By:  Wentworth                                        S.B. No. 1016
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the regulation of real estate brokers, salespersons,
 1-2     and inspectors and to the administration of certain recovery funds;
 1-3     providing administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 6, The Real Estate
 1-6     License Act (Article 6573a, Vernon's Texas Civil Statutes), is
 1-7     amended to read 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.  Subsections (a), (b), and (e), Section 7, The
1-22     Real Estate License Act (Article 6573a, Vernon's Texas Civil
1-23     Statutes), are amended to read as follows:
1-24           (a)  Competency as referred to in Section 6 of this Act shall
 2-1     be established by an examination prepared by or contracted for by
 2-2     the commission.  The examination shall be given at such times and
 2-3     at such places within the state as the commission shall prescribe.
 2-4     The examination shall be of scope sufficient in the judgment of the
 2-5     commission to determine that a person is competent to act as a real
 2-6     estate broker or salesperson in a manner to protect the interest of
 2-7     the public.  The examination for a salesperson license shall be
 2-8     less exacting and less stringent than the examination for a broker
 2-9     license.  The commission shall furnish each applicant with study
2-10     material and references on which the examination shall be based.
2-11     When an applicant for a real estate license fails a qualifying
2-12     examination, the applicant may apply for reexamination by filing a
2-13     request therefor together with the proper fee.  The examination
2-14     requirement must be satisfied not later than six months after the
2-15     date on which the application for a license is filed.  A license
2-16     applicant who fails the examination four consecutive times in
2-17     connection with the same application may not apply for
2-18     reexamination or submit a new license application before the 180th
2-19     day after the date the applicant failed the fourth examination.
2-20     Courses of study required for a license may include but are not
2-21     limited to the following, which shall be considered core real
2-22     estate courses for all purposes of this Act:
2-23                 (1)  Principles of Real Estate (or equivalent) shall
2-24     include but not be limited to an overview of licensing as a real
2-25     estate broker and salesperson, ethics of practice, titles to and
2-26     conveyancing of real estate, legal descriptions, deeds,
 3-1     encumbrances and liens, distinctions between personal and real
 3-2     property, appraisal, finance and regulations, closing procedures,
 3-3     real estate mathematics, and at least three classroom hours of
 3-4     instruction on federal, state, and local laws relating to housing
 3-5     discrimination, housing credit discrimination, and community
 3-6     reinvestment.
 3-7                 (2)  Real Estate Appraisal (or equivalent) shall
 3-8     include but not be limited to the central purposes and functions of
 3-9     an appraisal, social and economic determinant of value, appraisal
3-10     case studies, cost, market data and income approaches to value
3-11     estimates, final correlations, and reporting.
3-12                 (3)  Real Estate Law (or equivalent) shall include but
3-13     not be limited to legal concepts of real estate, land description,
3-14     real property rights and estates in land, contracts, conveyances,
3-15     encumbrances, foreclosures, recording procedures, and evidence of
3-16     titles.
3-17                 (4)  Real Estate Finance (or equivalent) shall include
3-18     but not be limited to monetary systems, primary and secondary money
3-19     markets, sources of mortgage loans, federal government programs,
3-20     loan applications, processes and procedures, closing costs,
3-21     alternative financial instruments, equal credit opportunity acts,
3-22     community reinvestment act, and state housing agency.
3-23                 (5)  Real Estate Marketing (or equivalent) shall
3-24     include but not be limited to real estate professionalism and
3-25     ethics, characteristics of successful salespersons, time
3-26     management, psychology of marketing, listing procedures,
 4-1     advertising, negotiating and closing, financing, and the Deceptive
 4-2     Trade Practices-Consumer Protection Act, as amended, Section 17.01
 4-3     et seq., Business & Commerce Code.
 4-4                 (6)  Real Estate Mathematics (or equivalent) shall
 4-5     include but not be limited to basic arithmetic skills and review of
 4-6     mathematical logic, percentages, interest, time-valued money,
 4-7     depreciation, amortization, proration, and estimation of closing
 4-8     statements.
 4-9                 (7)  Real Estate Brokerage (or equivalent) shall
4-10     include but not be limited to law of agency, planning and
4-11     organization, operational policies and procedures, recruiting,
4-12     selection and training of personnel, records and control, and real
4-13     estate firm analysis and expansion criteria.
4-14                 (8)  Property Management (or equivalent) shall include
4-15     but not be limited to role of property manager, landlord policies,
4-16     operational guidelines, leases, lease negotiations, tenant
4-17     relations, maintenance, reports, habitability laws, and the Fair
4-18     Housing Act.
4-19                 (9)  Real Estate Investments (or equivalent) shall
4-20     include but not be limited to real estate investment
4-21     characteristics, techniques of investment analysis, time-valued
4-22     money, discounted and nondiscounted investment criteria, leverage,
4-23     tax shelters depreciation, and applications to property tax.
4-24                 (10)  Law of Agency (or equivalent) shall include but
4-25     not be limited to the principal-agent and master-servant
4-26     relationships, the authority of an agent, the termination of an
 5-1     agent's authority, the fiduciary and other duties of an agent,
 5-2     employment law, deceptive trade practices, listing or buying
 5-3     representation procedures, and the disclosure of agency.
 5-4                 (11)  Law of Contracts (or equivalent) shall include
 5-5     the elements of a contract, offer and acceptance, the statute of
 5-6     frauds, specific performance and remedies for breach, unauthorized
 5-7     practice of law, commission rules relating to use of adopted forms,
 5-8     and owner disclosure requirements.
 5-9           (b)  The commission by rule may:
5-10                 (1)  prescribe the content of core real estate courses
5-11     listed in Subsection (a)  of this section; and
5-12                 (2)  establish the title and content of additional core
5-13     real estate courses.
5-14           (e)  Each applicant for a salesperson license shall furnish
5-15     the commission satisfactory evidence of having completed 12
5-16     semester hours, or equivalent classroom hours, of postsecondary
5-17     education, eight [six] hours of which must be completed in core
5-18     real estate courses, of which a minimum of two hours must be
5-19     completed in Principles of Real Estate as described in Subsection
5-20     (a)(1) of this section, a minimum of two hours must be completed in
5-21     Law of Agency as described in Subsection (a)(10) of this section,
5-22     and a minimum of two hours must be completed in Law of Contracts as
5-23     described in Subsection (a)(11) of this section.  The remaining
5-24     four [six] hours must [shall] be completed in core real estate
5-25     courses or related courses.  As a condition for the first renewal
5-26     of a salesperson license, the applicant shall furnish the
 6-1     commission satisfactory evidence of having completed a minimum of
 6-2     14 semester hours, or equivalent classroom hours, 10 [eight] hours
 6-3     of which must be completed in core real estate courses.  As a
 6-4     condition for the second renewal of a salesperson license, the
 6-5     applicant shall furnish the commission satisfactory evidence of
 6-6     having completed a minimum of 16 semester hours, or equivalent
 6-7     classroom hours, 12 [10] hours of which must be completed in core
 6-8     real estate courses.  As a condition for the third renewal of a
 6-9     salesperson license, the applicant shall furnish the commission
6-10     satisfactory evidence of having completed a minimum of 18 semester
6-11     hours, or equivalent classroom hours, 14 [12] hours of which must
6-12     be completed in core real estate courses.
6-13           SECTION 3.  Subsections (c) and (f), Section 8, The Real
6-14     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
6-15     are amended to read as follows:
6-16           (c)  If the commission determines at any time that [on
6-17     December 31 of any year] the balance remaining in the real estate
6-18     recovery trust account [fund] is less than $1 million, each real
6-19     estate broker and each real estate salesperson, on the next renewal
6-20     of the license, shall pay, in addition to the license renewal fee,
6-21     a fee of $10, which shall be deposited in the real estate recovery
6-22     trust account [fund], or a pro rata share of the amount necessary
6-23     to bring the trust account [fund] to $1.7 million, whichever is
6-24     less.  If on December 31 of any year the balance remaining in the
6-25     real estate recovery trust account [fund] is more than $3.5 million
6-26     or more than the total amount of claims paid from the trust account
 7-1     [fund] during the previous four fiscal years, whichever is greater,
 7-2     the amount of money in excess of the greater amount shall be
 7-3     transferred to the general revenue fund.  Notwithstanding any other
 7-4     provision of this Act, to ensure that sufficient money is available
 7-5     to pay anticipated claims on the trust account, the commission may
 7-6     provide by rule for the collection of assessments at times and
 7-7     under conditions other than those specified by this Act.
 7-8           (f)  The court shall proceed on the application forthwith.
 7-9     On the hearing on the application, the aggrieved person is required
7-10     to show that:
7-11                 (1)  the judgment is based on facts allowing recovery
7-12     under Subsection (a)  of this section;
7-13                 (2)  the person is not a spouse of the debtor, or the
7-14     personal representative of the spouse; and the person is not a
7-15     registrant under Section 9A of this Act or a real estate broker or
7-16     salesperson, as defined by this Act, who is seeking to recover a
7-17     real estate commission or any compensation in the transaction or
7-18     transactions for which the application for payment is made;
7-19                 (3)  [the person has obtained a judgment under
7-20     Subsection (e) of this section that is not subject to a stay or
7-21     discharge in bankruptcy, stating the amount of the judgment and the
7-22     amount owing on the judgment at the date of the application;]
7-23                 [(4)]  based on the best available information, the
7-24     judgment debtor lacks sufficient attachable assets in this state or
7-25     any other state to satisfy the judgment; and
7-26                 (4) [(5)]  the amount that may be realized from the
 8-1     sale of real or personal property or other assets liable to be sold
 8-2     or applied in satisfaction of the judgment and the balance
 8-3     remaining due on the judgment after application of the amount that
 8-4     may be realized.
 8-5           SECTION 4.  Section 11, The Real Estate License Act (Article
 8-6     6573a, Vernon's Texas Civil Statutes), is amended to read as
 8-7     follows:
 8-8           Sec. 11.  The commission shall charge and collect the
 8-9     following fees:
8-10                 (1)  a fee not to exceed $100 for the filing of an
8-11     original application for a real estate broker license;
8-12                 (2)  a fee not to exceed $100 for annual renewal of a
8-13     real estate broker license;
8-14                 (3)  a fee not to exceed $50 for the filing of an
8-15     original application for a real estate salesperson license;
8-16                 (4)  a fee not to exceed $50 for annual renewal of a
8-17     real estate salesperson license;
8-18                 (5)  a fee not to exceed $50 for an application for a
8-19     license examination;
8-20                 (6)  a fee not to exceed $20 for filing a request for a
8-21     license for each additional office or place of business;
8-22                 (7)  a fee not to exceed $20 for filing a request for a
8-23     license or certificate of registration for a change of place of
8-24     business, change of name, return to active status, or change of
8-25     sponsoring broker;
8-26                 (8)  a fee not to exceed $20 for filing a request to
 9-1     replace a license or certificate of registration lost or destroyed;
 9-2                 (9)  a fee not to exceed $400 for filing an application
 9-3     for approval of an education program under Section 7(f) of this
 9-4     Act;
 9-5                 (10)  a fee not to exceed $200 a year for operation of
 9-6     an education program under Section 7(f) of this Act;
 9-7                 (11)  a fee of $20 [$15] for transcript evaluation;
 9-8                 (12)  a fee not to exceed $10 for preparing a license
 9-9     or registration history;
9-10                 (13)  a fee not to exceed $50 for the filing of an
9-11     application for a moral character determination;
9-12                 (14)  an annual fee of $20 from each real estate broker
9-13     and each registrant under Section 9A of this Act to be transmitted
9-14     to Texas A&M University for the Texas Real Estate Research Center
9-15     as provided by Section 5(m) of this Act;
9-16                 (15)  an annual fee of $17.50 from each real estate
9-17     salesperson to be transmitted to Texas A&M University for the Texas
9-18     Real Estate Research Center as provided by Section 5(m) of this
9-19     Act;
9-20                 (16)  an annual fee of $80 from each registrant under
9-21     Section 9A of this Act; and
9-22                 (17)  any fee authorized under Section 8 of this Act
9-23     for the real estate recovery trust account [fund].
9-24           SECTION 5.  Subsection (a), Section 15, The Real Estate
9-25     License Act (Article 6573a, Vernon's Texas Civil Statutes), is
9-26     amended to read as follows:
 10-1          (a)  The commission may, on its own motion, and shall, on the
 10-2    signed complaint in writing of any person [a consumer or service
 10-3    recipient], provided the complaint, or the complaint together with
 10-4    evidence, documentary or otherwise, presented in connection with
 10-5    the complaint, provides reasonable cause, investigate the actions
 10-6    and records of a real estate broker or real estate salesperson.
 10-7    The commission may suspend or revoke a license issued under the
 10-8    provisions of this Act or take other disciplinary action authorized
 10-9    by this Act at any time when it has been determined that:
10-10                (1)  the licensee has entered a plea of guilty or nolo
10-11    contendere to, or been found guilty of, or been convicted of, a
10-12    felony, in which fraud is an essential element, and the time for
10-13    appeal has elapsed or the judgment or conviction has been affirmed
10-14    on appeal, irrespective of an order granting probation following
10-15    such conviction, suspending the imposition of sentence;
10-16                (2)  the licensee has procured, or attempted to
10-17    procure, a real estate license, for the licensee or a salesperson,
10-18    by fraud, misrepresentation or deceit, or by making a material
10-19    misstatement of fact in an application for a real estate license;
10-20                (3)  the licensee, when selling, buying, trading, or
10-21    renting real property in the licensee's own name, engaged in
10-22    misrepresentation or dishonest or fraudulent action;
10-23                (4)  the licensee has failed within a reasonable time
10-24    to make good a check issued to the commission after the commission
10-25    has mailed a request for payment by certified mail to the
10-26    licensee's last known business address as reflected by the
 11-1    commission's records;
 11-2                (5)  the licensee has disregarded or violated a
 11-3    provision of this Act;
 11-4                (6)  the licensee, while performing an act constituting
 11-5    an act of a broker or salesperson, as defined by this Act, has been
 11-6    guilty of:
 11-7                      (A)  making a material misrepresentation, or
 11-8    failing to disclose to a potential purchaser any latent structural
 11-9    defect or any other defect known to the broker or salesperson.
11-10    Latent structural defects and other defects do not refer to trivial
11-11    or insignificant defects but refer to those defects that would be a
11-12    significant factor to a reasonable and prudent purchaser in making
11-13    a decision to purchase;
11-14                      (B)  making a false promise of a character likely
11-15    to influence, persuade, or induce any person to enter into a
11-16    contract or agreement when the licensee could not or did not intend
11-17    to keep such promise;
11-18                      (C)  pursuing a continued and flagrant course of
11-19    misrepresentation or making of false promises through agents,
11-20    salespersons, advertising, or otherwise;
11-21                      (D)  failing to make clear, to all parties to a
11-22    transaction, which party the licensee is acting for, or receiving
11-23    compensation from more than one party except with the full
11-24    knowledge and consent of all parties;
11-25                      (E)  failing within a reasonable time properly to
11-26    account for or remit money coming into the licensee's possession
 12-1    which belongs to others, or commingling money belonging to others
 12-2    with the licensee's own funds;
 12-3                      (F)  paying a commission or fees to or dividing a
 12-4    commission or fees with anyone not licensed as a real estate broker
 12-5    or salesperson in this state or in any other state for compensation
 12-6    for services as a real estate agent;
 12-7                      (G)  failing to specify a definite termination
 12-8    date that is not subject to prior notice in a contract, other than
 12-9    a contract to perform property management services, in which the
12-10    licensee agrees to perform services for which a license is required
12-11    under this Act;
12-12                      (H)  accepting, receiving, or charging an
12-13    undisclosed commission, rebate, or direct profit on expenditures
12-14    made for a principal;
12-15                      (I)  soliciting, selling, or offering for sale
12-16    real property under a scheme or program that constitutes a lottery
12-17    or deceptive practice;
12-18                      (J)  acting in the dual capacity of broker and
12-19    undisclosed principal in a transaction;
12-20                      (K)  guaranteeing, authorizing, or permitting a
12-21    person to guarantee that future profits will result from a resale
12-22    of real property;
12-23                      (L)  placing a sign on real property offering it
12-24    for sale, lease, or rent without the written consent of the owner
12-25    or the owner's authorized agent;
12-26                      (M)  inducing or attempting to induce a party to
 13-1    a contract of sale or lease to break the contract for the purpose
 13-2    of substituting in lieu thereof a new contract;
 13-3                      (N)  negotiating or attempting to negotiate the
 13-4    sale, exchange, lease, or rental of real property with an owner,
 13-5    lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or
 13-6    tenant had a written outstanding contract, granting exclusive
 13-7    agency in connection with the transaction to another real estate
 13-8    broker;
 13-9                      (O)  offering real property for sale or for lease
13-10    without the knowledge and consent of the owner or the owner's
13-11    authorized agent, or on terms other than those authorized by the
13-12    owner or the owner's authorized agent;
13-13                      (P)  publishing, or causing to be published, an
13-14    advertisement including, but not limited to, advertising by
13-15    newspaper, radio, television, Internet, or other display which is
13-16    misleading, or which is likely to deceive the public, or which in
13-17    any manner tends to create a misleading impression, or which fails
13-18    to identify the person causing the advertisement to be published as
13-19    a licensed real estate broker or agent;
13-20                      (Q)  having knowingly withheld from or inserted
13-21    in a statement of account or invoice, a statement that made it
13-22    inaccurate in a material particular;
13-23                      (R)  publishing or circulating an unjustified or
13-24    unwarranted threat of legal proceedings, or other action;
13-25                      (S)  establishing an association, by employment
13-26    or otherwise, with an unlicensed person who is expected or required
 14-1    to act as a real estate licensee, or aiding or abetting or
 14-2    conspiring with a person to circumvent the requirements of this
 14-3    Act;
 14-4                      (T)  failing or refusing on demand to furnish
 14-5    copies of a document pertaining to a transaction dealing with real
 14-6    estate to a person whose signature is affixed to the document;
 14-7                      (U)  failing to advise a purchaser in writing
 14-8    before the closing of a transaction that the purchaser should
 14-9    either have the abstract covering the real estate which is the
14-10    subject of the contract examined by an attorney of the purchaser's
14-11    own selection, or be furnished with or obtain a policy of title
14-12    insurance;
14-13                      (V)  conduct which constitutes dishonest
14-14    dealings, bad faith, or untrustworthiness;
14-15                      (W)  acting negligently or incompetently in
14-16    performing an act for which a person is required to hold a real
14-17    estate license;
14-18                      (X)  disregarding or violating a provision of
14-19    this Act;
14-20                      (Y)  failing within a reasonable time to deposit
14-21    money received as escrow agent in a real estate transaction, either
14-22    in trust with a title company authorized to do business in this
14-23    state, or in a custodial, trust, or escrow account maintained for
14-24    that purpose in a banking institution authorized to do business in
14-25    this state;
14-26                      (Z)  disbursing money deposited in a custodial,
 15-1    trust, or escrow account, as provided in Subsection (Y) before the
 15-2    transaction concerned has been consummated or finally otherwise
 15-3    terminated; or
 15-4                      (AA)  discriminating against an owner, potential
 15-5    purchaser, lessor, or potential lessee on the basis of race, color,
 15-6    religion, sex, national origin, or ancestry, including directing
 15-7    prospective home buyers or lessees interested in equivalent
 15-8    properties to different areas according to the race, color,
 15-9    religion, sex, national origin, or ancestry of the potential owner
15-10    or lessee;
15-11                (7)  the licensee has failed or refused on demand to
15-12    produce a document, book, or record in the licensee's possession
15-13    concerning a real estate transaction conducted by the licensee for
15-14    inspection by the commission or its authorized personnel or
15-15    representative;
15-16                (8)  the licensee has failed within a reasonable time
15-17    to provide information requested by the commission as a result of a
15-18    formal or informal complaint to the commission which would indicate
15-19    a violation of this Act; or
15-20                (9)  the licensee has failed without just cause to
15-21    surrender to the rightful owner, on demand, a document or
15-22    instrument coming into the licensee's possession.
15-23          SECTION 6.  Subsection (e), Section 15B, The Real Estate
15-24    License Act (Article 6573a, Vernon's Texas Civil Statutes), is
15-25    amended to read as follows:
15-26          (e)  The commission may authorize a commission employee to
 16-1    file a signed written complaint against a licensee and to conduct
 16-2    an investigation if:
 16-3                (1)  a judgment against the licensee has been paid from
 16-4    a recovery fund established under this Act;
 16-5                (2)  the licensee is convicted of a criminal offense
 16-6    that may constitute grounds for the suspension or revocation of the
 16-7    licensee's license; [or]
 16-8                (3)  the licensee fails to make good a check issued to
 16-9    the commission;
16-10                (4)  the licensee fails to comply with a commission
16-11    rule adopted under Section 7A(g) of this Act; or
16-12                (5)  the licensee fails to provide, within a reasonable
16-13    time, information requested by the commission in connection with an
16-14    application for the renewal of a license.
16-15          SECTION 7.  Subsections (a), (b), (d), (h), (j), (m), and
16-16    (o), Section 19A, The Real Estate License Act (Article 6573a,
16-17    Vernon's Texas Civil Statutes), are amended to read as follows:
16-18          (a)  If a person [licensed under this Act] violates this Act
16-19    or a rule or order adopted by the commission under this Act, the
16-20    commission may assess an administrative penalty against the person
16-21    as provided by this section.
16-22          (b)  The penalty for each violation shall be set in an amount
16-23    not to exceed $1,000 a day.  Each day a violation continues or
16-24    occurs may be considered a separate violation for the purpose of
16-25    the assessment of a penalty.
16-26          (d)  If, after investigation of a possible violation and the
 17-1    facts surrounding that possible violation, the administrator
 17-2    determines that a violation has occurred, the administrator may
 17-3    issue a violation report stating the facts on which the conclusion
 17-4    that a violation occurred is based, recommending that an
 17-5    administrative penalty under this section be imposed on the person
 17-6    charged, and recommending the amount of that proposed penalty.  The
 17-7    administrator shall base the recommended amount of the proposed
 17-8    penalty on the seriousness of the violation determined by the
 17-9    consideration of the factors set forth in Subsection (c) of this
17-10    section.  The commission may authorize the administrator to
17-11    delegate to another employee of the commission the administrator's
17-12    authority to act under this section.
17-13          (h)  If the person charged requests a hearing or fails to
17-14    timely respond to the notice, the administrator shall set a hearing
17-15    and give notice of the hearing.  The hearing shall be held by a
17-16    hearing examiner designated by the administrator.  The hearing
17-17    examiner shall make findings of fact and conclusions of law and
17-18    promptly issue to the commission a proposal for decision as to the
17-19    occurrence of the violation, including a recommendation as to the
17-20    amount of the proposed penalty if a penalty is warranted.  Based on
17-21    the findings of fact, conclusions of law, and recommendations of
17-22    the hearing examiner, the commission by order may find a violation
17-23    has occurred and may assess a penalty or may find that no violation
17-24    has occurred.  All proceedings under this subsection are subject to
17-25    Chapter 2001, Government Code.  The commission may authorize the
17-26    hearing examiner to conduct the hearing and to enter a final
 18-1    decision [the Administrative Procedure and Texas Register Act
 18-2    (Article 6252-13a, Vernon's Texas Civil Statutes)].
 18-3          (j)  Within the 30-day period immediately following the date
 18-4    on which the order becomes final as provided by Chapter 2001,
 18-5    Government Code [Subsection (c), Section 16, Administrative
 18-6    Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
 18-7    Civil Statutes)], the person charged with the penalty shall:
 18-8                (1)  pay the penalty in full; or
 18-9                (2)  if the person files a petition for judicial review
18-10    contesting either the amount of the penalty or the fact of the
18-11    violation or contesting both the fact of the violation and the
18-12    amount of the penalty:
18-13                      (A)  forward the amount to the administrator for
18-14    placement in an escrow account; or
18-15                      (B)  in lieu of payment into escrow, post with
18-16    the administrator a supersedeas bond in a form approved by the
18-17    administrator for the amount of the penalty, the bond to be
18-18    effective until all judicial review of the order or decision is
18-19    final.
18-20          (m)  Judicial review of the order or decision of the
18-21    commission assessing the penalty shall be under the substantial
18-22    evidence rule and shall be instituted by filing a petition with a
18-23    district court in Travis County, as provided by Chapter 2001,
18-24    Government Code [Section 19, Administrative Procedure and Texas
18-25    Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
18-26          (o)  A penalty collected under this section for a violation
 19-1    by a person licensed as a real estate broker or salesperson shall
 19-2    be deposited in the real estate recovery trust account [fund].  A
 19-3    penalty collected under this section for a violation by a person
 19-4    licensed or registered as a real estate inspector shall be
 19-5    deposited in the real estate inspection recovery trust fund.  A
 19-6    penalty collected under this section for a violation by a person
 19-7    who is not licensed under this Act shall be deposited either in the
 19-8    real estate recovery trust account or in the real estate inspection
 19-9    recovery trust fund.
19-10          SECTION 8.  Subdivision (1), Subsection (h), Section 23, The
19-11    Real Estate License Act (Article 6573a, Vernon's Texas Civil
19-12    Statutes), is amended to read as follows:
19-13                (1)  The commission shall charge and collect reasonable
19-14    and necessary fees to recover the cost of administering this
19-15    section as follows:
19-16                      (A)  a fee not to exceed $75 for the filing of an
19-17    original application for a license as an apprentice inspector;
19-18                      (B)  a fee not to exceed $125 for the filing of
19-19    an original application for a license as a real estate inspector;
19-20                      (C)  a fee not to exceed $150 for the filing of
19-21    an original application for a license as a professional inspector;
19-22                      (D)  a fee not to exceed $125 for the annual
19-23    license renewal of an apprentice inspector;
19-24                      (E)  a fee not to exceed $175 for the annual
19-25    license renewal of a real estate inspector;
19-26                      (F)  a fee not to exceed $200 for the annual
 20-1    license renewal of a professional inspector;
 20-2                      (G)  a fee not to exceed $100 for taking a
 20-3    license examination; [and]
 20-4                      (H)  a fee not to exceed $20 for a request for a
 20-5    change of place of business or to replace a lost or destroyed
 20-6    license; and
 20-7                      (I)  a fee not to exceed $20 for filing a request
 20-8    for a change of name on a license, return to active status, or
 20-9    change in sponsoring professional inspector.
20-10          SECTION 9.  Subdivision (1), Subsection (i), Section 23, The
20-11    Real Estate License Act (Article 6573a, Vernon's Texas Civil
20-12    Statutes), is amended to read as follows:
20-13                (1)  The commission shall prescribe the licensing
20-14    examinations, which shall be prepared by or contracted for by the
20-15    commission.  A licensing examination shall evaluate competency in
20-16    the subject matter of all required core real estate inspection
20-17    courses.  The licensing examination shall be offered not less often
20-18    than once every two months in Austin.  If a license applicant fails
20-19    the examination, the applicant may apply for reexamination by
20-20    filing a request with the commission and paying the examination
20-21    fee.  Each license applicant must satisfy the examination
20-22    requirement not later than six months after the date on which the
20-23    license application is filed.  A license applicant who fails to
20-24    satisfy the examination requirement within six months after the
20-25    date on which the license application is filed must submit a new
20-26    license application with the commission and pay the examination fee
 21-1    to be eligible for examination.  If a license applicant fails the
 21-2    examination four [three] consecutive times in connection with the
 21-3    same application, the applicant may not apply for reexamination or
 21-4    submit a new license application with the commission for six months
 21-5    from the date the applicant [he] failed the last examination.
 21-6          SECTION 10.  Subsection (k), Section 23, The Real Estate
 21-7    License Act (Article 6573a, Vernon's Texas Civil Statutes), is
 21-8    amended to read as follows:
 21-9          (k)  Continuing education programs.  The commission shall
21-10    recognize, prepare, or administer continuing education programs for
21-11    inspectors.  Participation in the programs is mandatory.  A real
21-12    estate inspector must submit satisfactory evidence to the
21-13    commission of successful completion of at least eight [four]
21-14    classroom hours of core real estate inspection courses annually
21-15    before a licensed renewal is issued.  A professional inspector must
21-16    submit satisfactory evidence to the commission of successful
21-17    completion of at least 16 [eight] classroom hours of core [related]
21-18    real estate inspection courses annually before a license renewal is
21-19    issued.
21-20          SECTION 11.  Subdivisions (3), (7), and (15), Subsection (o),
21-21    Section 23, The Real Estate License Act (Article 6573a, Vernon's
21-22    Texas Civil Statutes), are amended to read as follows:
21-23                (3)  If at any time [on December 31 of any year] the
21-24    balance remaining in the real estate inspection recovery trust fund
21-25    is less than $300,000, each inspector, on the next renewal of the
21-26    person's license, shall pay, in addition to the license renewal
 22-1    fee, a fee of $75, or a pro rata share of the amount necessary to
 22-2    bring the fund to $450,000, whichever is less, which shall be
 22-3    deposited in the real estate inspection recovery trust fund.
 22-4    Notwithstanding any other provision of this Act, to ensure that
 22-5    sufficient money is available to pay anticipated claims on the
 22-6    fund, the commission may provide by rule for the collection of
 22-7    assessments at times and under conditions other than those
 22-8    specified by this Act.
 22-9                (7)  The court shall proceed on the application
22-10    forthwith.  On the hearing on the application, the aggrieved person
22-11    is required to show:
22-12                      (A)  that the judgment is based on facts allowing
22-13    recovery under Subdivision (1) of this subsection;
22-14                      (B)  that the person is not a spouse of the
22-15    debtor or the personal representative of the spouse and the person
22-16    is not an inspector, as defined by this section;
22-17                      (C)  [that the person has obtained a judgment
22-18    under Subdivision (6) of this subsection that is not subject to a
22-19    stay or discharge in bankruptcy, stating the amount of the judgment
22-20    and the amount owing on the judgment at the date of the
22-21    application;]
22-22                      [(D)]  that based on the best information
22-23    available, the judgment debtor lacks sufficient attachable assets
22-24    in this state or any other state to satisfy the judgment; and
22-25                      (D) [(E)]  the amount that may be realized from
22-26    the sale of real or personal property or other assets liable to be
 23-1    sold or applied in satisfaction of the judgment and the balance
 23-2    remaining due on the judgment after application of the amount that
 23-3    may be realized.
 23-4                (15)  Notwithstanding any other provision, payments
 23-5    from the real estate inspection recovery trust fund are subject to
 23-6    the following conditions and limitations:
 23-7                      (A)  payments may be made only pursuant to an
 23-8    order of a court of competent jurisdiction, as provided by
 23-9    Subdivision (6) of this subsection, and in the manner prescribed by
23-10    this subsection;
23-11                      (B)  payments for claims, including attorney
23-12    fees, interest, and court costs, arising out of the same
23-13    transaction shall be limited in the aggregate to $10,000 [$7,500]
23-14    regardless of the number of claimants; and
23-15                      (C)  payments for claims based on judgments
23-16    against a licensed inspector may not exceed in the aggregate
23-17    $30,000 [$15,000] until the fund has been reimbursed by the
23-18    licensee for all amounts paid.
23-19          SECTION 12.  (a)  Except as otherwise provided by this
23-20    section, this Act takes effect September 1, 1999.
23-21          (b)  Subsection (e), Section 7, The Real Estate License Act
23-22    (Article 6573a, Vernon's Texas Civil Statutes), as amended by this
23-23    Act, applies only to an application filed on or after January 1,
23-24    2000.  An application filed before January 1, 2000, is governed by
23-25    the law existing immediately before this Act takes effect.
23-26          (c)  Subsection (k), Section 23, The Real Estate License Act
 24-1    (Article 6573a, Vernon's Texas Civil Statutes), as amended by this
 24-2    Act, applies only to continuing education requirements for the
 24-3    renewal of an inspector license on or after December 31, 1999.
 24-4          (d)  Subdivision (15), Subsection (o), Section 23, The Real
 24-5    Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
 24-6    as amended by this Act, applies only to a cause of action that
 24-7    accrues on or after the effective date of this Act.  A cause of
 24-8    action that accrues before the effective date of this Act is
 24-9    governed by the law in effect on the date the cause of action
24-10    accrued, and that law is continued in effect for that purpose.
24-11          SECTION 13.  Section 11, The Real Estate License Act (Article
24-12    6573a, Vernon's Texas Civil Statutes), as amended by this Act,
24-13    applies only to a fee for a transcript that is evaluated on or
24-14    after the effective date of this Act.  A fee for a transcript
24-15    evaluated before the effective date of this Act is governed by the
24-16    law in effect on the date the transcript was evaluated, and that
24-17    law is continued in effect for that purpose.
24-18          SECTION 14.  Subsection (a), Section 19A, The Real Estate
24-19    License Act (Article 6573a, Vernon's Texas Civil Statutes), as
24-20    amended by this Act, applies only to a violation  that occurs on or
24-21    after the effective date of this Act.  A violation that occurs
24-22    before the effective date of this Act is governed by the law in
24-23    effect on the date the violation occurred, and that law is
24-24    continued in effect for that purpose.