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.