AN ACT

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

 1-2     and inspectors.

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

 1-4           SECTION 1.  Subdivision (5), Section 2, The Real Estate

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

 1-6     amended to read as follows:

 1-7                 (5)  "Person" means an individual or any other entity

 1-8     including a government or governmental subdivision or agency, a

 1-9     limited liability company, a limited liability partnership, a

1-10     partnership, or a corporation, foreign or domestic.

1-11           SECTION 2.  Section 3, The Real Estate License Act (Article

1-12     6573a, Vernon's Texas Civil Statutes), is amended to read as

1-13     follows:

1-14           Sec. 3.  EXEMPTIONS.  The provisions of this Act shall not

1-15     apply to any of the following persons and transactions, and each

1-16     and all of the following persons and transactions are hereby

1-17     exempted from the provisions of this Act:

1-18                 (1)  an attorney at law licensed in this state or in

1-19     any other state;

1-20                 (2)  an attorney in fact under a duly executed power of

1-21     attorney authorizing the consummation of a real estate transaction;

1-22                 (3)  a public official in the conduct of his official

1-23     duties;

 2-1                 (4)  a person calling the sale of real estate by

 2-2     auction under the authority of a license issued by this state

 2-3     provided the person does not perform any other act of a real estate

 2-4     broker or salesman as defined by this Act;

 2-5                 (5)  a person acting under a court order or under the

 2-6     authority of a will or a written trust instrument;

 2-7                 (6)  a salesperson employed by an owner in the sale of

 2-8     structures and land on which said structures are situated, provided

 2-9     such structures are erected by the owner in the due course of his

2-10     business;

2-11                 (7)  an on-site manager of an apartment complex;

2-12                 (8)  transactions involving the sale, lease, or

2-13     transfer of any mineral or mining interest in real property;

2-14                 (9)  an owner or his employees in renting or leasing

2-15     his own real estate whether improved or unimproved;

2-16                 (10)  transactions involving the sale, lease, or

2-17     transfer of cemetery lots; [or]

2-18                 (11)  transactions involving the renting, leasing, or

2-19     management of hotels or motels; or

2-20                 (12)  a partnership or limited liability partnership

2-21     acting as a broker or real estate salesman through a partner who is

2-22     a licensed real estate broker.

2-23           SECTION 3.  Subsections (a), (c), and (e), Section 7, The

2-24     Real Estate License Act (Article 6573a, Vernon's Texas Civil

2-25     Statutes), are amended to read as follows:

 3-1           (a)  Competency as referred to in Section 6 of this Act shall

 3-2     be established by an examination prepared by or contracted for by

 3-3     the commission.  The examination shall be given at such times and

 3-4     at such places within the state as the commission shall prescribe.

 3-5     The examination shall be of scope sufficient in the judgment of the

 3-6     commission to determine that a person is competent to act as a real

 3-7     estate broker or salesman in a manner to protect the interest of

 3-8     the public.  The examination for a salesman license shall be less

 3-9     exacting and less stringent than the examination for a broker

3-10     license.  The commission shall furnish each applicant with study

3-11     material and references on which his examination shall be based.

3-12     When an applicant for a real estate license fails a qualifying

3-13     examination, he may apply for reexamination by filing a request

3-14     therefor together with the proper fee.  The examination requirement

3-15     must be satisfied not later than six months after the date on which

3-16     the application for a license is filed.  Courses of study required

3-17     for a license may include but are not limited to the following,

3-18     which shall be considered core real estate courses for all purposes

3-19     of this Act:

3-20                 (1)  Principles of Real Estate (or equivalent) shall

3-21     include but not be limited to an overview of licensing as a real

3-22     estate broker and salesman, ethics of practice, titles to and

3-23     conveyancing of real estate, legal descriptions, [law of agency,]

3-24     deeds, encumbrances and liens, distinctions between personal and

3-25     real property, [contracts,] appraisal, finance and regulations,

 4-1     closing procedures, real estate mathematics, and at least three

 4-2     classroom hours of instruction on federal, state, and local laws

 4-3     relating to housing discrimination, housing credit discrimination,

 4-4     and community reinvestment.

 4-5                 (2)  Real Estate Appraisal (or equivalent) shall

 4-6     include but not be limited to the central purposes and functions of

 4-7     an appraisal, social and economic determinant of value, appraisal

 4-8     case studies, cost, market data and income approaches to value

 4-9     estimates, final correlations, and reporting.

4-10                 (3)  Real Estate Law (or equivalent) shall include but

4-11     not be limited to legal concepts of real estate, land description,

4-12     real property rights and estates in land, contracts, conveyances,

4-13     encumbrances, foreclosures, recording procedures, and evidence of

4-14     titles.

4-15                 (4)  Real Estate Finance (or equivalent) shall include

4-16     but not be limited to monetary systems, primary and secondary money

4-17     markets, sources of mortgage loans, federal government programs,

4-18     loan applications, processes and procedures, closing costs,

4-19     alternative financial instruments, equal credit opportunity acts,

4-20     community reinvestment act, and state housing agency.

4-21                 (5)  Real Estate Marketing (or equivalent) shall

4-22     include but not be limited to real estate professionalism and

4-23     ethics, characteristics of successful salesmen, time management,

4-24     psychology of marketing, listing procedures, advertising,

4-25     negotiating and closing, financing, and the Deceptive Trade

 5-1     Practices-Consumer Protection Act, as amended, Section 17.01 et

 5-2     seq., Business & Commerce Code.

 5-3                 (6)  Real Estate Mathematics (or equivalent) shall

 5-4     include but not be limited to basic arithmetic skills and review of

 5-5     mathematical logic, percentages, interest, time-valued money,

 5-6     depreciation, amortization, proration, and estimation of closing

 5-7     statements.

 5-8                 (7)  Real Estate Brokerage (or equivalent) shall

 5-9     include but not be limited to law of agency, planning and

5-10     organization, operational policies and procedures, recruiting,

5-11     selection and training of personnel, records and control, and real

5-12     estate firm analysis and expansion criteria.

5-13                 (8)  Property Management (or equivalent) shall include

5-14     but not be limited to role of property manager, landlord policies,

5-15     operational guidelines, leases, lease negotiations, tenant

5-16     relations, maintenance, reports, habitability laws, and the Fair

5-17     Housing Act.

5-18                 (9)  Real Estate Investments (or equivalent) shall

5-19     include but not be limited to real estate investment

5-20     characteristics, techniques of investment analysis, time-valued

5-21     money, discounted and nondiscounted investment criteria, leverage,

5-22     tax shelters depreciation, and applications to property tax.

5-23                 (10)  Law of Agency (or equivalent) shall include but

5-24     not be limited to the principal-agent and master-servant

5-25     relationships, the authority of an agent, the termination of an

 6-1     agent's authority, the fiduciary and other duties of an agent,

 6-2     employment law, deceptive trade practices, listing or buying

 6-3     representation procedures, and the disclosure of agency.

 6-4                 (11)  Law of Contracts (or equivalent) shall include

 6-5     the elements of a contract, offer and acceptance, the statute of

 6-6     frauds, specific performance and remedies for breach, unauthorized

 6-7     practice of law, commission rules relating to use of adopted forms,

 6-8     and owner disclosure requirements.

 6-9           (c)  The commission shall waive the examination of an

6-10     applicant for a broker license who has, within one year previous to

6-11     the filing of his application, been licensed in this state as a

6-12     broker, and shall waive the examination of an applicant for a

6-13     salesman license who has, within one year previous to the filing of

6-14     his application, been licensed in this state as either a broker or

6-15     salesman.  The commission by rule may provide for the waiver of

6-16     some or all of the requirements for a license under this Act for an

6-17     applicant who was licensed under this Act within the six years

6-18     preceding the date of filing the application.

6-19           (e)  Each applicant for a salesman license shall furnish the

6-20     commission satisfactory evidence of having completed 12 semester

6-21     hours, or equivalent classroom hours, of postsecondary education,

6-22     six hours of which must be completed in core real estate courses,

6-23     of which a minimum of two hours must be completed in Principles of

6-24     Real Estate as described in Subsection (a)(1) of this section,

6-25     [and] a minimum of two hours must be completed in Law of Agency as

 7-1     described in Subsection (a)(10) of this section, and a minimum of

 7-2     two hours must be completed in Law of Contracts as described in

 7-3     Subsection (a)(11) of this section.  The remaining six hours shall

 7-4     be completed in core real estate courses or related courses.  As a

 7-5     condition for the first renewal of a salesman license, the

 7-6     applicant shall furnish the commission satisfactory evidence of

 7-7     having completed a minimum of 14 semester hours, or equivalent

 7-8     classroom hours, eight hours of which must be completed in core

 7-9     real estate courses.  As a condition for the second renewal of a

7-10     salesman license, the applicant shall furnish the commission

7-11     satisfactory evidence of having completed a minimum of 16 semester

7-12     hours, or equivalent classroom hours, 10 hours of which must be

7-13     completed in core real estate courses.  As a condition for the

7-14     third renewal of a salesman license, the applicant shall furnish

7-15     the commission satisfactory evidence of having completed a minimum

7-16     of 18 semester hours, or equivalent classroom hours, 12 hours of

7-17     which must be completed in core real estate courses.

7-18           SECTION 4.  Section 7A, The Real Estate License Act (Article

7-19     6573a, Vernon's Texas Civil Statutes), is amended by amending

7-20     Subsection (a) and adding Subsection (g) to read as follows:

7-21           (a)  To renew an active real estate broker license or an

7-22     active real estate salesman license that is not subject to the

7-23     annual education requirements of this Act, the licensee must

7-24     provide the commission proof of attendance at at least 15 classroom

7-25     hours of continuing education courses approved by the commission

 8-1     during the term of the current license.  The commission by rule may

 8-2     provide for the substitution of relevant educational experience or

 8-3     correspondence courses approved by the commission instead of

 8-4     classroom attendance.  In addition, supervised video instruction

 8-5     may be approved by the commission as a course counting as classroom

 8-6     hours of mandatory continuing education.  At least six hours of

 8-7     instruction must be devoted to the rules of the commission, fair

 8-8     housing laws, landlord-tenant law and other Property Code issues,

 8-9     agency laws, antitrust laws, the Deceptive Trade Practices-Consumer

8-10     Protection Act (Subchapter E, Chapter 17, Business & Commerce

8-11     Code), disclosures to buyers, landlords, tenants, and sellers,

8-12     current contract and addendum forms, the unauthorized practice of

8-13     law, case studies involving violations of laws and regulations,

8-14     current Federal Housing Administration and Department of Veterans

8-15     Affairs regulations, tax laws, property tax consulting laws and

8-16     legal issues, or other legal topics approved by the commission.

8-17     The remaining hours may be devoted to other real estate-related

8-18     topics approved by the commission.  The commission may consider

8-19     equivalent courses for continuing education credit.  Property tax

8-20     consulting laws and legal issues include but are not limited to the

8-21     Tax Code, preparation of property tax reports, the unauthorized

8-22     practice of law, agency laws, tax laws, laws concerning property

8-23     taxes or assessments, deceptive trade practices, contract forms and

8-24     addendum, and other legal topics approved by the commission.  Real

8-25     estate related courses approved by the State Bar of Texas for

 9-1     minimum continuing legal education participatory credit and core

 9-2     real estate courses under Section 7(a) of this Act shall

 9-3     automatically be approved as mandatory continuing education courses

 9-4     under this Act.  The commission may not require examinations except

 9-5     for correspondence courses or courses offered by alternative

 9-6     delivery systems such as computers.  Daily classroom course

 9-7     segments must be at least one hour [three hours] long but not more

 9-8     than 10 hours long.

 9-9           (g)  The commission may adopt rules that establish procedures

9-10     under which a license may be issued, renewed, or returned to active

9-11     status before the applicant completes the continuing education

9-12     requirements of this section.  The commission may prescribe an

9-13     additional fee, not to exceed $200, for the issuance, renewal, or

9-14     return to active status of a license before the applicant completes

9-15     the continuing education requirements of this section and may

9-16     require the applicant to complete the required continuing education

9-17     not later than the 60th day after the date the license is issued,

9-18     renewed, or returned to active status.

9-19           SECTION 5.  Subsection (a), Section 11, The Real Estate

9-20     License Act (Article 6573a, Vernon's Texas Civil Statutes), is

9-21     amended to read as follows:

9-22           (a)  The commission shall charge and collect the following

9-23     fees:

9-24                 (1)  a fee not to exceed $100 for the filing of an

9-25     original application for a real estate broker license;

 10-1                (2)  a fee not to exceed $100 for annual renewal of a

 10-2    real estate broker license;

 10-3                (3)  a fee not to exceed $50 for the filing of an

 10-4    original application for a real estate salesman license;

 10-5                (4)  a fee not to exceed $50 for annual renewal of a

 10-6    real estate salesman license;

 10-7                (5)  a fee not to exceed $50 [$25] for an application

 10-8    for a license examination;

 10-9                (6)  a fee not to exceed $20 for filing a request for a

10-10    license for each additional office or place of business;

10-11                (7)  a fee not to exceed $20 for filing a request for a

10-12    license for a change of place of business, change of name, return

10-13    to active status, or change of sponsoring broker;

10-14                (8)  a fee not to exceed $20 for filing a request to

10-15    replace a license lost or destroyed;

10-16                (9)  a fee not to exceed $400 for filing an application

10-17    for approval of an education program under Section 7(f) of this

10-18    Act;

10-19                (10)  a fee not to exceed $200 a year for operation of

10-20    an education program under Section 7(f) of this Act;

10-21                (11)  a fee of $15 for transcript evaluation;

10-22                (12)  a fee not to exceed $10 for preparing a license

10-23    history;

10-24                (13)  a fee not to exceed $50 for the filing of an

10-25    application for a moral character determination;

 11-1                (14)  an annual fee of $20 from each real estate broker

 11-2    to be transmitted to Texas A&M University for the Texas Real Estate

 11-3    Research Center as provided by Section 5(m) of this Act; and

 11-4                (15)  an annual fee of $17.50 from each real estate

 11-5    salesman to be transmitted to Texas A&M University for the Texas

 11-6    Real Estate Research Center as provided by Section 5(m) of this

 11-7    Act.

 11-8          SECTION 6.  Section 15B, The Real Estate License Act (Article

 11-9    6573a, Vernon's Texas Civil Statutes), is amended by amending

11-10    Subsection (a) and adding Subsection (e) to read as follows:

11-11          (a)  Notwithstanding any other provision of the Act, there

11-12    shall be no undercover or covert investigations conducted by

11-13    authority of this Act unless expressly authorized by the commission

11-14    after due consideration of the circumstances and determination by

11-15    the commission that such measures are necessary to carry out the

11-16    purposes of this Act.  No investigations of licensees or any other

11-17    actions against licensees shall be initiated on the basis of

11-18    anonymous complaints whether in writing or otherwise but shall be

11-19    initiated only upon the commission's own motion or a signed written

11-20    complaint from a person [consumer or service recipient].  Upon the

11-21    adoption of such motion by the commission or upon receipt of such

11-22    complaint, the licensee shall be notified promptly and in writing

11-23    unless the commission itself, after due consideration, determines

11-24    otherwise.

11-25          (e)  The commission may authorize a commission employee to

 12-1    file a signed written complaint against a licensee and to conduct

 12-2    an investigation if:

 12-3                (1)  a judgment against the licensee has been paid from

 12-4    a recovery fund established under this Act;

 12-5                (2)  the licensee is convicted of a criminal offense

 12-6    that may constitute grounds for the suspension or revocation of the

 12-7    licensee's license; or

 12-8                (3)  the licensee fails to make good a check issued to

 12-9    the commission.

12-10          SECTION 7.  Section 20, The Real Estate License Act (Article

12-11    6573a, Vernon's Texas Civil Statutes), is amended by adding

12-12    Subsection (d) to read as follows:

12-13          (d)  This section does not apply to an agreement to share

12-14    compensation between persons licensed under this Act.  This section

12-15    does not limit a cause of action between brokers for interference

12-16    with business relationships.

12-17          SECTION 8.  Subdivision (2), Subsection (b), Section 23, The

12-18    Real Estate License Act (Article 6573a, Vernon's Texas Civil

12-19    Statutes), is amended to read as follows:

12-20                (2)  The committee is composed of nine members

12-21    appointed by the commission.  The members of the committee hold

12-22    office for staggered terms of six years, with the terms of three

12-23    members expiring February 1 of each odd-numbered year.  Each member

12-24    holds office until the member's successor is appointed.

12-25    Appointments to the committee shall be made without regard to the

 13-1    sex, race, color, age, handicap, religion, or national origin of

 13-2    the appointees.  In the event of a vacancy during a term, the

 13-3    commission shall appoint a replacement who meets the qualifications

 13-4    for appointment under this subdivision to fill the unexpired part

 13-5    of the term.  A member of the committee must be a professional

 13-6    inspector actively engaged in the practice of real estate

 13-7    inspecting at the time of appointment and must have been primarily

 13-8    engaged in the practice of real estate inspecting for at least five

 13-9    years before the member's appointment.  No more than three members

13-10    [A member] of the committee may [not] hold a real estate broker [or

13-11    salesman] license.  Each member of the committee is entitled to a

13-12    per diem allowance and to reimbursement of travel expenses

13-13    necessarily incurred in performing functions as a member of the

13-14    committee, subject to any applicable limitation in the General

13-15    Appropriations Act.  The committee shall annually elect from its

13-16    members a chairman, a vice-chairman, and secretary.  A quorum of

13-17    the committee consists of five members.

13-18          SECTION 9.  Subsection (d), Section 23, The Real Estate

13-19    License Act (Article 6573a, Vernon's Texas Civil Statutes), is

13-20    amended by amending Subdivision (4) and adding Subdivision (6) to

13-21    read as follows:

13-22                (4)  The commission by rule shall [may] provide for the

13-23    substitution of relevant experience or additional education in lieu

13-24    of the number of real estate inspections required by this section

13-25    and in lieu of the requirement that the applicant be licensed as an

 14-1    apprentice inspector or a real estate inspector before issuance of

 14-2    a license as a real estate inspector or professional inspector.

 14-3    The rules adopted by the commission under this subdivision may not

 14-4    require an applicant to complete more than 60 additional classroom

 14-5    hours of core real estate inspection courses.

 14-6                (6)  Before a licensed professional inspector may

 14-7    sponsor an apprentice inspector or a real estate inspector, the

 14-8    professional inspector must provide sufficient proof to the

 14-9    commission that the professional inspector has completed not less

14-10    than 200 real estate inspections while licensed as a professional

14-11    inspector under this Act.

14-12          SECTION 10.  Section 23, The Real Estate License Act (Article

14-13    6573a, Vernon's Texas Civil Statutes), is amended by adding

14-14    Subsection (r) to read as follows:

14-15          (r)  The commission by rule shall prescribe standard forms

14-16    and adopt rules that require inspectors to use the forms to reduce

14-17    discrepancies and create consistency in preparing reports of real

14-18    estate inspections.

14-19          SECTION 11.  Subsection (g), Section 24, The Real Estate

14-20    License Act (Article 6573a, Vernon's Texas Civil Statutes), is

14-21    repealed.

14-22          SECTION 12.  (a)  Except as provided by Subsection (b) of

14-23    this section, this Act takes effect September 1, 1997.

14-24          (b)  The change in law made by this Act to Subsection (e),

14-25    Section 7, The Real Estate License Act (Article 6573a, Vernon's

 15-1    Texas Civil Statutes), takes effect January 1, 1998.

 15-2          (c)  The Texas Real Estate Commission shall adopt rules

 15-3    prescribing standard real estate inspection forms required by

 15-4    Subsection (r), Section 23, The Real Estate License Act (Article

 15-5    6573a, Vernon's Texas Civil Statutes), as added by this Act, not

 15-6    later than October 1, 1997.

 15-7          SECTION 13.  The importance of this legislation and the

 15-8    crowded condition of the calendars in both houses create an

 15-9    emergency and an imperative public necessity that the

15-10    constitutional rule requiring bills to be read on three several

15-11    days in each house be suspended, and this rule is hereby suspended.

                                                               S.B. No. 1100

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1100 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0;

         May 30, 1997, Senate refused to concur in House amendments and

         requested appointment of Conference Committee; May 30, 1997, House

         granted request of the Senate; June 1, 1997, Senate adopted

         Conference Committee Report by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1100 passed the House, with

         amendments, on May 28, 1997, by a non-record vote; May 30, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; June 1, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor