1-1     By:  Haywood                                           S.B. No. 577

 1-2           (In the Senate - Filed February 12, 1997; February 18, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     April 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; April 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 577                   By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to licensing and registration requirements under The Real

1-11     Estate License Act; providing a penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subdivision (5), Section 2, The Real Estate

1-14     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

1-15     amended to read as follows:

1-16                 (5)  "Person" means an individual or any other entity,

1-17     including but not limited to[,] a governmental body, limited

1-18     liability company, limited liability partnership, partnership, or

1-19     [a] corporation, foreign or domestic.

1-20           SECTION 2.  Section 3, The Real Estate License Act (Article

1-21     6573a, Vernon's Texas Civil Statutes), is amended to read as

1-22     follows:

1-23           Sec. 3.  The provisions of this Act shall not apply to any of

1-24     the following persons and transactions, and each and all of the

1-25     following persons and transactions are hereby exempted from the

1-26     provisions of this Act:

1-27                 (1)  an attorney at law licensed in this state or in

1-28     any other state;

1-29                 (2)  an attorney in fact under a duly executed power of

1-30     attorney authorizing the consummation of a real estate transaction;

1-31                 (3)  a public official in the conduct of his official

1-32     duties;

1-33                 (4)  a person calling the sale of real estate by

1-34     auction under the authority of a license issued by this state

1-35     provided the person does not perform any other act of a real estate

1-36     broker or salesman as defined by this Act;

1-37                 (5)  a person acting under a court order or under the

1-38     authority of a will or a written trust instrument;

1-39                 (6)  a salesperson employed by an owner in the sale of

1-40     structures and land on which said structures are situated, provided

1-41     such structures are erected by the owner in the due course of his

1-42     business;

1-43                 (7)  an on-site manager of an apartment complex;

1-44                 (8)  transactions involving the sale, lease, or

1-45     transfer of any mineral or mining interest in real property;

1-46                 (9)  an owner or his employees in renting or leasing

1-47     his own real estate whether improved or unimproved;

1-48                 (10)  transactions involving the sale, lease, or

1-49     transfer of cemetery lots; [or]

1-50                 (11)  transactions involving the renting, leasing, or

1-51     management of hotels or motels;

1-52                 (12)  a partnership or limited liability partnership

1-53     performing an act constituting an act of a broker or salesman, as

1-54     defined by this Act, through a partner who is duly licensed as a

1-55     real estate broker; or

1-56                 (13)  a person registered under Section 9A of this Act

1-57     who sells, buys, leases, or transfers an easement or right-of-way

1-58     for use in connection with telecommunication, utility, railroad, or

1-59     pipeline service.

1-60           SECTION 3.  Section 4, The Real Estate License Act (Article

1-61     6573a, Vernon's Texas Civil Statutes), is amended to read as

1-62     follows:

1-63           Sec. 4.  A person who, directly or indirectly for another,

1-64     with the intention or on the promise of receiving any valuable

 2-1     consideration, offers, attempts, or agrees to perform, or performs,

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

 2-3     Act, whether as a part of a transaction, or as an entire

 2-4     transaction, is deemed to be acting as a real estate broker or

 2-5     salesman within the meaning of this Act.  The commission of a

 2-6     single such act by a person required to be licensed or registered

 2-7     under this Act and not so licensed or registered shall constitute a

 2-8     violation of this Act.

 2-9           SECTION 4.  Subsection (m), Section 5, The Real Estate

2-10     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

2-11     amended to read as follows:

2-12           (m)  The commission shall charge and collect as a condition

2-13     for issuance and for renewal of a real estate broker license the

2-14     fee under Section 11(a)(14) of this Act.  The commission shall

2-15     charge and collect as a condition for issuance and for renewal of a

2-16     registration under Section 9A of this Act the fee under Section

2-17     11(a)(14) of this Act.  The commission shall charge and collect as

2-18     a condition for issuance and for renewal of a real estate salesman

2-19     license the fee under Section 11(a)(15) of this Act.  The

2-20     commission shall transmit the fees under this subsection quarterly

2-21     to Texas A&M University for deposit in a separate banking account.

2-22     The money in the separate account shall be expended for the support

2-23     and maintenance of the Texas Real Estate Research Center and for

2-24     carrying out the purposes, objectives, and duties of the center.

2-25     However, all money expended from the separate account shall be as

2-26     determined by legislative appropriation.

2-27           SECTION 5.  Section 6, The Real Estate License Act (Article

2-28     6573a, Vernon's Texas Civil Statutes), is amended by adding

2-29     Subsection (d) to read as follows:

2-30           (d)  For an individual to be eligible for a registration or a

2-31     renewal of a registration under Section 9A of this Act, the

2-32     individual must be a citizen of the United States or a lawfully

2-33     admitted alien and be at least 18 years of age.  For a corporation,

2-34     limited liability company, partnership, limited liability

2-35     partnership, or any other entity to be eligible for a registration

2-36     or renewal of a registration under Section 9A of this Act, it must

2-37     designate one of its officers, partners, or managers to act for it.

2-38     The designated person must be an individual registered under

2-39     Section 9A of this Act.

2-40           SECTION 6.  Section 8, The Real Estate License Act (Article

2-41     6573a, Vernon's Texas Civil Statutes), is amended to read as

2-42     follows:

2-43           Sec. 8.  (a)  The commission shall establish a real estate

2-44     recovery fund which shall be set apart and maintained by the

2-45     commission as provided in this section.  The fund shall be used in

2-46     the manner provided in this section for reimbursing aggrieved

2-47     persons who suffer actual damages by reason of certain acts

2-48     committed by a duly licensed real estate broker or salesman, a duly

2-49     registered person under Section 9A of this Act, or by an unlicensed

2-50     employee or agent of a broker or salesman, provided the registrant,

2-51     broker, or salesman was registered or licensed by the State of

2-52     Texas at the time the act was committed and provided recovery is

2-53     ordered by a court of competent jurisdiction against the

2-54     registrant, broker, or salesman.  The use of the fund is limited to

2-55     an act that constitutes a violation of Section 15(a)(3) or (6) of

2-56     this Act if the judgment debtor was at the time of the violation a

2-57     licensed real estate broker, a real estate salesman, or an

2-58     unlicensed agent or employee of the broker.  The use of the fund is

2-59     limited to an act that constitutes a violation of Section 9A(c)(1)

2-60     of this Act if the judgment debtor was at the time of the violation

2-61     registered under Section 9A of this Act.

2-62           (b)  On application for an original license pursuant to this

2-63     Act, the applicant shall pay, in addition to his original license

2-64     application fee, a fee of $10 which shall be deposited in the real

2-65     estate recovery fund.  On application for an original registration

2-66     under Section 9A of this Act and for each renewal of such

2-67     registration, the registrant shall pay, in addition to the

2-68     registrant's original application fee or renewal fee, a fee of $50,

2-69     which shall be deposited in the real estate recovery fund.

 3-1           (c)  If on December 31 of any year the balance remaining in

 3-2     the real estate recovery fund is less than $1 million, each real

 3-3     estate broker and each real estate salesman, on the next renewal of

 3-4     his license, shall pay, in addition to his license renewal fee, a

 3-5     fee of $10, which shall be deposited in the real estate recovery

 3-6     fund, or a pro rata share of the amount necessary to bring the fund

 3-7     to $1.7 million, whichever is less.  If on December 31 of any year

 3-8     the balance remaining in the real estate recovery fund is more than

 3-9     $3.5 million or more than the total amount of claims paid from the

3-10     fund during the previous four fiscal years, whichever is greater,

3-11     the amount of money in excess of the greater amount shall be

3-12     transferred to the general revenue fund.

3-13           (d)  No action for a judgment which subsequently results in

3-14     an order for collection from the real estate recovery fund shall be

3-15     started later than two years from the accrual of the cause of

3-16     action.  When an aggrieved person commences action for a judgment

3-17     which may result in collection from the real estate recovery fund,

3-18     the registrant, real estate broker, or real estate salesman shall

3-19     notify the commission in writing to this effect at the time of the

3-20     commencement of the action.

3-21           (e)  When an aggrieved person recovers a valid judgment in a

3-22     court of competent jurisdiction against a registrant, real estate

3-23     broker, or real estate salesman, on the grounds described in

3-24     Subsection (a) of this section that occurred on or after May 19,

3-25     1975, the aggrieved person may, after final judgment has been

3-26     entered, execution returned nulla bona, and a judgment lien

3-27     perfected, file a verified claim in the court in which the judgment

3-28     was entered and, on 20 days' written notice to the commission, and

3-29     to the judgment debtor, may apply to the court for an order

3-30     directing payment out of the real estate recovery fund of the

3-31     amount unpaid on the judgment, subject to the limitations stated in

3-32     Subsection (n) of this section.

3-33           (f)  The court shall proceed on the application forthwith.

3-34     On the hearing on the application, the aggrieved person is required

3-35     to show that:

3-36                 (1)  the judgment is based on facts allowing recovery

3-37     under Subsection (a) of this section;

3-38                 (2)  he is not a spouse of the debtor, or the personal

3-39     representative of the spouse; and he is not a registrant under

3-40     Section 9A of this Act or a real estate broker or salesman, as

3-41     defined by this Act, who is seeking to recover a real estate

3-42     commission or any compensation in the transaction or transactions

3-43     for which the application for payment is made;

3-44                 (3)  he has obtained a judgment under Subsection (e) of

3-45     this section that is not subject to a stay or discharge in

3-46     bankruptcy, stating the amount of the judgment and the amount owing

3-47     on the judgment at the date of the application;

3-48                 (4)  based on the best available information, the

3-49     judgment debtor lacks sufficient attachable assets in this state or

3-50     any other state to satisfy the judgment; and

3-51                 (5)  the amount that may be realized from the sale of

3-52     real or personal property or other assets liable to be sold or

3-53     applied in satisfaction of the judgment and the balance remaining

3-54     due on the judgment after application of the amount that may be

3-55     realized.

3-56           (g)  A recovery on the judgment against a single defendant

3-57     made before payment from the recovery fund must be applied by the

3-58     creditor first to actual damages.

3-59           (h)  The court shall make an order directed to the commission

3-60     requiring payment from the real estate recovery fund of whatever

3-61     sum it finds to be payable on the claim, pursuant to and in

3-62     accordance with the limitations contained in this section, if the

3-63     court is satisfied, on the hearing, of the truth of all matters

3-64     required to be shown by the aggrieved person by Subsection (f) of

3-65     this section and that the aggrieved person has satisfied all of the

3-66     requirements of Subsections (e) and (f) of this section.  The

3-67     commission may relitigate any issue material and relevant in the

3-68     hearing on the application that was determined in the underlying

3-69     action on which the judgment in favor of the applicant was based.

 4-1     If the court finds that the aggregate amount of claims against a

 4-2     registrant, real estate broker, or salesman exceeds the limitations

 4-3     contained in this section, the court shall reduce proportionately

 4-4     the amount it finds payable on the claim.

 4-5           (i)  A license or registration granted under the provisions

 4-6     of this Act may be revoked by the commission on proof that the

 4-7     commission has made a payment from the real estate recovery fund of

 4-8     any amount toward satisfaction of a judgment against a registrant

 4-9     under Section 9A of this Act or a licensed real estate broker or

4-10     salesman.  The commission may probate an order revoking a license.

4-11     No registrant, broker, or salesman is eligible to receive a new

4-12     registration or license until he has repaid in full, plus interest

4-13     at the current legal rate, the amount paid from the real estate

4-14     recovery fund on his account.

4-15           (j)  The sums received by the real estate commission for

4-16     deposit in the real estate recovery fund shall be held by the

4-17     commission in trust for carrying out the purposes of the real

4-18     estate recovery fund.  These funds may be invested and reinvested

4-19     in the same manner as funds of the Texas State Employees Retirement

4-20     System, and the interest from these investments shall be deposited

4-21     to the credit of the real estate recovery fund, provided, however,

4-22     that no investments shall be made which will impair the necessary

4-23     liquidity required to satisfy judgment payments awarded pursuant to

4-24     this section.

4-25           (k)  When the real estate commission receives notice of entry

4-26     of a final judgment and a hearing is scheduled under Subsection (h)

4-27     of this section, the commission may notify the Attorney General of

4-28     Texas of its desire to enter an appearance, file a response, appear

4-29     at the court hearing, defend the action, or take whatever other

4-30     action it deems appropriate.  In taking such action the real estate

4-31     commission and the attorney general shall act only to protect the

4-32     fund from spurious or unjust claims or to insure compliance with

4-33     the requirements for recovery under this section.

4-34           (l)  When, on the order of the court, the commission has paid

4-35     from the real estate recovery fund any sum to the judgment

4-36     creditor, the commission shall be subrogated to all of the rights

4-37     of the judgment creditor to the extent of the amount paid.  The

4-38     judgment creditor shall assign all his right, title, and interest

4-39     in the judgment up to the amount paid by the commission which

4-40     amount shall have priority for repayment in the event of any

4-41     subsequent recovery on the judgment.  Any amount and interest

4-42     recovered by the commission on the judgment shall be deposited to

4-43     the fund.

4-44           (m)  The failure of an aggrieved person to comply with the

4-45     provisions of this section relating to the real estate recovery

4-46     fund shall constitute a waiver of any rights under this section.

4-47           (n)  Notwithstanding any other provision, payments from the

4-48     real estate recovery fund are subject to the following conditions

4-49     and limitations:

4-50                 (1)  payments may be made only pursuant to an order of

4-51     a court of competent jurisdiction, as provided in Subsection (e) of

4-52     this section, and in the manner prescribed by this section;

4-53                 (2)  payments for claims, including attorneys' fees,

4-54     interest, and court costs, arising out of the same transaction

4-55     shall be limited in the aggregate to $50,000 regardless of the

4-56     number of claimants; and

4-57                 (3)  payments for claims based on judgments against any

4-58     one licensed real estate broker, licensed real estate [or]

4-59     salesman, or registrant under Section 9A of this Act may not exceed

4-60     in the aggregate $100,000 until the fund has been reimbursed by the

4-61     licensee or registrant for all amounts paid.

4-62           (o)  Nothing contained in this section shall limit the

4-63     authority of the commission to take disciplinary action against a

4-64     registrant or licensee for a violation of this Act or the rules and

4-65     regulations of the commission; nor shall the repayment in full of

4-66     all obligations to the real estate recovery fund by a registrant or

4-67     licensee nullify or modify the effect of any other disciplinary

4-68     proceeding brought pursuant to this Act.

4-69           (p)  Any person receiving payment out of the real estate

 5-1     recovery fund pursuant to Section 8 of this Act shall be entitled

 5-2     to receive reasonable attorney fees as determined by the court,

 5-3     subject to the limitations stated in Subsection (n) of this

 5-4     section.

 5-5           (q)  A registrant, broker, or salesman registered or licensed

 5-6     under this Act shall notify consumers and service recipients of the

 5-7     availability of the real estate recovery fund established under

 5-8     this section for reimbursing certain aggrieved persons.  The notice

 5-9     must include the name, mailing address, and telephone number of the

5-10     commission and any other information required by commission rule.

5-11     The notification may be provided with the notice required by

5-12     Section 5(q) of this Act or:

5-13                 (1)  on a written contract for the services of a

5-14     registrant, broker, or salesman;

5-15                 (2)  on a brochure distributed by a registrant, broker,

5-16     or salesman;

5-17                 (3)  on a sign prominently displayed in the place of

5-18     business of a registrant, salesman, or broker; or

5-19                 (4)  in a bill or receipt for service provided by a

5-20     registrant, broker, or salesman.

5-21           SECTION 7.  Section 9, The Real Estate License Act (Article

5-22     6573a, Vernon's Texas Civil Statutes), is amended to read as

5-23     follows:

5-24           Sec. 9.  (a)  When an applicant has satisfactorily met all

5-25     requirements and conditions of this Act, a license or certificate

5-26     of registration shall be issued which may remain in force and

5-27     effect so long as the holder of the certificate of registration or

5-28     license remains in compliance with the obligations of this Act,

5-29     which include payment of the renewal fee as provided in Section 11

5-30     of this Act.  Each active salesman license issued shall be

5-31     delivered or mailed to the broker with whom the salesman is

5-32     associated and shall be kept under his custody and control.

5-33           (b)  An applicant is not permitted to engage in the real

5-34     estate business either as a broker or salesman until a license

5-35     evidencing his authority to engage in the real estate business has

5-36     been received.  A person may not engage in the business of selling,

5-37     buying, leasing, or transferring an easement or right-of-way for

5-38     another for compensation until the person is licensed or registered

5-39     under this Act.

5-40           (c)  The commission by rule may adopt a system under which

5-41     licenses and registrations expire on various dates during the year.

5-42     Dates for payment of the renewal fee shall be adjusted accordingly.

5-43     For the year in which the renewal date is changed, renewal fees

5-44     payable shall be prorated on a monthly basis so each licensee or

5-45     registrant shall pay only that portion of the fee which is

5-46     allocable to the number of months during which the license or

5-47     registration is valid.  On renewal of the license or registration

5-48     on the new renewal date, the total renewal fee is payable.

5-49           (d)  Any other provision of this Act notwithstanding, the

5-50     commission may issue licenses and registrations valid for a period

5-51     not to exceed 24 months and may charge and collect renewal fees for

5-52     such period; provided, however, that such renewal fees shall not,

5-53     calculated on an annual basis, exceed the amounts established in

5-54     Section 11 of this Act, and further provided that the educational

5-55     conditions for renewal established in Subsection (e)  of Section 7

5-56     of this Act shall not be waived by the commission.

5-57           (e)  The commission shall require, in any application for a

5-58     broker or salesman license or a renewal of a broker or salesman

5-59     license, the applicant to disclose whether the applicant has

5-60     entered a plea of guilty or nolo contendere to, been found guilty

5-61     of, or been convicted of a felony and the time for appeal has

5-62     elapsed or the judgment or conviction has been affirmed on appeal,

5-63     irrespective of an order granting probation following the

5-64     conviction or suspending the imposition of sentence.

5-65           SECTION 8.  The Real Estate License Act (Article 6573a,

5-66     Vernon's Texas Civil Statutes) is amended by adding Section 9A to

5-67     read as follows:

5-68           Sec. 9A.  (a)  A person may not sell, buy, lease, or transfer

5-69     an easement or right-of-way for another for compensation for use in

 6-1     connection with telecommunication, utility, railroad, or pipeline

 6-2     service unless the person is:

 6-3                 (1)  licensed as a real estate broker or real estate

 6-4     salesman under this Act;

 6-5                 (2)  exempt from this Act for the purpose of selling,

 6-6     buying, leasing, or transferring an easement or right-of-way; or

 6-7                 (3)  registered with the commission under this section.

 6-8           (b)  The commission shall maintain a registry of persons who

 6-9     are required to register under this section.

6-10           (c)  The commission shall investigate a signed complaint

6-11     received by the commission that relates to the acts of a person

6-12     registered under this section.  The commission may refuse to issue

6-13     or renew and may revoke or suspend the registration of a registrant

6-14     under this section who:

6-15                 (1)  engaged in dishonest dealings, fraud, deceptive

6-16     acts, misrepresentations, bad faith, unlawful discrimination, or

6-17     untrustworthiness;

6-18                 (2)  failed within a reasonable time to make good a

6-19     check to the commission after the commission has mailed a request

6-20     for payment to the registrant's last known address as reflected in

6-21     the commission records;

6-22                 (3)  failed to provide to a party in a transaction a

6-23     written notice promulgated by the commission that is to be given

6-24     before the party is obligated to sell, buy, lease, or transfer a

6-25     right-of-way or easement and that contains the name of the

6-26     registrant, the certificate number of the registrant, the name of

6-27     the person the registrant represents, a statement advising the

6-28     party that the party may seek representation from a lawyer or real

6-29     estate broker in the transaction, and a statement generally

6-30     advising the party that the right-of-way or easement may affect the

6-31     value of the property; or

6-32                 (4)  disregarded or violated a provision of this Act or

6-33     a rule of the commission relating to registrants under this

6-34     section.

6-35           (d)  The commission may adopt rules to administer and enforce

6-36     this section.

6-37           SECTION 9.  Subsection (a), Section 10, The Real Estate

6-38     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

6-39     amended to read as follows:

6-40           (a)  If the commission declines or fails to register or

6-41     license an applicant, it shall immediately give written notice of

6-42     the refusal to the applicant.  Before the applicant may appeal to a

6-43     district court as provided in Section 18 of this Act, he must file

6-44     within 10 days after the receipt of the notice an appeal from the

6-45     ruling, requesting a time and place for a hearing before the

6-46     commission.  The commission shall set a time and place for the

6-47     hearing within 30 days from the receipt of the appeal, giving 10

6-48     days' notice of the hearing to the applicant.  The time of the

6-49     hearing may be continued from time to time with the consent of the

6-50     applicant.  Following the hearing, the commission shall enter an

6-51     order which is, in its opinion, appropriate in the matter

6-52     concerned.

6-53           SECTION 10.  Section 11, The Real Estate License Act (Article

6-54     6573a, Vernon's Texas Civil Statutes), is amended to read as

6-55     follows:

6-56           Sec. 11.  (a)  The commission shall charge and collect the

6-57     following fees:

6-58                 (1)  a fee not to exceed $100 for the filing of an

6-59     original application for a real estate broker license;

6-60                 (2)  a fee not to exceed $100 for annual renewal of a

6-61     real estate broker license;

6-62                 (3)  a fee not to exceed $50 for the filing of an

6-63     original application for a real estate salesman license;

6-64                 (4)  a fee not to exceed $50 for annual renewal of a

6-65     real estate salesman license;

6-66                 (5)  a fee not to exceed $25 for an application for a

6-67     license examination;

6-68                 (6)  a fee not to exceed $20 for filing a request for a

6-69     license for each additional office or place of business;

 7-1                 (7)  a fee not to exceed $20 for filing a request for a

 7-2     license or certificate of registration for a change of place of

 7-3     business, change of name, return to active status, or change of

 7-4     sponsoring broker;

 7-5                 (8)  a fee not to exceed $20 for filing a request to

 7-6     replace a license or certificate of registration lost or destroyed;

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

 7-8     for approval of an education program under Section 7(f) of this

 7-9     Act;

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

7-11     an education program under Section 7(f) of this Act;

7-12                 (11)  a fee of $15 for transcript evaluation;

7-13                 (12)  a fee not to exceed $10 for preparing a license

7-14     or registration history;

7-15                 (13)  a fee not to exceed $50 for the filing of an

7-16     application for a moral character determination;

7-17                 (14)  an annual fee of $20 from each real estate broker

7-18     and each registrant under Section 9A of this Act to be transmitted

7-19     to Texas A&M University for the Texas Real Estate Research Center

7-20     as provided by Section 5(m) of this Act; [and]

7-21                 (15)  an annual fee of $17.50 from each real estate

7-22     salesman to be transmitted to Texas A&M University for the Texas

7-23     Real Estate Research Center as provided by Section 5(m) of this

7-24     Act;

7-25                 (16)  an annual fee of $80 from each registrant under

7-26     Section 9A of this Act; and

7-27                 (17)  any fee authorized under Section 8 of this Act

7-28     for the real estate recovery fund.

7-29           SECTION 11.  Section 12, The Real Estate License Act (Article

7-30     6573a, Vernon's Texas Civil Statutes), is amended by adding

7-31     Subsection (e) to read as follows:

7-32           (e)  The certificate of registration of a registrant under

7-33     Section 9A of this Act shall at all times be prominently displayed

7-34     in the registrant's place of business.  Within 10 days after a move

7-35     from a previously designated address, the registrant shall notify

7-36     the commission of the move and obtain a new certificate of

7-37     registration reflecting the new location.

7-38           SECTION 12.  Subsections (a) and (b), Section 16, The Real

7-39     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),

7-40     are amended to read as follows:

7-41           (a)  A license or registration granted under the provisions

7-42     of this Act shall be suspended or revoked by the commission on

7-43     proof that the licensee or registrant, not being licensed and

7-44     authorized to practice law in this state, for a consideration,

7-45     reward, pecuniary benefit, present or anticipated, direct or

7-46     indirect, or in connection with or as a part of his employment,

7-47     agency, or fiduciary relationship as a licensee, drew a deed, note,

7-48     deed of trust, will, or other written instrument that may transfer

7-49     or anywise affect the title to or an interest in land, except as

7-50     provided in the subsections below, or advised or counseled a person

7-51     as to the validity or legal sufficiency of an instrument or as to

7-52     the validity of title to real estate.

7-53           (b)  Notwithstanding the provisions of this Act or any other

7-54     law, the completion of contract forms which bind the sale,

7-55     exchange, option, lease, or rental of any interest in real property

7-56     by a registrant under Section 9A of this Act, a real estate broker,

7-57     or a real estate salesman incident to the performance of the acts

7-58     of a broker as defined by this Act [article] does not constitute

7-59     the unauthorized or illegal practice of law in this state, provided

7-60     the forms have been promulgated for use by the commission for the

7-61     particular kind of transaction involved, or the forms have been

7-62     prepared by an attorney at law licensed by this state and approved

7-63     by said attorney for the particular kind of transaction involved,

7-64     or the forms have been prepared by the property owner or prepared

7-65     by an attorney and required by the property owner.

7-66           SECTION 13.  Subsection (a), Section 19, The Real Estate

7-67     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

7-68     amended to read as follows:

7-69           (a)  A person acting as a real estate broker or real estate

 8-1     salesman without first obtaining a license or a person acting as an

 8-2     agent in a transaction involving the sale, purchase, lease, or

 8-3     transfer of a right-of-way or easement without first obtaining a

 8-4     certificate of registration under Section 9A of this Act is guilty

 8-5     of a misdemeanor and on conviction shall be punishable by a fine of

 8-6     not less than $100 nor more than $500, or by imprisonment in the

 8-7     county jail for a term not to exceed one year, or both; and if a

 8-8     corporation or a limited liability company, shall be punishable by

 8-9     a fine of not less than $1,000 nor more than $2,000.  A person, on

8-10     conviction of a second or subsequent offense, shall be punishable

8-11     by a fine of not less than $500 nor more than $1,000, or by

8-12     imprisonment for a term not to exceed two years, or both; and if a

8-13     corporation or a limited liability company, shall be punishable by

8-14     a fine of not less than $2,000 nor more than $5,000.

8-15           SECTION 14.  This Act takes effect January 1, 1998.

8-16           SECTION 15.  Transactions included within the provisions of

8-17     Section 9A, The Real Estate License Act (Article 6573a, Vernon's

8-18     Texas Civil Statutes), as added by this Act, shall be governed by

8-19     this Act from and after its effective date.  Transactions executed

8-20     prior to that date are validated in all respects with regard to

8-21     compliance with the licensing provisions of Section 1, The Real

8-22     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes).

8-23           SECTION 16.  The importance of this legislation and the

8-24     crowded condition of the calendars in both houses create an

8-25     emergency and an imperative public necessity that the

8-26     constitutional rule requiring bills to be read on three several

8-27     days in each house be suspended, and this rule is hereby suspended.

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