintenance, reports, habitability laws, and the Fair

3-22     Housing Act.

3-23                 (9)  Real Estate Investments (or equivalent) shall

3-24     include but not be limited to real estate investment

3-25     characteristics, techniques of investment analysis, time-valued

3-26     money, discounted and nondiscounted investment criteria, leverage,

3-27     tax shelters depreciation, and applications to property tax.

 4-1                 (10)  Law of Agency (or equivalent) shall include but

 4-2     not be limited to the principal-agent and master-servant

 4-3     relationships, the authority of an agent, the termination of an

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

 4-5     employment law, deceptive trade practices, listing or buying

 4-6     representation procedures, and the disclosure of agency.

 4-7                 (11)  Contract Law (or equivalent) shall include but

 4-8     not be limited to the elements of a contract, offer and acceptance,

 4-9     the statute of frauds, specific performance, remedies for breach,

4-10     the unauthorized practice of law, commission rules regarding the

4-11     use of adopted forms, and owner disclosure requirements.

4-12           (e)  Each applicant for a salesman license shall furnish the

4-13     commission satisfactory evidence of having completed 12 semester

4-14     hours, or equivalent classroom hours, of postsecondary education,

4-15     six hours of which must be completed in core real estate courses,

4-16     of which a minimum of two hours must be completed in Principles of

4-17     Real Estate as described in Subsection (a)(1) of this section,

4-18     [and] a minimum of one hour [two hours] must be completed in Law of

4-19     Agency as  described in Subsection (a)(10) of this section, and a

4-20     minimum of one hour must be completed in Contract Law as described

4-21     in Subsection (a)(11) of this section.  The remaining six hours

4-22     shall be completed in core real estate courses or related courses.

4-23     As a condition for the first renewal of a salesman license, the

4-24     applicant shall furnish the commission satisfactory evidence of

4-25     having completed a minimum of 14 semester hours, or equivalent

4-26     classroom hours, eight hours of which must be completed in core

4-27     real estate courses.  As a condition for the second renewal of a

 5-1     salesman license, the applicant shall furnish the commission

 5-2     satisfactory evidence of having completed a minimum of 16 semester

 5-3     hours, or equivalent classroom hours, 10 hours of which must be

 5-4     completed in core real estate courses.  As a condition for the

 5-5     third renewal of a salesman license, the applicant shall furnish

 5-6     the commission satisfactory evidence of having completed a minimum

 5-7     of 18 semester hours, or equivalent classroom hours, 12 hours of

 5-8     which must be completed in core real estate courses.

 5-9           SECTION 2.  Section 7A(e), The Real Estate License Act

5-10     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

5-11     as follows:

5-12           (e)  Notwithstanding any other provision of this Act to the

5-13     contrary, the commission may by rule establish procedures under

5-14     which licenses are issued, renewed, or returned to active status

5-15     before the completion of the continuing education required by this

5-16     Act.  These procedures may require an applicant to pay an

5-17     additional fee not to exceed $200 and to complete the required

5-18     continuing education within 60 days after the date on which the

5-19     license is issued, renewed, or returned to active status.  [On or

5-20     before September 25, 1991, the commission shall:]

5-21                 [(1)  identify each real estate broker that:]

5-22                       [(A)  has been licensed under this Act for at

5-23     least 10 years as of September 1, 1991, and holds a license as a

5-24     real estate broker on that date; and]

5-25                       [(B)  on June 1, 1991, has the principal place of

5-26     real estate brokerage business, as designated on the real estate

5-27     broker's license pursuant to Subsection (a) of Section 12 of this

 6-1     Act, located in a county with a population of 225,000 or less,

 6-2     according to the 1980 federal decennial census; and]

 6-3                 [(2)  send a written notice to each real estate broker

 6-4     identified under Subdivision (1) of this subsection stating that

 6-5     the real estate broker may qualify to opt out of the mandatory

 6-6     continuing education requirements required by this Act in

 6-7     accordance with Subsection (f) of this section if the real estate

 6-8     broker has held a broker's license for 10 years or more and holds a

 6-9     broker's license on September 1, 1991.]

6-10           SECTION 3.  The Real Estate License Act (Article 6573a,

6-11     Vernon's Texas Civil Statutes), is amended by adding Section 7B to

6-12     read as follows:

6-13           Sec. 7B.  WAIVER OF LICENSE REQUIREMENTS.  Notwithstanding

6-14     any other provision of this Act to the contrary, the commission by

6-15     rule may provide for a waiver of one or all of the requirements for

6-16     a license under this Act if the applicant was licensed under this

6-17     Act within the five years preceding the date the applicant files an

6-18     application.

6-19           SECTION 4.  Section 11, The Real Estate License Act (Article

6-20     6573a, Vernon's Texas Civil Statutes), is amended to read as

6-21     follows:

6-22           Sec. 11. FEES. [(a)] The commission shall charge and collect

6-23     the following fees:

6-24                 (1)  a fee not to exceed $100 for the filing of an

6-25     original application for a real estate broker license;

6-26                 (2)  a fee not to exceed $100 for annual renewal of a

6-27     real estate broker license;

 7-1                 (3)  a fee not to exceed $50 for the filing of an

 7-2     original application for a real estate salesman license;

 7-3                 (4)  a fee not to exceed $50 for annual renewal of a

 7-4     real estate salesman license;

 7-5                 (5)  a fee not to exceed $50 [$25] for an application

 7-6     for a license examination;

 7-7                 (6)  a fee not to exceed $20 for filing a request for a

 7-8     license for each additional office or place of business;

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

7-10     license for a change of place of business, change of name, return

7-11     to active status, or change of sponsoring broker;

7-12                 (8)  a fee not to exceed $20 for filing a request to

7-13     replace a license lost or destroyed;

7-14                 (9)  a fee not to exceed $400 for filing an application

7-15     for approval of an education program under Section 7(f) of this

7-16     Act;

7-17                 (10)  a fee not to exceed $200 a year for operation of

7-18     an education program under Section 7(f) of this Act;

7-19                 (11)  a fee of $15 for transcript evaluation;

7-20                 (12)  a fee not to exceed $10 for preparing a license

7-21     history;

7-22                 (13)  a fee not to exceed $50 for the filing of an

7-23     application for a moral character determination;

7-24                 (14)  an annual fee of $20 from each real estate broker

7-25     to be transmitted to Texas A&M University for the Texas Real Estate

7-26     Research Center as provided by Section 5(m) of this Act;  and

7-27                 (15)  an annual fee of $17.50 from each real estate

 8-1     salesman to be transmitted to Texas A&M University for the Texas

 8-2     Real Estate Research Center as provided by Section 5(m) of this

 8-3     Act.

 8-4           SECTION 5.  Section 15B(a), The Real Estate License Act

 8-5     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

 8-6     as follows:

 8-7           (a)  Notwithstanding any other provision of the Act, there

 8-8     shall be no undercover or covert investigations conducted by

 8-9     authority of this Act unless expressly authorized by the commission

8-10     after due consideration of the circumstances and determination by

8-11     the commission that such measures are necessary to carry out the

8-12     purposes of this Act. No investigations of licensees or any other

8-13     actions against licensees shall be initiated on the basis of

8-14     anonymous complaints whether in writing or otherwise but shall be

8-15     initiated only upon the commission's own motion or a signed written

8-16     complaint from a consumer or service recipient.  Upon the adoption

8-17     of such motion by the commission or upon receipt of such complaint,

8-18     the licensee shall be notified promptly and in writing unless the

8-19     commission itself, after due consideration, determines otherwise.

8-20     The  commission may authorize an employee to file a signed, written

8-21     complaint  against a licensee and to conduct an investigation when:

8-22                 (1)  a judgment against the licensee has been paid from

8-23     a recovery fund established under this Act;

8-24                 (2)  the licensee has been convicted of a criminal

8-25     offense that may constitute a ground for the suspension or

8-26     revocation of a license; or

8-27                 (3)  the licensee has failed within a reasonable time

 9-1     to make good a check issued to the commission after the commission

 9-2     has mailed a request for payment by certified mail to the

 9-3     licensee's last known business address as reflected by the

 9-4     commission's records.

 9-5           SECTION 6.  Sections 7A(f) and 24(g), The Real Estate License

 9-6     Act (Article 6573a, Vernon's Texas Civil Statutes), are repealed.

 9-7           SECTION 7.  (a) Except as provided by Subsection (b) of this

 9-8     section, this Act takes effect September 1, 1997.

 9-9           (b)  Section 2 takes effect on January 1, 1998.

9-10           SECTION 8.  The importance of this legislation and the

9-11     crowded condition of the calendars in both houses create an

9-12     emergency and an imperative public necessity that the

9-13     constitutional rule requiring bills to be read on three several

9-14     days in each house be suspended, and this rule is hereby suspended.