By: Madla S.B. No. 1573
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to disclosure and collection of electric and magnetic
1-2 field information in certain real property transactions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 5, Property Code, is
1-5 amended by adding Section 5.010 to read as follows:
1-6 Sec. 010. INFORMATION CONCERNING ELECTRIC AND MAGNETIC
1-7 FIELDS FROM ELECTRIC POWER TRANSMISSION LINES.
1-8 (a) This section does not apply to a transfer described by
1-9 sections 5.008(e)(1)-(9).
1-10 (b) A seller of an interest in real property that is zoned
1-11 or restricted for single-family dwellings of not more than four
1-12 dwelling units who contracts for the transfer of that interest
1-13 shall include in the contract the following bold-faced notice:
1-14 "INFORMATION CONCERNING ELECTRIC AND MAGNETIC FIELDS FROM
1-15 ELECTRIC POWER TRANSMISSION LINES. Electric and magnetic fields,
1-16 which may or may not affect human health, are produced by electric
1-17 power transmission lines. Before signing this contract, the
1-18 purchaser is advised to determine whether an electric power
1-19 transmission line is near the property.
1-20 If the seller fails to include the notice described in
1-21 Subsection (b) and subsequently furnishes the notice to the
2-1 purchaser before the seventh day before closing, the purchaser may
2-2 terminate the contract, for any reason, not later than the seventh
2-3 day after the date the purchaser receives the notice.
2-4 (d) If the seller fails to include the notice described in
2-5 Subsection (b) and subsequently furnishes the notice to the
2-6 purchaser before closing, but not before the seventh day before
2-7 closing, the purchaser may extend the closing 7 days, without
2-8 penalty, and may terminate the contract, for any reason, no later
2-9 than the seventh day after the date the purchaser receives the
2-10 notice.
2-11 (e) If the seller fails to include the notice described in
2-12 Subsection (b) before closing, the purchaser is entitled to recover
2-13 from the purchaser, in addition to reasonable attorney fees and
2-14 court costs, and amount equal to the greater of $500 or 5 percent
2-15 of the consideration paid for the property.
2-16 SECTION 2. Section 23 (a) and (b), Texas Real Estate License
2-17 Act (Article 6573a, Vernon's Texas Civil Statutes) is amended to
2-18 read as follows:
2-19 Sec. 23. Real estate inspectors. (a) Definitions. In this
2-20 section:
2-21 (1) "Apprentice inspector" means a person who is in
2-22 training under the direct supervision of a professional inspector
2-23 or a real estate inspector to become qualified to perform real
2-24 estate inspections.
2-25 (2) "Committee" means the Texas Real Estate Inspector
3-1 Committee.
3-2 (3) "Core real estate inspection courses" means
3-3 educational courses approved by the commission, including but not
3-4 limited to structural, electrical, mechanical, plumbing, roofing,
3-5 business, legal, standards of practice, report writing, appliances
3-6 or ethics, all of which must relate to a real estate inspection.
3-7 (4) "Direct supervision" means the instruction and
3-8 control by a professional inspector or a real estate inspector
3-9 licensed under this section who is:
3-10 (A) responsible for the actions of an individual
3-11 performing a real estate inspection or preparing a report of a real
3-12 estate inspection;
3-13 (B) available if and when needed to consult with
3-14 or assist an individual performing a real estate inspection or
3-15 preparing a report of a real estate inspection; and
3-16 (C) physically present at the time and place of
3-17 the inspection.
3-18 (5) "Indirect supervision" means the instruction and
3-19 control by a professional inspector licensed under this section who
3-20 is:
3-21 (A) responsible for the actions of an individual
3-22 performing or preparing a real estate inspection; and
3-23 (B) available if and when needed to consult with
3-24 or assist an individual performing a real estate inspection or
3-25 preparing a report of a real estate inspection, but who is not
4-1 required to be physically present at the time and place of the
4-2 inspection.
4-3 (6) "Inspector" means a person who is licensed as an
4-4 apprentice inspector, real estate inspector, or professional
4-5 inspector under this section.
4-6 (7) "License" means an apprentice license, a real
4-7 estate inspector license or a professional inspector license issued
4-8 under this section.
4-9 (8) "Licensee" means a person holding an apprentice
4-10 inspector license, a real estate inspector license or a
4-11 professional inspector license issued under this section.
4-12 (9) "Professional inspector" means a person who
4-13 represents to the public that the person is trained and qualified
4-14 to perform a real estate inspection and who accepts employment for
4-15 the purpose of performing a real estate inspection for a buyer or
4-16 seller of real property.
4-17 (10) "Real estate inspection" means a written or oral
4-18 opinion as to the condition of the improvements to real property,
4-19 including structural items, electrical items, mechanical systems,
4-20 plumbing systems, or equipment and a reading of electric and
4-21 magnetic field emissions.
4-22 (11) "Real estate inspector" means a person who
4-23 represents to the public that the person is trained and qualified
4-24 to perform real estate inspections under the indirect supervision
4-25 of a professional inspector and who accepts employment for the
5-1 purpose of performing a real estate inspection for a buyer or
5-2 seller of real property.
5-3 (b) Texas Real Estate Inspector Committee. (1) The Texas
5-4 Real Estate Inspector Committee is created. In addition to other
5-5 powers and duties delegated to it by the commission, the committee
5-6 shall recommend:
5-7 (A) rules for the licensing of inspectors in
5-8 this state in accordance with this section;
5-9 (B) rules relating to the education and
5-10 experience requirements for licensing as an inspector under this
5-11 section;
5-12 (C) rules relating to the qualifying examination
5-13 required for licensing as an inspector under this section;
5-14 (D) rules establishing a code of professional
5-15 conduct and ethics for an inspector under this section;
5-16 (E) reasonable fees to implement this section,
5-17 including an application fee for licensing, an examination fee, a
5-18 renewal fee for a license, and any other fee required by law;
5-19 (F) rules relating to continuing education
5-20 requirements for a licensed inspector;
5-21 (G) rules relating to the standards of practice
5-22 for a real estate inspection, including a reading of electric and
5-23 magnetic field emissions;
5-24 (H) rules relating to granting or denying an
5-25 application for the licensing of an inspector;
6-1 (I) the form and format for any applications and
6-2 forms required under this section; and
6-3 (J) any other action by the commission as may
6-4 provide a high degree of service and protection to the public when
6-5 dealing with licensed inspectors.
6-6 (2) The committee is composed of nine members
6-7 appointed by the commission. The members of the committee hold
6-8 office for staggered terms of six years, with the terms of three
6-9 members expiring February 1 of each odd-numbered year. Each member
6-10 holds office until the member's successor is appointed.
6-11 Appointments to the committee shall be made without regard to the
6-12 sex, race, color, age, handicap, religion, or national origin of
6-13 the appointees. In the event of a vacancy during a term, the
6-14 commission shall appoint a replacement who meets the qualifications
6-15 for appointment under this subdivision to fill the unexpired part
6-16 of the term. A member of the committee must be a professional
6-17 inspector actively engaged in the practice of real estate
6-18 inspecting at the time of appointment and must have been primarily
6-19 engaged in the practice of real estate inspecting for at least five
6-20 years before the member's appointment. A member of the committee
6-21 may not hold a real estate broker or salesman license. Each member
6-22 of the committee is entitled to a per diem allowance and to
6-23 reimbursement of travel expenses necessarily incurred in performing
6-24 functions as a member of the committee, subject to any applicable
6-25 limitation in the General Appropriations Act. The committee shall
7-1 annually elect from its members a chairman, a vice-chairman, and
7-2 secretary. A quorum of the committee consists of five members.
7-3 (3) The commission may remove a committee member if
7-4 the member:
7-5 (A) does not have at the time of appointment the
7-6 qualifications required by Subdivision (2) of this subsection;
7-7 (B) cannot discharge the member's duties for a
7-8 substantial part of the term for which the member is appointed
7-9 because of illness or disability; or
7-10 (C) is absent from more than half of the
7-11 regularly scheduled committee meetings that the member is eligible
7-12 to attend during each year, unless the absence is excused by the
7-13 committee.
7-14 (4) The validity of an action of the committee is not
7-15 affected by the fact that it was taken when a ground for removal of
7-16 a committee member exists.
7-17 (5) If the administrator of the commission has
7-18 knowledge that a potential ground for removal exists, the
7-19 administrator shall notify the chairman of the commission that a
7-20 potential ground exists.
7-21 (6) The commission shall adopt procedural rules to be
7-22 used by the committee in implementing its powers and duties.
7-23 (7) The committee is subject to the open meetings law,
7-24 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
7-25 (Article 6252-17, Vernon's Texas Civil Statutes), the open records
8-1 law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
8-2 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
8-3 Administrative Procedure and Texas Register Act (Article 6252-13a,
8-4 Vernon's Texas Civil Statutes).
8-5 (8) The committee shall meet semiannually and at the
8-6 call of the commission. The committee may also meet at the call of
8-7 a majority of its members.
8-8 (9) The committee shall act in an advisory capacity to
8-9 develop and recommend to the commission rules under this section.
8-10 The committee shall review commission rules relating to this
8-11 section and recommend changes in the rules to the commission. The
8-12 commission shall submit all proposed rules, all proposed rule
8-13 changes and all requests for proposed rules or rule changes that
8-14 relate to the regulation and licensing of inspectors under this
8-15 section to the committee for development or recommendation. The
8-16 commission may modify the rules developed by the committee if the
8-17 commission finds such modifications are in the public interest.
8-18 This section does not prohibit the commission from developing and
8-19 adopting rules relating to the regulation and licensing of
8-20 inspectors under this section if the committee fails to develop or
8-21 recommend rules under this section within a reasonable period of
8-22 time after the commission submits the proposed rules, rule changes
8-23 or requests for proposed rules or rule changes to the committee.
8-24 If the committee determines that a rule requested by the commission
8-25 should not be developed or recommended for adoption by the
9-1 commission, the committee shall submit a report on the matter to
9-2 the commission. The chairman of the commission and the chairman of
9-3 the committee shall then appoint three members each from their
9-4 respective bodies to meet as an ad hoc committee to consider the
9-5 report and recommend possible action by the commission. The
9-6 chairman of the commission or a member of the commission designated
9-7 by the chairman shall serve as the seventh member of the ad hoc
9-8 committee. At least one member of the ad hoc committee must be a
9-9 public member of the commission.
9-10 SECTION 3. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended,
9-15 and that this Act take effect and be in force from and after its
9-16 passage, and it is so enacted.