By Staples H.B. No. 1948
76R5134 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the sale and inspection of real
1-3 estate.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(a), The Real Estate License Act
1-6 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 (a) A person desiring to act as a real estate broker in this
1-9 state shall file an application for a license with the commission
1-10 on a form prescribed by the commission. A broker desiring to
1-11 engage a person to participate in real estate brokerage activity
1-12 may [shall] join the person in filing an application for an active
1-13 [a] salesperson license on a form prescribed by the commission. [A
1-14 person previously licensed as a broker may apply for inactive
1-15 status.] A person [previously licensed as a salesperson] may apply
1-16 for a salesperson license on inactive status without the
1-17 participation of a broker. [The person must apply for inactive
1-18 status on a form prescribed by the commission not later than the
1-19 first anniversary of the date of the expiration of the broker or
1-20 salesperson license.]
1-21 SECTION 2. Sections 7(b) and (e), The Real Estate License
1-22 Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
1-23 read as follows:
1-24 (b) The commission by rule may:
2-1 (1) prescribe the content of core real estate courses
2-2 listed in Subsection (a) of this section; and
2-3 (2) establish the title and content of additional core
2-4 real estate courses.
2-5 (e) Each applicant for a salesperson license shall furnish
2-6 the commission satisfactory evidence of having completed 12
2-7 semester hours, or equivalent classroom hours, of postsecondary
2-8 education, eight [six] hours of which must be completed in core
2-9 real estate courses, of which a minimum of two hours must be
2-10 completed in Principles of Real Estate as described in Subsection
2-11 (a)(1) of this section, a minimum of two hours must be completed in
2-12 Law of Agency as described in Subsection (a)(10) of this section,
2-13 and a minimum of two hours must be completed in Law of Contracts as
2-14 described in Subsection (a)(11) of this section. The remaining
2-15 four [six] hours must [shall] be completed in core real estate
2-16 courses or related courses. As a condition for the first renewal
2-17 of a salesperson license, the applicant shall furnish the
2-18 commission satisfactory evidence of having completed a minimum of
2-19 14 semester hours, or equivalent classroom hours, 10 [eight] hours
2-20 of which must be completed in core real estate courses. As a
2-21 condition for the second renewal of a salesperson license, the
2-22 applicant shall furnish the commission satisfactory evidence of
2-23 having completed a minimum of 16 semester hours, or equivalent
2-24 classroom hours, 12 [10] hours of which must be completed in core
2-25 real estate courses. As a condition for the third renewal of a
2-26 salesperson license, the applicant shall furnish the commission
2-27 satisfactory evidence of having completed a minimum of 18 semester
3-1 hours, or equivalent classroom hours, 14 [12] hours of which must
3-2 be completed in core real estate courses.
3-3 SECTION 3. Sections 8(c) and (f), The Real Estate License
3-4 Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
3-5 read as follows:
3-6 (c) On determination by the commission at any time that [If
3-7 on December 31 of any year] the balance remaining in the real
3-8 estate recovery fund is less than $1 million, each real estate
3-9 broker and each real estate salesperson, on the next renewal of the
3-10 license, shall pay, in addition to the license renewal fee, a fee
3-11 of $10, which shall be deposited in the real estate recovery fund,
3-12 or a pro rata share of the amount necessary to bring the fund to
3-13 $1.7 million, whichever is less. If on December 31 of any year the
3-14 balance remaining in the real estate recovery fund is more than
3-15 $3.5 million or more than the total amount of claims paid from the
3-16 fund during the previous four fiscal years, whichever is greater,
3-17 the amount of money in excess of the greater amount shall be
3-18 transferred to the general revenue fund. To ensure the
3-19 availability of a sufficient amount of money to pay anticipated
3-20 claims on the fund, the commission by rule may provide for the
3-21 collection of assessments at different times and under conditions
3-22 other than those specified in this Act.
3-23 (f) The court shall proceed on the application forthwith.
3-24 On the hearing on the application, the aggrieved person is required
3-25 to show that:
3-26 (1) the judgment is based on facts allowing recovery
3-27 under Subsection (a) of this section;
4-1 (2) the person is not a spouse of the debtor, or the
4-2 personal representative of the spouse; and the person is not a
4-3 registrant under Section 9A of this Act or a real estate broker or
4-4 salesperson, as defined by this Act, who is seeking to recover a
4-5 real estate commission or any compensation in the transaction or
4-6 transactions for which the application for payment is made;
4-7 (3) [the person has obtained a judgment under
4-8 Subsection (e) of this section that is not subject to a stay or
4-9 discharge in bankruptcy, stating the amount of the judgment and the
4-10 amount owing on the judgment at the date of the application;]
4-11 [(4)] based on the best available information, the
4-12 judgment debtor lacks sufficient attachable assets in this state or
4-13 any other state to satisfy the judgment; and
4-14 (4) [(5)] the amount that may be realized from the
4-15 sale of real or personal property or other assets liable to be sold
4-16 or applied in satisfaction of the judgment and the balance
4-17 remaining due on the judgment after application of the amount that
4-18 may be realized.
4-19 SECTION 4. Section 11, The Real Estate License Act (Article
4-20 6573a, Vernon's Texas Civil Statutes), is amended to read as
4-21 follows:
4-22 Sec. 11. The commission shall charge and collect the
4-23 following fees:
4-24 (1) a fee not to exceed $100 for the filing of an
4-25 original application for a real estate broker license;
4-26 (2) a fee not to exceed $100 for annual renewal of a
4-27 real estate broker license;
5-1 (3) a fee not to exceed $50 for the filing of an
5-2 original application for a real estate salesperson license;
5-3 (4) a fee not to exceed $50 for annual renewal of a
5-4 real estate salesperson license;
5-5 (5) a fee not to exceed $50 for an application for a
5-6 license examination;
5-7 (6) a fee not to exceed $20 for filing a request for a
5-8 license for each additional office or place of business;
5-9 (7) a fee not to exceed $20 for filing a request for a
5-10 license or certificate of registration for a change of place of
5-11 business, change of name, return to active status, or change of
5-12 sponsoring broker;
5-13 (8) a fee not to exceed $20 for filing a request to
5-14 replace a license or certificate of registration lost or destroyed;
5-15 (9) a fee not to exceed $400 for filing an application
5-16 for approval of an education program under Section 7(f) of this
5-17 Act;
5-18 (10) a fee not to exceed $200 a year for operation of
5-19 an education program under Section 7(f) of this Act;
5-20 (11) a fee of $20 [$15] for transcript evaluation;
5-21 (12) a fee not to exceed $10 for preparing a license
5-22 or registration history;
5-23 (13) a fee not to exceed $50 for the filing of an
5-24 application for a moral character determination;
5-25 (14) an annual fee of $20 from each real estate broker
5-26 and each registrant under Section 9A of this Act to be transmitted
5-27 to Texas A&M University for the Texas Real Estate Research Center
6-1 as provided by Section 5(m) of this Act;
6-2 (15) an annual fee of $17.50 from each real estate
6-3 salesperson to be transmitted to Texas A&M University for the Texas
6-4 Real Estate Research Center as provided by Section 5(m) of this
6-5 Act;
6-6 (16) an annual fee of $80 from each registrant under
6-7 Section 9A of this Act; and
6-8 (17) any fee authorized under Section 8 of this Act
6-9 for the real estate recovery fund.
6-10 SECTION 5. Section 15(a), The Real Estate License Act
6-11 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
6-12 as follows:
6-13 (a) The commission may, on its own motion, and shall, on the
6-14 signed complaint in writing of any person [a consumer or service
6-15 recipient], provided the complaint, or the complaint together with
6-16 evidence, documentary or otherwise, presented in connection with
6-17 the complaint, provides reasonable cause, investigate the actions
6-18 and records of a real estate broker or real estate salesperson.
6-19 The commission may suspend or revoke a license issued under the
6-20 provisions of this Act or take other disciplinary action authorized
6-21 by this Act at any time when it has been determined that:
6-22 (1) the licensee has entered a plea of guilty or nolo
6-23 contendere to, or been found guilty of, or been convicted of, a
6-24 felony, in which fraud is an essential element, and the time for
6-25 appeal has elapsed or the judgment or conviction has been affirmed
6-26 on appeal, irrespective of an order granting probation following
6-27 such conviction, suspending the imposition of sentence;
7-1 (2) the licensee has procured, or attempted to
7-2 procure, a real estate license, for the licensee or a salesperson,
7-3 by fraud, misrepresentation or deceit, or by making a material
7-4 misstatement of fact in an application for a real estate license;
7-5 (3) the licensee, when selling, buying, trading, or
7-6 renting real property in the licensee's own name, engaged in
7-7 misrepresentation or dishonest or fraudulent action;
7-8 (4) the licensee has failed within a reasonable time
7-9 to make good a check issued to the commission after the commission
7-10 has mailed a request for payment by certified mail to the
7-11 licensee's last known business address as reflected by the
7-12 commission's records;
7-13 (5) the licensee has disregarded or violated a
7-14 provision of this Act;
7-15 (6) the licensee, while performing an act constituting
7-16 an act of a broker or salesperson, as defined by this Act, has been
7-17 guilty of:
7-18 (A) making a material misrepresentation, or
7-19 failing to disclose to a potential purchaser any latent structural
7-20 defect or any other defect known to the broker or salesperson.
7-21 Latent structural defects and other defects do not refer to trivial
7-22 or insignificant defects but refer to those defects that would be a
7-23 significant factor to a reasonable and prudent purchaser in making
7-24 a decision to purchase;
7-25 (B) making a false promise of a character likely
7-26 to influence, persuade, or induce any person to enter into a
7-27 contract or agreement when the licensee could not or did not intend
8-1 to keep such promise;
8-2 (C) pursuing a continued and flagrant course of
8-3 misrepresentation or making of false promises through agents,
8-4 salespersons, advertising, or otherwise;
8-5 (D) failing to make clear, to all parties to a
8-6 transaction, which party the licensee is acting for, or receiving
8-7 compensation from more than one party except with the full
8-8 knowledge and consent of all parties;
8-9 (E) failing within a reasonable time properly to
8-10 account for or remit money coming into the licensee's possession
8-11 which belongs to others, or commingling money belonging to others
8-12 with the licensee's own funds;
8-13 (F) paying a commission or fees to or dividing a
8-14 commission or fees with anyone not licensed as a real estate broker
8-15 or salesperson in this state or in any other state for compensation
8-16 for services as a real estate agent;
8-17 (G) failing to specify a definite termination
8-18 date that is not subject to prior notice in a contract, other than
8-19 a contract to perform property management services, in which the
8-20 licensee agrees to perform services for which a license is required
8-21 under this Act;
8-22 (H) accepting, receiving, or charging an
8-23 undisclosed commission, rebate, or direct profit on expenditures
8-24 made for a principal;
8-25 (I) soliciting, selling, or offering for sale
8-26 real property under a scheme or program that constitutes a lottery
8-27 or deceptive practice;
9-1 (J) acting in the dual capacity of broker and
9-2 undisclosed principal in a transaction;
9-3 (K) guaranteeing, authorizing, or permitting a
9-4 person to guarantee that future profits will result from a resale
9-5 of real property;
9-6 (L) placing a sign on real property offering it
9-7 for sale, lease, or rent without the written consent of the owner
9-8 or the owner's authorized agent;
9-9 (M) inducing or attempting to induce a party to
9-10 a contract of sale or lease to break the contract for the purpose
9-11 of substituting in lieu thereof a new contract;
9-12 (N) negotiating or attempting to negotiate the
9-13 sale, exchange, lease, or rental of real property with an owner,
9-14 lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or
9-15 tenant had a written outstanding contract, granting exclusive
9-16 agency in connection with the transaction to another real estate
9-17 broker;
9-18 (O) offering real property for sale or for lease
9-19 without the knowledge and consent of the owner or the owner's
9-20 authorized agent, or on terms other than those authorized by the
9-21 owner or the owner's authorized agent;
9-22 (P) publishing, or causing to be published, an
9-23 advertisement including, but not limited to, advertising by
9-24 newspaper, radio, television, the Internet, or display which is
9-25 misleading, or which is likely to deceive the public, or which in
9-26 any manner tends to create a misleading impression, or which fails
9-27 to identify the person causing the advertisement to be published as
10-1 a licensed real estate broker or agent;
10-2 (Q) having knowingly withheld from or inserted
10-3 in a statement of account or invoice, a statement that made it
10-4 inaccurate in a material particular;
10-5 (R) publishing or circulating an unjustified or
10-6 unwarranted threat of legal proceedings, or other action;
10-7 (S) establishing an association, by employment
10-8 or otherwise, with an unlicensed person who is expected or required
10-9 to act as a real estate licensee, or aiding or abetting or
10-10 conspiring with a person to circumvent the requirements of this
10-11 Act;
10-12 (T) failing or refusing on demand to furnish
10-13 copies of a document pertaining to a transaction dealing with real
10-14 estate to a person whose signature is affixed to the document;
10-15 (U) failing to advise a purchaser in writing
10-16 before the closing of a transaction that the purchaser should
10-17 either have the abstract covering the real estate which is the
10-18 subject of the contract examined by an attorney of the purchaser's
10-19 own selection, or be furnished with or obtain a policy of title
10-20 insurance;
10-21 (V) conduct which constitutes dishonest
10-22 dealings, bad faith, or untrustworthiness;
10-23 (W) acting negligently or incompetently in
10-24 performing an act for which a person is required to hold a real
10-25 estate license;
10-26 (X) disregarding or violating a provision of
10-27 this Act;
11-1 (Y) failing within a reasonable time to deposit
11-2 money received as escrow agent in a real estate transaction, either
11-3 in trust with a title company authorized to do business in this
11-4 state, or in a custodial, trust, or escrow account maintained for
11-5 that purpose in a banking institution authorized to do business in
11-6 this state;
11-7 (Z) disbursing money deposited in a custodial,
11-8 trust, or escrow account, as provided in Subsection (Y) before the
11-9 transaction concerned has been consummated or finally otherwise
11-10 terminated; or
11-11 (AA) discriminating against an owner, potential
11-12 purchaser, lessor, or potential lessee on the basis of race, color,
11-13 religion, sex, national origin, or ancestry, including directing
11-14 prospective home buyers or lessees interested in equivalent
11-15 properties to different areas according to the race, color,
11-16 religion, sex, national origin, or ancestry of the potential owner
11-17 or lessee;
11-18 (7) the licensee has failed or refused on demand to
11-19 produce a document, book, or record in the licensee's possession
11-20 concerning a real estate transaction conducted by the licensee for
11-21 inspection by the commission or its authorized personnel or
11-22 representative;
11-23 (8) the licensee has failed within a reasonable time
11-24 to provide information requested by the commission as a result of a
11-25 formal or informal complaint to the commission which would indicate
11-26 a violation of this Act; or
11-27 (9) the licensee has failed without just cause to
12-1 surrender to the rightful owner, on demand, a document or
12-2 instrument coming into the licensee's possession.
12-3 SECTION 6. Section 15B(e), The Real Estate License Act
12-4 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
12-5 as follows:
12-6 (e) The commission may authorize a commission employee to
12-7 file a signed written complaint against a licensee and to conduct
12-8 an investigation if:
12-9 (1) a judgment against the licensee has been paid from
12-10 a recovery fund established under this Act;
12-11 (2) the licensee is convicted of a criminal offense
12-12 that may constitute grounds for the suspension or revocation of the
12-13 licensee's license; [or]
12-14 (3) the licensee fails to make good a check issued to
12-15 the commission;
12-16 (4) the licensee fails to comply with a commission
12-17 rule adopted under Section 7A(g) of this Act; or
12-18 (5) the licensee fails to provide, within a reasonable
12-19 time, information requested by the commission in connection with an
12-20 application to renew a license.
12-21 SECTION 7. Sections 19A(a), (b), (d), (h), (m), and (o), The
12-22 Real Estate License Act (Article 6573a, Vernon's Texas Civil
12-23 Statutes), are amended to read as follows:
12-24 (a) If a person [licensed under this Act] violates this Act
12-25 or a rule or order adopted by the commission under this Act, the
12-26 commission may assess an administrative penalty against the person
12-27 as provided by this section.
13-1 (b) The penalty for each violation shall be set in an amount
13-2 not to exceed $1,000 a day. Each day a violation continues or
13-3 occurs may be considered a separate violation for purposes of
13-4 penalty assessment.
13-5 (d) If, after investigation of a possible violation and the
13-6 facts surrounding that possible violation, the administrator
13-7 determines that a violation has occurred, the administrator may
13-8 issue a violation report stating the facts on which the conclusion
13-9 that a violation occurred is based, recommending that an
13-10 administrative penalty under this section be imposed on the person
13-11 charged, and recommending the amount of that proposed penalty. The
13-12 administrator shall base the recommended amount of the proposed
13-13 penalty on the seriousness of the violation determined by the
13-14 consideration of the factors set forth in Subsection (c) of this
13-15 section. The commission may authorize the administrator to
13-16 delegate to another commission employee the administrator's
13-17 authority to act under this section.
13-18 (h) If the person charged requests a hearing or fails to
13-19 timely respond to the notice, the administrator shall set a hearing
13-20 and give notice of the hearing. The hearing shall be held by a
13-21 hearing examiner designated by the administrator. The hearing
13-22 examiner shall make findings of fact and conclusions of law and
13-23 promptly issue to the commission a proposal for decision as to the
13-24 occurrence of the violation, including a recommendation as to the
13-25 amount of the proposed penalty if a penalty is warranted. Based on
13-26 the findings of fact, conclusions of law, and recommendations of
13-27 the hearing examiner, the commission by order may find a violation
14-1 has occurred and may assess a penalty or may find that no violation
14-2 has occurred. All proceedings under this subsection are subject to
14-3 Chapter 2001, Government Code [the Administrative Procedure and
14-4 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
14-5 Statutes)]. The commission may authorize the hearing examiner to
14-6 conduct the hearing and enter a final decision.
14-7 (m) Judicial review of the order or decision of the
14-8 commission assessing the penalty shall be under the substantial
14-9 evidence rule and shall be instituted by filing a petition with a
14-10 district court in Travis County, as provided by Chapter 2001,
14-11 Government Code [Section 19, Administrative Procedure and Texas
14-12 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
14-13 (o) A penalty collected under this section for a violation
14-14 by a person licensed as a real estate broker or salesperson shall
14-15 be deposited in the real estate recovery fund. A penalty collected
14-16 under this section for a violation by a person licensed or
14-17 registered as a real estate inspector shall be deposited in the
14-18 real estate inspection recovery fund. A penalty collected under
14-19 this section for a violation by a person who is not licensed under
14-20 this Act shall be deposited in the real estate recovery fund or the
14-21 real estate inspection recovery fund.
14-22 SECTION 8. Section 23(h)(1), The Real Estate License Act
14-23 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
14-24 as follows:
14-25 (1) The commission shall charge and collect reasonable
14-26 and necessary fees to recover the cost of administering this
14-27 section as follows:
15-1 (A) a fee not to exceed $75 for the filing of an
15-2 original application for a license as an apprentice inspector;
15-3 (B) a fee not to exceed $125 for the filing of
15-4 an original application for a license as a real estate inspector;
15-5 (C) a fee not to exceed $150 for the filing of
15-6 an original application for a license as a professional inspector;
15-7 (D) a fee not to exceed $125 for the annual
15-8 license renewal of an apprentice inspector;
15-9 (E) a fee not to exceed $175 for the annual
15-10 license renewal of a real estate inspector;
15-11 (F) a fee not to exceed $200 for the annual
15-12 license renewal of a professional inspector;
15-13 (G) a fee not to exceed $100 for taking a
15-14 license examination; [and]
15-15 (H) a fee not to exceed $20 for a request for a
15-16 change of place of business or to replace a lost or destroyed
15-17 license; and
15-18 (I) a fee not to exceed $20 for filing a request
15-19 for issuance of a license because of a change of name, return to
15-20 active status, or change in sponsoring professional inspector.
15-21 SECTION 9. Section 23(k), The Real Estate License Act
15-22 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
15-23 as follows:
15-24 (k) Continuing education programs. The commission shall
15-25 recognize, prepare, or administer continuing education programs for
15-26 inspectors. Participation in the programs is mandatory. A real
15-27 estate inspector must submit satisfactory evidence to the
16-1 commission of successful completion of at least eight [four]
16-2 classroom hours of core real estate inspection courses annually
16-3 before a licensed renewal is issued. A professional inspector must
16-4 submit satisfactory evidence to the commission of successful
16-5 completion of at least 16 [eight] classroom hours of core [related]
16-6 real estate inspection courses annually before a license renewal is
16-7 issued.
16-8 SECTION 10. Sections 23(o)(3), (7), and (15), The Real
16-9 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
16-10 are amended to read as follows:
16-11 (3) If at [on December 31 of] any time [year] the
16-12 balance remaining in the real estate inspection recovery fund is
16-13 less than $300,000, each inspector, on the next renewal of the
16-14 person's license, shall pay, in addition to the license renewal
16-15 fee, a fee of $75, or a pro rata share of the amount necessary to
16-16 bring the fund to $450,000, whichever is less, which shall be
16-17 deposited in the real estate inspection recovery fund. To ensure
16-18 the availability of a sufficient amount of money to pay anticipated
16-19 claims on the fund, the commission by rule may provide for the
16-20 collection of assessments at different times and under conditions
16-21 other than those specified by this Act.
16-22 (7) The court shall proceed on the application
16-23 forthwith. On the hearing on the application, the aggrieved person
16-24 is required to show:
16-25 (A) that the judgment is based on facts allowing
16-26 recovery under Subdivision (1) of this subsection;
16-27 (B) that the person is not a spouse of the
17-1 debtor or the personal representative of the spouse and the person
17-2 is not an inspector, as defined by this section;
17-3 (C) [that the person has obtained a judgment
17-4 under Subdivision (6) of this subsection that is not subject to a
17-5 stay or discharge in bankruptcy, stating the amount of the judgment
17-6 and the amount owing on the judgment at the date of the
17-7 application;]
17-8 [(D)] that based on the best information
17-9 available, the judgment debtor lacks sufficient attachable assets
17-10 in this state or any other state to satisfy the judgment; and
17-11 (D) [(E)] the amount that may be realized from
17-12 the sale of real or personal property or other assets liable to be
17-13 sold or applied in satisfaction of the judgment and the balance
17-14 remaining due on the judgment after application of the amount that
17-15 may be realized.
17-16 (15) Notwithstanding any other provision, payments
17-17 from the real estate inspection recovery fund are subject to the
17-18 following conditions and limitations:
17-19 (A) payments may be made only pursuant to an
17-20 order of a court of competent jurisdiction, as provided by
17-21 Subdivision (6) of this subsection, and in the manner prescribed by
17-22 this subsection;
17-23 (B) payments for claims, including attorney
17-24 fees, interest, and court costs, arising out of the same
17-25 transaction shall be limited in the aggregate to $10,000 [$7,500]
17-26 regardless of the number of claimants; and
17-27 (C) payments for claims based on judgments
18-1 against a licensed inspector may not exceed in the aggregate
18-2 $30,000 [$15,000] until the fund has been reimbursed by the
18-3 licensee for all amounts paid.
18-4 SECTION 11. (a) Except as provided by Subsection (b) of
18-5 this section, this Act takes effect September 1, 1999.
18-6 (b) The change in law made by this Act to Section 7(e), The
18-7 Real Estate License Act (Article 6573a, Vernon's Texas Civil
18-8 Statutes), takes effect January 1, 2000, and applies only to an
18-9 application for a real estate salesperson license filed on or after
18-10 that date. An application filed before January 1, 2000, is
18-11 governed by the law in effect on the date the application was
18-12 filed, and the former law is continued in effect for that purpose.
18-13 (c) The change in law made by this Act to Section 23(k), The
18-14 Real Estate License Act (Article 6573a, Vernon's Texas Civil
18-15 Statutes), applies only to the renewal of a real estate inspector
18-16 or professional inspector license that expires on or after December
18-17 31, 1999. A license that expires before that date is governed by
18-18 the law in effect on the date the license expired, and the former
18-19 law is continued in effect for that purpose.
18-20 (d) The change in law made to Sections 8(f) and 23(o)(7),
18-21 The Real Estate License Act (Article 6573a, Vernon's Texas Civil
18-22 Statutes), applies only to a cause of action that arises on or
18-23 after the effective date of this Act. A cause of action that
18-24 arises before the effective date of this Act is governed by the law
18-25 in effect on the date the cause of action arose, and the former law
18-26 is continued in effect for that purpose.
18-27 (e) A change in law made by this Act that relates to a
19-1 disciplinary action or imposition of an administrative penalty
19-2 applies only to a violation of The Real Estate License Act (Article
19-3 6573a, Vernon's Texas Civil Statutes) that occurs on or after the
19-4 effective date of this Act. A violation that occurs before the
19-5 effective date of this Act is governed by the law in effect on the
19-6 date the violation occurred, and the former law is continued in
19-7 effect for that purpose.
19-8 SECTION 12. The importance of this legislation and the
19-9 crowded condition of the calendars in both houses create an
19-10 emergency and an imperative public necessity that the
19-11 constitutional rule requiring bills to be read on three several
19-12 days in each house be suspended, and this rule is hereby suspended.