By Haywood S.B. No. 577
75R5520 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain exemptions from regulation under the Real
1-3 Estate License Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, The Real Estate License Act (Article
1-6 6573a, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 Sec. 3. EXEMPTIONS. The provisions of this Act shall not
1-9 apply to any of the following persons and transactions, and each
1-10 and all of the following persons and transactions are hereby
1-11 exempted from the provisions of this Act:
1-12 (1) an attorney at law licensed in this state or in
1-13 any other state;
1-14 (2) an attorney in fact under a duly executed power of
1-15 attorney authorizing the consummation of a real estate transaction;
1-16 (3) a public official in the conduct of his official
1-17 duties;
1-18 (4) a person calling the sale of real estate by
1-19 auction under the authority of a license issued by this state
1-20 provided the person does not perform any other act of a real estate
1-21 broker or salesman as defined by this Act;
1-22 (5) a person acting under a court order or under the
1-23 authority of a will or a written trust instrument;
1-24 (6) a salesperson employed by an owner in the sale of
2-1 structures and land on which said structures are situated, provided
2-2 such structures are erected by the owner in the due course of his
2-3 business;
2-4 (7) an on-site manager of an apartment complex;
2-5 (8) transactions involving the sale, lease, or
2-6 transfer of any mineral or mining interest in real property;
2-7 (9) an owner or his employees in renting or leasing
2-8 his own real estate whether improved or 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; or
2-13 (12) transactions involving the sale, lease, or
2-14 transfer of easements or rights-of-way for use in connection with
2-15 telecommunication, utility, or pipeline service.
2-16 SECTION 2. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.