By:  Wentworth                                        S.B. No. 1100

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of real estate brokers, real estate

 1-2     salesmen, and inspectors.

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

 1-4           SECTION 1.  Subsection (a), Section 7, The Real Estate

 1-5     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

 1-6     amended to 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,

 2-1     which shall be considered core real estate courses for all purposes

 2-2     of this Act:

 2-3                 (1)  Principles of Real Estate (or equivalent) shall

 2-4     include but not be limited to an overview of licensing as a real

 2-5     estate broker and salesman, ethics of practice, titles to and

 2-6     conveyancing of real estate, legal descriptions, [law of agency,]

 2-7     deeds, encumbrances and liens, distinctions between personal and

 2-8     real property, [contracts,] appraisal, finance and regulations,

 2-9     closing procedures, real estate mathematics, and at least three

2-10     classroom hours of instruction on federal, state, and local laws

2-11     relating to housing discrimination, housing credit discrimination,

2-12     and community reinvestment.

2-13                 (2)  Real Estate Appraisal (or equivalent) shall

2-14     include but not be limited to the central purposes and functions of

2-15     an appraisal, social and economic determinant of value, appraisal

2-16     case studies, cost, market data and income approaches to value

2-17     estimates, final correlations, and reporting.

2-18                 (3)  Real Estate Law (or equivalent) shall include but

2-19     not be limited to legal concepts of real estate, land description,

2-20     real property rights and estates in land, contracts, conveyances,

2-21     encumbrances, foreclosures, recording procedures, and evidence of

2-22     titles.

2-23                 (4)  Real Estate Finance (or equivalent) shall include

2-24     but not be limited to monetary systems, primary and secondary money

2-25     markets, sources of mortgage loans, federal government programs,

 3-1     loan applications, processes and procedures, closing costs,

 3-2     alternative financial instruments, equal credit opportunity acts,

 3-3     community reinvestment act, and state housing agency.

 3-4                 (5)  Real Estate Marketing (or equivalent) shall

 3-5     include but not be limited to real estate professionalism and

 3-6     ethics, characteristics of successful salesmen, time management,

 3-7     psychology of marketing, listing procedures, advertising,

 3-8     negotiating and closing, financing, and the Deceptive Trade

 3-9     Practices-Consumer Protection Act, as amended, Section 17.01 et

3-10     seq., Business & Commerce Code.

3-11                 (6)  Real Estate Mathematics (or equivalent) shall

3-12     include but not be limited to basic arithmetic skills and review of

3-13     mathematical logic, percentages, interest, time-valued money,

3-14     depreciation, amortization, proration, and estimation of closing

3-15     statements.

3-16                 (7)  Real Estate Brokerage (or equivalent) shall

3-17     include but not be limited to law of agency, planning and

3-18     organization, operational policies and procedures, recruiting,

3-19     selection and training of personnel, records and control, and real

3-20     estate firm analysis and expansion criteria.

3-21                 (8)  Property Management (or equivalent) shall include

3-22     but not be limited to role of property manager, landlord policies,

3-23     operational guidelines, leases, lease negotiations, tenant

3-24     relations, maintenance, reports, habitability laws, and the Fair

3-25     Housing Act.

 4-1                 (9)  Real Estate Investments (or equivalent) shall

 4-2     include but not be limited to real estate investment

 4-3     characteristics, techniques of investment analysis, time-valued

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

 4-5     tax shelters depreciation, and applications to property tax.

 4-6                 (10)  Law of Agency (or equivalent) shall include but

 4-7     not be limited to the principal-agent and master-servant

 4-8     relationships, the authority of an agent, the termination of an

 4-9     agent's authority, the fiduciary and other duties of an agent,

4-10     employment law, deceptive trade practices, listing or buying

4-11     representation procedures, and the disclosure of agency.

4-12                 (11)  Law of Contracts (or equivalent) shall include

4-13     but not be limited to the elements of a contract, offer and

4-14     acceptance, statute of frauds, specific performance and remedies

4-15     for breach, unauthorized practice of law, commission rules relating

4-16     to use of promulgated forms, and owner disclosure requirements.

4-17           SECTION 2.  Subsection (c), Section 7, The Real Estate

4-18     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

4-19     amended to read as follows:

4-20           (c)  The commission by rule may provide for a waiver of some

4-21     or all of the requirements for a license under this Act,

4-22     notwithstanding any other provision of this Act, if the applicant

4-23     was previously licensed in this state within the five-year period

4-24     prior to the filing of the application.  The commission shall waive

4-25     the examination of an applicant for a broker license who has,

 5-1     within one year previous to the filing of his application, been

 5-2     licensed in this state as a broker, and shall waive the examination

 5-3     of an applicant for a salesman license who has, within one year

 5-4     previous to the filing of his application, been licensed in this

 5-5     state as either a broker or salesman.

 5-6           SECTION 3.  Subsection (e), Section 7, The Real Estate

 5-7     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

 5-8     amended to read as follows:

 5-9           (e)  Each applicant for a salesman license shall furnish the

5-10     commission satisfactory evidence of having completed 12 semester

5-11     hours, or equivalent classroom hours, of postsecondary education,

5-12     six hours of which must be completed in core real estate courses,

5-13     of which a minimum of two hours must be completed in Principles of

5-14     Real Estate as described in Subsection (a)(1) of this section,

5-15     [and] a minimum of two hours must be completed in Law of Agency as

5-16     described in Subsection (a)(10) of this section, and a minimum of

5-17     two hours must be completed in Law of Contracts as described in

5-18     Subsection a(11) of this section.  The remaining six hours shall be

5-19     completed in core real estate courses or related courses.  As a

5-20     condition for the first renewal of a salesman license, the

5-21     applicant shall furnish the commission satisfactory evidence of

5-22     having completed a minimum of 14 semester hours, or equivalent

5-23     classroom hours, eight hours of which must be completed in core

5-24     real estate courses.  As a condition for the second renewal of a

5-25     salesman license, the applicant shall furnish the commission

 6-1     satisfactory evidence of having completed a minimum of 16 semester

 6-2     hours, or equivalent classroom hours, 10 hours of which must be

 6-3     completed in core real estate courses.  As a condition for the

 6-4     third renewal of a salesman license, the applicant shall furnish

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

 6-6     of 18 semester hours, or equivalent classroom hours, 12 hours of

 6-7     which must be completed in core real estate courses.

 6-8           SECTION 4.  Subsection (d), Section 7A, The Real Estate

 6-9     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

6-10     amended to read as follows:

6-11           (d)  The commission may adopt rules and set and collect

6-12     reasonable fees to implement this section, including a fee not to

6-13     exceed $400 for an application for approval of a provider of

6-14     continuing education and a fee not to exceed $100 for an

6-15     application for a course of study to be offered for continuing

6-16     education.  If the commission determines that an applicant

6-17     satisfies the requirements of this section and any rules adopted by

6-18     the commission under this section, the commission may authorize a

6-19     provider to offer continuing education for a period of two years or

6-20     authorize the offering of a course of study for a period of two

6-21     years.  The commission may by rule establish procedures under which

6-22     licenses are issued or renewed, or licensees are returned to active

6-23     status, prior to the completion of the continuing education

6-24     required by this section.  The commission may require a licensee to

6-25     pay an additional fee not to exceed $200 and to complete the

 7-1     required continuing education within 60 days after the license was

 7-2     issued or renewed or the licensee was returned to active status.

 7-3           SECTION 5.  Subsection (a), Section 11, The Real Estate

 7-4     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

 7-5     amended to read as follows:

 7-6           (a)  The commission shall charge and collect the following

 7-7     fees:

 7-8                 (1)  a fee not to exceed $100 for the filing of an

 7-9     original application for a real estate broker license;

7-10                 (2)  a fee not to exceed $100 for annual renewal of a

7-11     real estate broker license;

7-12                 (3)  a fee not to exceed $50 for the filing of an

7-13     original application for a real estate salesman license;

7-14                 (4)  a fee not to exceed $50 for annual renewal of a

7-15     real estate salesman license;

7-16                 (5)  a fee not to exceed $50 [$25] for an application

7-17     for a license examination;

7-18                 (6)  a fee not to exceed $20 for filing a request for a

7-19     license for each additional office or place of business;

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

7-21     license for a change of place of business, change of name, return

7-22     to active status, or change of sponsoring broker;

7-23                 (8)  a fee not to exceed $20 for filing a request to

7-24     replace a license lost or destroyed;

7-25                 (9)  a fee not to exceed $400 for filing an application

 8-1     for approval of an education program under Section 7(f) of this

 8-2     Act;

 8-3                 (10)  a fee not to exceed $200 a year for operation of

 8-4     an education program under Section 7(f) of this Act;

 8-5                 (11)  a fee of $15 for transcript evaluation;

 8-6                 (12)  a fee not to exceed $10 for preparing a license

 8-7     history;

 8-8                 (13)  a fee not to exceed $50 for the filing of an

 8-9     application for a moral character determination;

8-10                 (14)  an annual fee of $20 from each real estate broker

8-11     to be transmitted to Texas A&M University for the Texas Real Estate

8-12     Research Center as provided by Section 5(m) of this Act; and

8-13                 (15)  an annual fee of $17.50 from each real estate

8-14     salesman to be transmitted to Texas A&M University for the Texas

8-15     Real Estate Research Center as provided by Section 5(m) of this

8-16     Act.

8-17           SECTION 6.  Subsection (a), Section 15B, The Real Estate

8-18     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

8-19     amended to read as follows:

8-20           (a)  Notwithstanding any other provision of the Act, there

8-21     shall be no undercover or covert investigations conducted by

8-22     authority of this Act unless expressly authorized by the commission

8-23     after due consideration of the circumstances and determination by

8-24     the commission that such measures are necessary to carry out the

8-25     purposes of this Act.  No investigations of licensees or any other

 9-1     actions against licensees shall be initiated on the basis of

 9-2     anonymous complaints whether in writing or otherwise but shall be

 9-3     initiated only upon the commission's own motion or a signed written

 9-4     complaint from a consumer or service recipient.  Upon the adoption

 9-5     of such motion by the commission or upon receipt of such complaint,

 9-6     the licensee shall be notified promptly and in writing unless the

 9-7     commission itself, after due consideration, determines otherwise.

 9-8     The commission may authorize its employees to file signed written

 9-9     complaints against a licensee and to conduct an investigation when:

9-10                 (1)  a judgment against the licensee has been paid from

9-11     a recovery fund established under this Act;

9-12                 (2)  the licensee has been convicted of a criminal

9-13     offense which may constitute grounds for the suspension or

9-14     revocation of a license; or

9-15                 (3)  the licensee has failed to make good a check

9-16     issued to the commission.

9-17           SECTION 7.  Subdivision (4), Subsection (d), Section 23, The

9-18     Real Estate License Act (Article 6573a, Vernon's Texas Civil

9-19     Statutes), is amended to read as follows:

9-20                 (4)  The commission by rule shall [may] provide for the

9-21     substitution of relevant experience or additional education in lieu

9-22     of the number of real estate inspections and prior licensing as an

9-23     apprentice inspector or real estate inspector required by this

9-24     section.  The rule adopted by the commission may not require an

9-25     applicant to complete more than 60 additional classroom hours of

 10-1    core real estate inspection courses.  Before a person licensed as a

 10-2    professional inspector under the rule may sponsor an apprentice

 10-3    inspector or a real estate inspector, the person must provide

 10-4    certification acceptable to the commission that the person has

 10-5    completed at least 200 real estate inspections while licensed under

 10-6    this section.

 10-7          SECTION 8.  Subsection (g), Section 24, The Real Estate

 10-8    License Act (Article 6573a, Vernon's Texas Civil Statutes), is

 10-9    repealed.

10-10          SECTION 9.  (a)  Except as provided by Subsection (b) of this

10-11    section, this Act takes effect September 1, 1997.

10-12          (b)  Section 3 of this Act takes effect January 1, 1998.

10-13          SECTION 10.  The importance of this legislation and the

10-14    crowded condition of the calendars in both houses create an

10-15    emergency and an imperative public necessity that the

10-16    constitutional rule requiring bills to be read on three several

10-17    days in each house be suspended, and this rule is hereby suspended.