By Wentworth S.B. No. 1016
76R6119 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of real estate brokers, salespersons,
1-3 and inspectors and to the administration of certain recovery funds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 7(b) and (e), The Real Estate License
1-6 Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
1-7 read as follows:
1-8 (b) The commission by rule may:
1-9 (1) prescribe the content of the core courses listed
1-10 in Subsection (a) of this section; and
1-11 (2) establish the title and content of additional core
1-12 real estate courses.
1-13 (e) Each applicant for a salesperson license shall furnish
1-14 the commission satisfactory evidence of having completed 12
1-15 semester hours, or equivalent classroom hours, of postsecondary
1-16 education, eight [six] hours of which must be completed in core
1-17 real estate courses, of which a minimum of two hours must be
1-18 completed in Principles of Real Estate as described in Subsection
1-19 (a)(1) of this section, a minimum of two hours must be completed in
1-20 Law of Agency as described in Subsection (a)(10) of this section,
1-21 and a minimum of two hours must be completed in Law of Contracts as
1-22 described in Subsection (a)(11) of this section. The remaining
1-23 four [six] hours must [shall] be completed in core real estate
1-24 courses or related courses. As a condition for the first renewal
2-1 of a salesperson license, the applicant shall furnish the
2-2 commission satisfactory evidence of having completed a minimum of
2-3 14 semester hours, or equivalent classroom hours, 10 [eight] hours
2-4 of which must be completed in core real estate courses. As a
2-5 condition for the second renewal of a salesperson license, the
2-6 applicant shall furnish the commission satisfactory evidence of
2-7 having completed a minimum of 16 semester hours, or equivalent
2-8 classroom hours, 12 [10] hours of which must be completed in core
2-9 real estate courses. As a condition for the third renewal of a
2-10 salesperson license, the applicant shall furnish the commission
2-11 satisfactory evidence of having completed a minimum of 18 semester
2-12 hours, or equivalent classroom hours, 14 [12] hours of which must
2-13 be completed in core real estate courses.
2-14 SECTION 2. Sections 8(c) and (f), The Real Estate License
2-15 Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
2-16 read as follows:
2-17 (c) If the commission determines at any time that [on
2-18 December 31 of any year] the balance remaining in the real estate
2-19 recovery trust account [fund] is less than $1 million, each real
2-20 estate broker and each real estate salesperson, on the next renewal
2-21 of the license, shall pay, in addition to the license renewal fee,
2-22 a fee of $10, which shall be deposited in the real estate recovery
2-23 trust account [fund], or a pro rata share of the amount necessary
2-24 to bring the fund to $1.7 million, whichever is less. If on
2-25 December 31 of any year the balance remaining in the real estate
2-26 recovery trust account [fund] is more than $3.5 million or more
2-27 than the total amount of claims paid from the fund during the
3-1 previous four fiscal years, whichever is greater, the amount of
3-2 money in excess of the greater amount shall be transferred to the
3-3 general revenue fund. Notwithstanding any other provision of this
3-4 Act, to ensure that sufficient money is available to pay
3-5 anticipated claims on the fund, the commission may provide by rule
3-6 for the collection of assessments at times and under conditions
3-7 other than those specified by this Act.
3-8 (f) The court shall proceed on the application forthwith.
3-9 On the hearing on the application, the aggrieved person is required
3-10 to show that:
3-11 (1) the judgment is based on facts allowing recovery
3-12 under Subsection (a) of this section;
3-13 (2) the person is not a spouse of the debtor, or the
3-14 personal representative of the spouse; and the person is not a
3-15 registrant under Section 9A of this Act or a real estate broker or
3-16 salesperson, as defined by this Act, who is seeking to recover a
3-17 real estate commission or any compensation in the transaction or
3-18 transactions for which the application for payment is made;
3-19 (3) [the person has obtained a judgment under
3-20 Subsection (e) of this section that is not subject to a stay or
3-21 discharge in bankruptcy, stating the amount of the judgment and the
3-22 amount owing on the judgment at the date of the application;]
3-23 [(4)] based on the best available information, the
3-24 judgment debtor lacks sufficient attachable assets in this state or
3-25 any other state to satisfy the judgment; and
3-26 (4) [(5)] the amount that may be realized from the
3-27 sale of real or personal property or other assets liable to be sold
4-1 or applied in satisfaction of the judgment and the balance
4-2 remaining due on the judgment after application of the amount that
4-3 may be realized.
4-4 SECTION 3. Section 11, The Real Estate License Act (Article
4-5 6573a, Vernon's Texas Civil Statutes), is amended to read as
4-6 follows:
4-7 Sec. 11. The commission shall charge and collect the
4-8 following fees:
4-9 (1) a fee not to exceed $100 for the filing of an
4-10 original application for a real estate broker license;
4-11 (2) a fee not to exceed $100 for annual renewal of a
4-12 real estate broker license;
4-13 (3) a fee not to exceed $50 for the filing of an
4-14 original application for a real estate salesperson license;
4-15 (4) a fee not to exceed $50 for annual renewal of a
4-16 real estate salesperson license;
4-17 (5) a fee not to exceed $50 for an application for a
4-18 license examination;
4-19 (6) a fee not to exceed $20 for filing a request for a
4-20 license for each additional office or place of business;
4-21 (7) a fee not to exceed $20 for filing a request for a
4-22 license or certificate of registration for a change of place of
4-23 business, change of name, return to active status, or change of
4-24 sponsoring broker;
4-25 (8) a fee not to exceed $20 for filing a request to
4-26 replace a license or certificate of registration lost or destroyed;
4-27 (9) a fee not to exceed $400 for filing an application
5-1 for approval of an education program under Section 7(f) of this
5-2 Act;
5-3 (10) a fee not to exceed $200 a year for operation of
5-4 an education program under Section 7(f) of this Act;
5-5 (11) a fee of $20 [$15] for transcript evaluation;
5-6 (12) a fee not to exceed $10 for preparing a license
5-7 or registration history;
5-8 (13) a fee not to exceed $50 for the filing of an
5-9 application for a moral character determination;
5-10 (14) an annual fee of $20 from each real estate broker
5-11 and each registrant under Section 9A of this Act to be transmitted
5-12 to Texas A&M University for the Texas Real Estate Research Center
5-13 as provided by Section 5(m) of this Act;
5-14 (15) an annual fee of $17.50 from each real estate
5-15 salesperson to be transmitted to Texas A&M University for the Texas
5-16 Real Estate Research Center as provided by Section 5(m) of this
5-17 Act;
5-18 (16) an annual fee of $80 from each registrant under
5-19 Section 9A of this Act; and
5-20 (17) any fee authorized under Section 8 of this Act
5-21 for the real estate recovery trust account [fund].
5-22 SECTION 4. Section 15(a), The Real Estate License Act
5-23 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
5-24 as follows:
5-25 (a) The commission may, on its own motion, and shall, on the
5-26 signed complaint in writing of any person [a consumer or service
5-27 recipient], provided the complaint, or the complaint together with
6-1 evidence, documentary or otherwise, presented in connection with
6-2 the complaint, provides reasonable cause, investigate the actions
6-3 and records of a real estate broker or real estate salesperson.
6-4 The commission may suspend or revoke a license issued under the
6-5 provisions of this Act or take other disciplinary action authorized
6-6 by this Act at any time when it has been determined that:
6-7 (1) the licensee has entered a plea of guilty or nolo
6-8 contendere to, or been found guilty of, or been convicted of, a
6-9 felony, in which fraud is an essential element, and the time for
6-10 appeal has elapsed or the judgment or conviction has been affirmed
6-11 on appeal, irrespective of an order granting probation following
6-12 such conviction, suspending the imposition of sentence;
6-13 (2) the licensee has procured, or attempted to
6-14 procure, a real estate license, for the licensee or a salesperson,
6-15 by fraud, misrepresentation or deceit, or by making a material
6-16 misstatement of fact in an application for a real estate license;
6-17 (3) the licensee, when selling, buying, trading, or
6-18 renting real property in the licensee's own name, engaged in
6-19 misrepresentation or dishonest or fraudulent action;
6-20 (4) the licensee has failed within a reasonable time
6-21 to make good a check issued to the commission after the commission
6-22 has mailed a request for payment by certified mail to the
6-23 licensee's last known business address as reflected by the
6-24 commission's records;
6-25 (5) the licensee has disregarded or violated a
6-26 provision of this Act;
6-27 (6) the licensee, while performing an act constituting
7-1 an act of a broker or salesperson, as defined by this Act, has been
7-2 guilty of:
7-3 (A) making a material misrepresentation, or
7-4 failing to disclose to a potential purchaser any latent structural
7-5 defect or any other defect known to the broker or salesperson.
7-6 Latent structural defects and other defects do not refer to trivial
7-7 or insignificant defects but refer to those defects that would be a
7-8 significant factor to a reasonable and prudent purchaser in making
7-9 a decision to purchase;
7-10 (B) making a false promise of a character likely
7-11 to influence, persuade, or induce any person to enter into a
7-12 contract or agreement when the licensee could not or did not intend
7-13 to keep such promise;
7-14 (C) pursuing a continued and flagrant course of
7-15 misrepresentation or making of false promises through agents,
7-16 salespersons, advertising, or otherwise;
7-17 (D) failing to make clear, to all parties to a
7-18 transaction, which party the licensee is acting for, or receiving
7-19 compensation from more than one party except with the full
7-20 knowledge and consent of all parties;
7-21 (E) failing within a reasonable time properly to
7-22 account for or remit money coming into the licensee's possession
7-23 which belongs to others, or commingling money belonging to others
7-24 with the licensee's own funds;
7-25 (F) paying a commission or fees to or dividing a
7-26 commission or fees with anyone not licensed as a real estate broker
7-27 or salesperson in this state or in any other state for compensation
8-1 for services as a real estate agent;
8-2 (G) failing to specify a definite termination
8-3 date that is not subject to prior notice in a contract, other than
8-4 a contract to perform property management services, in which the
8-5 licensee agrees to perform services for which a license is required
8-6 under this Act;
8-7 (H) accepting, receiving, or charging an
8-8 undisclosed commission, rebate, or direct profit on expenditures
8-9 made for a principal;
8-10 (I) soliciting, selling, or offering for sale
8-11 real property under a scheme or program that constitutes a lottery
8-12 or deceptive practice;
8-13 (J) acting in the dual capacity of broker and
8-14 undisclosed principal in a transaction;
8-15 (K) guaranteeing, authorizing, or permitting a
8-16 person to guarantee that future profits will result from a resale
8-17 of real property;
8-18 (L) placing a sign on real property offering it
8-19 for sale, lease, or rent without the written consent of the owner
8-20 or the owner's authorized agent;
8-21 (M) inducing or attempting to induce a party to
8-22 a contract of sale or lease to break the contract for the purpose
8-23 of substituting in lieu thereof a new contract;
8-24 (N) negotiating or attempting to negotiate the
8-25 sale, exchange, lease, or rental of real property with an owner,
8-26 lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or
8-27 tenant had a written outstanding contract, granting exclusive
9-1 agency in connection with the transaction to another real estate
9-2 broker;
9-3 (O) offering real property for sale or for lease
9-4 without the knowledge and consent of the owner or the owner's
9-5 authorized agent, or on terms other than those authorized by the
9-6 owner or the owner's authorized agent;
9-7 (P) publishing, or causing to be published, an
9-8 advertisement including, but not limited to, advertising by
9-9 newspaper, radio, television, Internet, or other display which is
9-10 misleading, or which is likely to deceive the public, or which in
9-11 any manner tends to create a misleading impression, or which fails
9-12 to identify the person causing the advertisement to be published as
9-13 a licensed real estate broker or agent;
9-14 (Q) having knowingly withheld from or inserted
9-15 in a statement of account or invoice, a statement that made it
9-16 inaccurate in a material particular;
9-17 (R) publishing or circulating an unjustified or
9-18 unwarranted threat of legal proceedings, or other action;
9-19 (S) establishing an association, by employment
9-20 or otherwise, with an unlicensed person who is expected or required
9-21 to act as a real estate licensee, or aiding or abetting or
9-22 conspiring with a person to circumvent the requirements of this
9-23 Act;
9-24 (T) failing or refusing on demand to furnish
9-25 copies of a document pertaining to a transaction dealing with real
9-26 estate to a person whose signature is affixed to the document;
9-27 (U) failing to advise a purchaser in writing
10-1 before the closing of a transaction that the purchaser should
10-2 either have the abstract covering the real estate which is the
10-3 subject of the contract examined by an attorney of the purchaser's
10-4 own selection, or be furnished with or obtain a policy of title
10-5 insurance;
10-6 (V) conduct which constitutes dishonest
10-7 dealings, bad faith, or untrustworthiness;
10-8 (W) acting negligently or incompetently in
10-9 performing an act for which a person is required to hold a real
10-10 estate license;
10-11 (X) disregarding or violating a provision of
10-12 this Act;
10-13 (Y) failing within a reasonable time to deposit
10-14 money received as escrow agent in a real estate transaction, either
10-15 in trust with a title company authorized to do business in this
10-16 state, or in a custodial, trust, or escrow account maintained for
10-17 that purpose in a banking institution authorized to do business in
10-18 this state;
10-19 (Z) disbursing money deposited in a custodial,
10-20 trust, or escrow account, as provided in Subsection (Y) before the
10-21 transaction concerned has been consummated or finally otherwise
10-22 terminated; or
10-23 (AA) discriminating against an owner, potential
10-24 purchaser, lessor, or potential lessee on the basis of race, color,
10-25 religion, sex, national origin, or ancestry, including directing
10-26 prospective home buyers or lessees interested in equivalent
10-27 properties to different areas according to the race, color,
11-1 religion, sex, national origin, or ancestry of the potential owner
11-2 or lessee;
11-3 (7) the licensee has failed or refused on demand to
11-4 produce a document, book, or record in the licensee's possession
11-5 concerning a real estate transaction conducted by the licensee for
11-6 inspection by the commission or its authorized personnel or
11-7 representative;
11-8 (8) the licensee has failed within a reasonable time
11-9 to provide information requested by the commission as a result of a
11-10 formal or informal complaint to the commission which would indicate
11-11 a violation of this Act; or
11-12 (9) the licensee has failed without just cause to
11-13 surrender to the rightful owner, on demand, a document or
11-14 instrument coming into the licensee's possession.
11-15 SECTION 5. Section 15B(e), The Real Estate License Act
11-16 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
11-17 as follows:
11-18 (e) The commission may authorize a commission employee to
11-19 file a signed written complaint against a licensee and to conduct
11-20 an investigation if:
11-21 (1) a judgment against the licensee has been paid from
11-22 a recovery fund established under this Act;
11-23 (2) the licensee is convicted of a criminal offense
11-24 that may constitute grounds for the suspension or revocation of the
11-25 licensee's license; [or]
11-26 (3) the licensee fails to make good a check issued to
11-27 the commission;
12-1 (4) the licensee fails to comply with a commission
12-2 rule adopted under Section 7A(g) of this Act; or
12-3 (5) the licensee fails to provide within a reasonable
12-4 time information requested by the commission for the renewal of a
12-5 license.
12-6 SECTION 6. Sections 19A(a), (b), (d), (h), (j), (m), and
12-7 (o), The Real Estate License Act (Article 6573a, Vernon's Texas
12-8 Civil Statutes), are amended to read as follows:
12-9 (a) If a person [licensed under this Act] violates this Act
12-10 or a rule or order adopted by the commission under this Act, the
12-11 commission may assess an administrative penalty against the person
12-12 as provided by this section.
12-13 (b) The penalty for each violation shall be set in an amount
12-14 not to exceed $1,000 a day. Each day a violation continues or
12-15 occurs may be considered a separate violation for the purpose of
12-16 the assessment of a penalty.
12-17 (d) If, after investigation of a possible violation and the
12-18 facts surrounding that possible violation, the administrator
12-19 determines that a violation has occurred, the administrator may
12-20 issue a violation report stating the facts on which the conclusion
12-21 that a violation occurred is based, recommending that an
12-22 administrative penalty under this section be imposed on the person
12-23 charged, and recommending the amount of that proposed penalty. The
12-24 administrator shall base the recommended amount of the proposed
12-25 penalty on the seriousness of the violation determined by the
12-26 consideration of the factors set forth in Subsection (c) of this
12-27 section. The commission may authorize the administrator to
13-1 delegate authority to another employee of the commission to act
13-2 under this section.
13-3 (h) If the person charged requests a hearing or fails to
13-4 timely respond to the notice, the administrator shall set a hearing
13-5 and give notice of the hearing. The hearing shall be held by a
13-6 hearing examiner designated by the administrator. The hearing
13-7 examiner shall make findings of fact and conclusions of law and
13-8 promptly issue to the commission a proposal for decision as to the
13-9 occurrence of the violation, including a recommendation as to the
13-10 amount of the proposed penalty if a penalty is warranted. Based on
13-11 the findings of fact, conclusions of law, and recommendations of
13-12 the hearing examiner, the commission by order may find a violation
13-13 has occurred and may assess a penalty or may find that no violation
13-14 has occurred. All proceedings under this subsection are subject to
13-15 Chapter 2001, Government Code. The commission may authorize the
13-16 hearing examiner to conduct the hearing and to enter a final
13-17 decision [the Administrative Procedure and Texas Register Act
13-18 (Article 6252-13a, Vernon's Texas Civil Statutes)].
13-19 (j) Within the 30-day period immediately following the date
13-20 on which the order becomes final as provided by Chapter 2001,
13-21 Government Code [Subsection (c), Section 16, Administrative
13-22 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
13-23 Civil Statutes)], the person charged with the penalty shall:
13-24 (1) pay the penalty in full; or
13-25 (2) if the person files a petition for judicial review
13-26 contesting either the amount of the penalty or the fact of the
13-27 violation or contesting both the fact of the violation and the
14-1 amount of the penalty:
14-2 (A) forward the amount to the administrator for
14-3 placement in an escrow account; or
14-4 (B) in lieu of payment into escrow, post with
14-5 the administrator a supersedeas bond in a form approved by the
14-6 administrator for the amount of the penalty, the bond to be
14-7 effective until all judicial review of the order or decision is
14-8 final.
14-9 (m) Judicial review of the order or decision of the
14-10 commission assessing the penalty shall be under the substantial
14-11 evidence rule and shall be instituted by filing a petition with a
14-12 district court in Travis County, as provided by Chapter 2001,
14-13 Government Code [Section 19, Administrative Procedure and Texas
14-14 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
14-15 (o) A penalty collected under this section for a violation
14-16 by a person licensed as a real estate broker or salesperson shall
14-17 be deposited in the real estate recovery trust account [fund]. A
14-18 penalty collected under this section for a violation by a person
14-19 licensed or registered as a real estate inspector shall be
14-20 deposited in the real estate inspection recovery trust fund. A
14-21 penalty collected under this section for a violation by a person
14-22 who is not licensed under this Act shall be deposited either in the
14-23 real estate recovery trust account or in the real estate inspection
14-24 recovery trust fund.
14-25 SECTION 7. Section 23(h)(1), The Real Estate License Act
14-26 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
14-27 as follows:
15-1 (1) The commission shall charge and collect reasonable
15-2 and necessary fees to recover the cost of administering this
15-3 section as follows:
15-4 (A) a fee not to exceed $75 for the filing of an
15-5 original application for a license as an apprentice inspector;
15-6 (B) a fee not to exceed $125 for the filing of
15-7 an original application for a license as a real estate inspector;
15-8 (C) a fee not to exceed $150 for the filing of
15-9 an original application for a license as a professional inspector;
15-10 (D) a fee not to exceed $125 for the annual
15-11 license renewal of an apprentice inspector;
15-12 (E) a fee not to exceed $175 for the annual
15-13 license renewal of a real estate inspector;
15-14 (F) a fee not to exceed $200 for the annual
15-15 license renewal of a professional inspector;
15-16 (G) a fee not to exceed $100 for taking a
15-17 license examination; [and]
15-18 (H) a fee not to exceed $20 for a request for a
15-19 change of place of business or to replace a lost or destroyed
15-20 license; and
15-21 (I) a fee not to exceed $20 for filing a request
15-22 for a change of name on a license, return to active status, or
15-23 change in sponsoring professional inspector.
15-24 SECTION 8. Section 23(k), The Real Estate License Act
15-25 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
15-26 as follows:
15-27 (k) Continuing education programs. The commission shall
16-1 recognize, prepare, or administer continuing education programs for
16-2 inspectors. Participation in the programs is mandatory. A real
16-3 estate inspector must submit satisfactory evidence to the
16-4 commission of successful completion of at least eight [four]
16-5 classroom hours of core real estate inspection courses annually
16-6 before a licensed renewal is issued. A professional inspector must
16-7 submit satisfactory evidence to the commission of successful
16-8 completion of at least 16 [eight] classroom hours of core [related]
16-9 real estate inspection courses annually before a license renewal is
16-10 issued.
16-11 SECTION 9. Sections 23(o)(3), (7), and (15), The Real Estate
16-12 License Act (Article 6573a, Vernon's Texas Civil Statutes), are
16-13 amended to read as follows:
16-14 (3) If at any time [on December 31 of any year] the
16-15 balance remaining in the real estate inspection recovery trust fund
16-16 is less than $300,000, each inspector, on the next renewal of the
16-17 person's license, shall pay, in addition to the license renewal
16-18 fee, a fee of $75, or a pro rata share of the amount necessary to
16-19 bring the fund to $450,000, whichever is less, which shall be
16-20 deposited in the real estate inspection recovery trust fund.
16-21 Notwithstanding any other provision of this Act, to ensure that
16-22 sufficient money is available to pay anticipated claims on the
16-23 fund, the commission may provide by rule for the collection of
16-24 assessments at times and under conditions other than those
16-25 specified by this Act.
16-26 (7) The court shall proceed on the application
16-27 forthwith. On the hearing on the application, the aggrieved person
17-1 is required to show:
17-2 (A) that the judgment is based on facts allowing
17-3 recovery under Subdivision (1) of this subsection;
17-4 (B) that the person is not a spouse of the
17-5 debtor or the personal representative of the spouse and the person
17-6 is not an inspector, as defined by this section;
17-7 (C) [that the person has obtained a judgment
17-8 under Subdivision (6) of this subsection that is not subject to a
17-9 stay or discharge in bankruptcy, stating the amount of the judgment
17-10 and the amount owing on the judgment at the date of the
17-11 application;]
17-12 [(D)] that based on the best information
17-13 available, the judgment debtor lacks sufficient attachable assets
17-14 in this state or any other state to satisfy the judgment; and
17-15 (D) [(E)] the amount that may be realized from
17-16 the sale of real or personal property or other assets liable to be
17-17 sold or applied in satisfaction of the judgment and the balance
17-18 remaining due on the judgment after application of the amount that
17-19 may be realized.
17-20 (15) Notwithstanding any other provision, payments
17-21 from the real estate inspection recovery trust fund are subject to
17-22 the following conditions and limitations:
17-23 (A) payments may be made only pursuant to an
17-24 order of a court of competent jurisdiction, as provided by
17-25 Subdivision (6) of this subsection, and in the manner prescribed by
17-26 this subsection;
17-27 (B) payments for claims, including attorney
18-1 fees, interest, and court costs, arising out of the same
18-2 transaction shall be limited in the aggregate to $10,000 [$7,500]
18-3 regardless of the number of claimants; and
18-4 (C) payments for claims based on judgments
18-5 against a licensed inspector may not exceed in the aggregate
18-6 $30,000 [$15,000] until the fund has been reimbursed by the
18-7 licensee for all amounts paid.
18-8 SECTION 10. (a) Except as otherwise provided by this
18-9 section, this Act takes effect September 1, 1999.
18-10 (b) Section 7(e), The Real Estate License Act (Article
18-11 6573a, Vernon's Texas Civil Statutes), as amended by this Act,
18-12 applies only to an application filed on or after January 1, 2000.
18-13 An application filed before January 1, 2000, is governed by the law
18-14 existing immediately before this Act takes effect.
18-15 (c) Section 23(k), The Real Estate License Act (Article
18-16 6573a, Vernon's Texas Civil Statutes), as amended by this Act,
18-17 applies only to continuing education requirements for the renewal
18-18 of an inspector license on or after December 31, 1999.
18-19 (d) Section 23(o)(15), The Real Estate License Act (Article
18-20 6573a, Vernon's Texas Civil Statutes), as amended by this Act,
18-21 applies only to a cause of action that accrues on or after the
18-22 effective date of this Act. A cause of action that accrues before
18-23 the effective date of this Act is governed by the law in effect on
18-24 the date the cause of action accrued, and that law is continued in
18-25 effect for that purpose.
18-26 SECTION 11. Section 11, The Real Estate License Act (Article
18-27 6573a, Vernon's Texas Civil Statutes), as amended by this Act,
19-1 applies only to a fee for a transcript that is evaluated on or
19-2 after the effective date of this Act. A fee for a transcript
19-3 evaluated before the effective date of this Act is governed by the
19-4 law in effect on the date the transcript was evaluated, and that
19-5 law is continued in effect for that purpose.
19-6 SECTION 12. Section 19A(a), The Real Estate License Act
19-7 (Article 6573a, Vernon's Texas Civil Statutes), as amended by this
19-8 Act, applies only to a violation that occurs on or after the
19-9 effective date of this Act. A violation that occurs before the
19-10 effective date of this Act is governed by the law in effect on the
19-11 date the violation occurred, and that law is continued in effect
19-12 for that purpose.