By Pickett H.B. No. 659
77R1844 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 8(c) and (f), The Real Estate License
1-22 Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
1-23 read as follows:
1-24 (c) On determination by the commission at any time that [If
2-1 on December 31 of any year] the balance remaining in the real
2-2 estate recovery fund is less than $1 million, each real estate
2-3 broker and each real estate salesperson, on the next renewal of the
2-4 license, shall pay, in addition to the license renewal fee, a fee
2-5 of $10, which shall be deposited in the real estate recovery fund,
2-6 or a pro rata share of the amount necessary to bring the fund to
2-7 $1.7 million, whichever is less. If on December 31 of any year the
2-8 balance remaining in the real estate recovery fund is more than
2-9 $3.5 million or more than the total amount of claims paid from the
2-10 fund during the previous four fiscal years, whichever is greater,
2-11 the amount of money in excess of the greater amount shall be
2-12 transferred to the general revenue fund. To ensure the
2-13 availability of a sufficient amount of money to pay anticipated
2-14 claims on the fund, the commission by rule may provide for the
2-15 collection of assessments at different times and under conditions
2-16 other than those specified in this Act.
2-17 (f) The court shall proceed on the application forthwith.
2-18 On the hearing on the application, the aggrieved person is required
2-19 to show that:
2-20 (1) the judgment is based on facts allowing recovery
2-21 under Subsection (a) of this section;
2-22 (2) the person is not a spouse of the debtor, or the
2-23 personal representative of the spouse; and the person is not a
2-24 registrant under Section 9A of this Act or a real estate broker or
2-25 salesperson, as defined by this Act, who is seeking to recover a
2-26 real estate commission or any compensation in the transaction or
2-27 transactions for which the application for payment is made;
3-1 (3) [the person has obtained a judgment under
3-2 Subsection (e) of this section that is not subject to a stay or
3-3 discharge in bankruptcy, stating the amount of the judgment and the
3-4 amount owing on the judgment at the date of the application;]
3-5 [(4)] based on the best available information, the
3-6 judgment debtor lacks sufficient attachable assets in this state or
3-7 any other state to satisfy the judgment; and
3-8 (4) [(5)] the amount that may be realized from the
3-9 sale of real or personal property or other assets liable to be sold
3-10 or applied in satisfaction of the judgment and the balance
3-11 remaining due on the judgment after application of the amount that
3-12 may be realized.
3-13 SECTION 3. Section 11, The Real Estate License Act (Article
3-14 6573a, Vernon's Texas Civil Statutes), is amended to read as
3-15 follows:
3-16 Sec. 11. The commission shall charge and collect the
3-17 following fees:
3-18 (1) a fee not to exceed $100 for the filing of an
3-19 original application for a real estate broker license;
3-20 (2) a fee not to exceed $100 for annual renewal of a
3-21 real estate broker license;
3-22 (3) a fee not to exceed $50 for the filing of an
3-23 original application for a real estate salesperson license;
3-24 (4) a fee not to exceed $50 for annual renewal of a
3-25 real estate salesperson license;
3-26 (5) a fee not to exceed $50 for an application for a
3-27 license examination;
4-1 (6) a fee not to exceed $20 for filing a request for a
4-2 license for each additional office or place of business;
4-3 (7) a fee not to exceed $20 for filing a request for a
4-4 license or certificate of registration for a change of place of
4-5 business, change of name, return to active status, or change of
4-6 sponsoring broker;
4-7 (8) a fee not to exceed $20 for filing a request to
4-8 replace a license or certificate of registration lost or destroyed;
4-9 (9) a fee not to exceed $400 for filing an application
4-10 for approval of an education program under Section 7(f) of this
4-11 Act;
4-12 (10) a fee not to exceed $200 a year for operation of
4-13 an education program under Section 7(f) of this Act;
4-14 (11) a fee of $20 [$15] for transcript evaluation;
4-15 (12) a fee not to exceed $10 for preparing a license
4-16 or registration history;
4-17 (13) a fee not to exceed $50 for the filing of an
4-18 application for a moral character determination;
4-19 (14) an annual fee of $20 from each real estate broker
4-20 and each registrant under Section 9A of this Act to be transmitted
4-21 to Texas A&M University for the Texas Real Estate Research Center
4-22 as provided by Section 5(m) of this Act;
4-23 (15) an annual fee of $17.50 from each real estate
4-24 salesperson to be transmitted to Texas A&M University for the Texas
4-25 Real Estate Research Center as provided by Section 5(m) of this
4-26 Act;
4-27 (16) an annual fee of $80 from each registrant under
5-1 Section 9A of this Act; and
5-2 (17) any fee authorized under Section 8 of this Act
5-3 for the real estate recovery fund.
5-4 SECTION 4. Section 15(a), The Real Estate License Act
5-5 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
5-6 as follows:
5-7 (a) The commission may, on its own motion, and shall, on the
5-8 signed complaint in writing of any person [a consumer or service
5-9 recipient], provided the complaint, or the complaint together with
5-10 evidence, documentary or otherwise, presented in connection with
5-11 the complaint, provides reasonable cause, investigate the actions
5-12 and records of a real estate broker or real estate salesperson.
5-13 The commission may suspend or revoke a license issued under the
5-14 provisions of this Act or take other disciplinary action authorized
5-15 by this Act at any time when it has been determined that:
5-16 (1) the licensee has entered a plea of guilty or nolo
5-17 contendere to, or been found guilty of, or been convicted of, a
5-18 felony, in which fraud is an essential element, and the time for
5-19 appeal has elapsed or the judgment or conviction has been affirmed
5-20 on appeal, irrespective of an order granting probation following
5-21 such conviction, suspending the imposition of sentence;
5-22 (2) the licensee has procured, or attempted to
5-23 procure, a real estate license, for the licensee or a salesperson,
5-24 by fraud, misrepresentation or deceit, or by making a material
5-25 misstatement of fact in an application for a real estate license;
5-26 (3) the licensee, when selling, buying, trading, or
5-27 renting real property in the licensee's own name, engaged in
6-1 misrepresentation or dishonest or fraudulent action;
6-2 (4) the licensee has failed within a reasonable time
6-3 to make good a check issued to the commission after the commission
6-4 has mailed a request for payment by certified mail to the
6-5 licensee's last known business address as reflected by the
6-6 commission's records;
6-7 (5) the licensee has disregarded or violated a
6-8 provision of this Act;
6-9 (6) the licensee, while performing an act constituting
6-10 an act of a broker or salesperson, as defined by this Act, has been
6-11 guilty of:
6-12 (A) making a material misrepresentation, or
6-13 failing to disclose to a potential purchaser any latent structural
6-14 defect or any other defect known to the broker or salesperson.
6-15 Latent structural defects and other defects do not refer to trivial
6-16 or insignificant defects but refer to those defects that would be a
6-17 significant factor to a reasonable and prudent purchaser in making
6-18 a decision to purchase;
6-19 (B) making a false promise of a character likely
6-20 to influence, persuade, or induce any person to enter into a
6-21 contract or agreement when the licensee could not or did not intend
6-22 to keep such promise;
6-23 (C) pursuing a continued and flagrant course of
6-24 misrepresentation or making of false promises through agents,
6-25 salespersons, advertising, or otherwise;
6-26 (D) failing to make clear, to all parties to a
6-27 transaction, which party the licensee is acting for, or receiving
7-1 compensation from more than one party except with the full
7-2 knowledge and consent of all parties;
7-3 (E) failing within a reasonable time properly to
7-4 account for or remit money coming into the licensee's possession
7-5 which belongs to others, or commingling money belonging to others
7-6 with the licensee's own funds;
7-7 (F) paying a commission or fees to or dividing a
7-8 commission or fees with anyone not licensed as a real estate broker
7-9 or salesperson in this state or in any other state for compensation
7-10 for services as a real estate agent;
7-11 (G) failing to specify a definite termination
7-12 date that is not subject to prior notice in a contract, other than
7-13 a contract to perform property management services, in which the
7-14 licensee agrees to perform services for which a license is required
7-15 under this Act;
7-16 (H) accepting, receiving, or charging an
7-17 undisclosed commission, rebate, or direct profit on expenditures
7-18 made for a principal;
7-19 (I) soliciting, selling, or offering for sale
7-20 real property under a scheme or program that constitutes a lottery
7-21 or deceptive practice;
7-22 (J) acting in the dual capacity of broker and
7-23 undisclosed principal in a transaction;
7-24 (K) guaranteeing, authorizing, or permitting a
7-25 person to guarantee that future profits will result from a resale
7-26 of real property;
7-27 (L) placing a sign on real property offering it
8-1 for sale, lease, or rent without the written consent of the owner
8-2 or the owner's authorized agent;
8-3 (M) inducing or attempting to induce a party to
8-4 a contract of sale or lease to break the contract for the purpose
8-5 of substituting in lieu thereof a new contract;
8-6 (N) negotiating or attempting to negotiate the
8-7 sale, exchange, lease, or rental of real property with an owner,
8-8 lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or
8-9 tenant had a written outstanding contract, granting exclusive
8-10 agency in connection with the transaction to another real estate
8-11 broker;
8-12 (O) offering real property for sale or for lease
8-13 without the knowledge and consent of the owner or the owner's
8-14 authorized agent, or on terms other than those authorized by the
8-15 owner or the owner's authorized agent;
8-16 (P) publishing, or causing to be published, an
8-17 advertisement including, but not limited to, advertising by
8-18 newspaper, radio, television, the Internet, or display which is
8-19 misleading, or which is likely to deceive the public, or which in
8-20 any manner tends to create a misleading impression, or which fails
8-21 to identify the person causing the advertisement to be published as
8-22 a licensed real estate broker or agent;
8-23 (Q) having knowingly withheld from or inserted
8-24 in a statement of account or invoice, a statement that made it
8-25 inaccurate in a material particular;
8-26 (R) publishing or circulating an unjustified or
8-27 unwarranted threat of legal proceedings, or other action;
9-1 (S) establishing an association, by employment
9-2 or otherwise, with an unlicensed person who is expected or required
9-3 to act as a real estate licensee, or aiding or abetting or
9-4 conspiring with a person to circumvent the requirements of this
9-5 Act;
9-6 (T) failing or refusing on demand to furnish
9-7 copies of a document pertaining to a transaction dealing with real
9-8 estate to a person whose signature is affixed to the document;
9-9 (U) failing to advise a purchaser in writing
9-10 before the closing of a transaction that the purchaser should
9-11 either have the abstract covering the real estate which is the
9-12 subject of the contract examined by an attorney of the purchaser's
9-13 own selection, or be furnished with or obtain a policy of title
9-14 insurance;
9-15 (V) conduct which constitutes dishonest
9-16 dealings, bad faith, or untrustworthiness;
9-17 (W) acting negligently or incompetently in
9-18 performing an act for which a person is required to hold a real
9-19 estate license;
9-20 (X) disregarding or violating a provision of
9-21 this Act;
9-22 (Y) failing within a reasonable time to deposit
9-23 money received as escrow agent in a real estate transaction, either
9-24 in trust with a title company authorized to do business in this
9-25 state, or in a custodial, trust, or escrow account maintained for
9-26 that purpose in a banking institution authorized to do business in
9-27 this state;
10-1 (Z) disbursing money deposited in a custodial,
10-2 trust, or escrow account, as provided in Subsection (Y) before the
10-3 transaction concerned has been consummated or finally otherwise
10-4 terminated; or
10-5 (AA) discriminating against an owner, potential
10-6 purchaser, lessor, or potential lessee on the basis of race, color,
10-7 religion, sex, national origin, or ancestry, including directing
10-8 prospective home buyers or lessees interested in equivalent
10-9 properties to different areas according to the race, color,
10-10 religion, sex, national origin, or ancestry of the potential owner
10-11 or lessee;
10-12 (7) the licensee has failed or refused on demand to
10-13 produce a document, book, or record in the licensee's possession
10-14 concerning a real estate transaction conducted by the licensee for
10-15 inspection by the commission or its authorized personnel or
10-16 representative;
10-17 (8) the licensee has failed within a reasonable time
10-18 to provide information requested by the commission as a result of a
10-19 formal or informal complaint to the commission which would indicate
10-20 a violation of this Act; or
10-21 (9) the licensee has failed without just cause to
10-22 surrender to the rightful owner, on demand, a document or
10-23 instrument coming into the licensee's possession.
10-24 SECTION 5. Section 15B(e), The Real Estate License Act
10-25 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
10-26 as follows:
10-27 (e) The commission may authorize a commission employee to
11-1 file a signed written complaint against a licensee and to conduct
11-2 an investigation if:
11-3 (1) a judgment against the licensee has been paid from
11-4 a recovery fund established under this Act;
11-5 (2) the licensee is convicted of a criminal offense
11-6 that may constitute grounds for the suspension or revocation of the
11-7 licensee's license; [or]
11-8 (3) the licensee fails to make good a check issued to
11-9 the commission;
11-10 (4) the licensee fails to comply with a commission
11-11 rule adopted under Section 7A(g) of this Act; or
11-12 (5) the licensee fails to provide, within a reasonable
11-13 time, information requested by the commission in connection with an
11-14 application to renew a license.
11-15 SECTION 6. Sections 19A(a), (b), (d), (h), (m), and (o), The
11-16 Real Estate License Act (Article 6573a, Vernon's Texas Civil
11-17 Statutes), are amended to read as follows:
11-18 (a) If a person [licensed under this Act] violates this Act
11-19 or a rule or order adopted by the commission under this Act, the
11-20 commission may assess an administrative penalty against the person
11-21 as provided by this section.
11-22 (b) The penalty for each violation shall be set in an amount
11-23 not to exceed $1,000 a day. Each day a violation continues or
11-24 occurs may be considered a separate violation for purposes of
11-25 penalty assessment.
11-26 (d) If, after investigation of a possible violation and the
11-27 facts surrounding that possible violation, the administrator
12-1 determines that a violation has occurred, the administrator may
12-2 issue a violation report stating the facts on which the conclusion
12-3 that a violation occurred is based, recommending that an
12-4 administrative penalty under this section be imposed on the person
12-5 charged, and recommending the amount of that proposed penalty. The
12-6 administrator shall base the recommended amount of the proposed
12-7 penalty on the seriousness of the violation determined by the
12-8 consideration of the factors set forth in Subsection (c) of this
12-9 section. The commission may authorize the administrator to
12-10 delegate to another commission employee the administrator's
12-11 authority to act under this section.
12-12 (h) If the person charged requests a hearing or fails to
12-13 timely respond to the notice, the administrator shall set a hearing
12-14 and give notice of the hearing. The hearing shall be held by a
12-15 hearing examiner designated by the administrator. The hearing
12-16 examiner shall make findings of fact and conclusions of law and
12-17 promptly issue to the commission a proposal for decision as to the
12-18 occurrence of the violation, including a recommendation as to the
12-19 amount of the proposed penalty if a penalty is warranted. Based on
12-20 the findings of fact, conclusions of law, and recommendations of
12-21 the hearing examiner, the commission by order may find a violation
12-22 has occurred and may assess a penalty or may find that no violation
12-23 has occurred. All proceedings under this subsection are subject to
12-24 Chapter 2001, Government Code [the Administrative Procedure and
12-25 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-26 Statutes)]. The commission may authorize the hearing examiner to
12-27 conduct the hearing and enter a final decision.
13-1 (m) Judicial review of the order or decision of the
13-2 commission assessing the penalty shall be under the substantial
13-3 evidence rule and shall be instituted by filing a petition with a
13-4 district court in Travis County, as provided by Chapter 2001,
13-5 Government Code [Section 19, Administrative Procedure and Texas
13-6 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
13-7 (o) A penalty collected under this section for a violation
13-8 by a person licensed as a real estate broker or salesperson shall
13-9 be deposited in the real estate recovery fund. A penalty collected
13-10 under this section for a violation by a person licensed or
13-11 registered as a real estate inspector shall be deposited in the
13-12 real estate inspection recovery fund. A penalty collected under
13-13 this section for a violation by a person who is not licensed under
13-14 this Act shall be deposited in the real estate recovery fund or the
13-15 real estate inspection recovery fund, as determined by the
13-16 commission.
13-17 SECTION 7. Section 23(h)(1), The Real Estate License Act
13-18 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
13-19 as follows:
13-20 (1) The commission shall charge and collect reasonable
13-21 and necessary fees to recover the cost of administering this
13-22 section as follows:
13-23 (A) a fee not to exceed $75 for the filing of an
13-24 original application for a license as an apprentice inspector;
13-25 (B) a fee not to exceed $125 for the filing of
13-26 an original application for a license as a real estate inspector;
13-27 (C) a fee not to exceed $150 for the filing of
14-1 an original application for a license as a professional inspector;
14-2 (D) a fee not to exceed $125 for the annual
14-3 license renewal of an apprentice inspector;
14-4 (E) a fee not to exceed $175 for the annual
14-5 license renewal of a real estate inspector;
14-6 (F) a fee not to exceed $200 for the annual
14-7 license renewal of a professional inspector;
14-8 (G) a fee not to exceed $100 for taking a
14-9 license examination; [and]
14-10 (H) a fee not to exceed $20 for a request for a
14-11 change of place of business or to replace a lost or destroyed
14-12 license; and
14-13 (I) a fee not to exceed $20 for filing a request
14-14 for issuance of a license because of a change of name, return to
14-15 active status, or change in sponsoring professional inspector.
14-16 SECTION 8. Section 23(i)(1), The Real Estate License Act
14-17 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
14-18 as follows:
14-19 (1) The commission shall prescribe the licensing
14-20 examinations, which shall be prepared by or contracted for by the
14-21 commission. A licensing examination shall evaluate competency in
14-22 the subject matter of all required core real estate inspection
14-23 courses. The licensing examination shall be offered not less often
14-24 than once every two months in Austin. If a license applicant fails
14-25 the examination, the applicant may apply for reexamination by
14-26 filing a request with the commission and paying the examination
14-27 fee. Each license applicant must satisfy the examination
15-1 requirement not later than six months after the date on which the
15-2 license application is filed. A license applicant who fails to
15-3 satisfy the examination requirement within six months after the
15-4 date on which the license application is filed must submit a new
15-5 license application with the commission and pay the examination fee
15-6 to be eligible for examination. The commission by rule may limit
15-7 the number of times an applicant may take all or part of the
15-8 examination and may set a reasonable waiting period before a person
15-9 who fails an examination may file another application. The rules
15-10 adopted by the commission may permit a person to file another
15-11 application without regard to the waiting period if the person has
15-12 completed additional courses of study specified by the commission.
15-13 [If a license applicant fails the examination three consecutive
15-14 times in connection with the same application, the applicant may
15-15 not apply for reexamination or submit a new license application
15-16 with the commission for six months from the date he failed the last
15-17 examination.]
15-18 SECTION 9. Section 23(k), The Real Estate License Act
15-19 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
15-20 as follows:
15-21 (k) Continuing education programs. The commission shall
15-22 recognize, prepare, or administer continuing education programs for
15-23 inspectors. Participation in the programs is mandatory. A real
15-24 estate inspector must submit satisfactory evidence to the
15-25 commission of successful completion of at least eight [four]
15-26 classroom hours of core real estate inspection courses annually
15-27 before a license [licensed] renewal is issued. A professional
16-1 inspector must submit satisfactory evidence to the commission of
16-2 successful completion of at least 16 [eight] classroom hours of
16-3 core [related] real estate inspection courses annually before a
16-4 license renewal is issued.
16-5 SECTION 10. Sections 23(o)(3), (7), and (15), The Real
16-6 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
16-7 are amended to read as follows:
16-8 (3) If at [on December 31 of] any time [year] the
16-9 balance remaining in the real estate inspection recovery fund is
16-10 less than $300,000, each inspector, on the next renewal of the
16-11 person's license, shall pay, in addition to the license renewal
16-12 fee, a fee of $75, or a pro rata share of the amount necessary to
16-13 bring the fund to $450,000, whichever is less, which shall be
16-14 deposited in the real estate inspection recovery fund. To ensure
16-15 the availability of a sufficient amount of money to pay anticipated
16-16 claims on the fund, the commission by rule may provide for the
16-17 collection of assessments at different times and under conditions
16-18 other than those specified by this Act.
16-19 (7) The court shall proceed on the application
16-20 forthwith. On the hearing on the application, the aggrieved person
16-21 is required to show:
16-22 (A) that the judgment is based on facts allowing
16-23 recovery under Subdivision (1) of this subsection;
16-24 (B) that the person is not a spouse of the
16-25 debtor or the personal representative of the spouse and the person
16-26 is not an inspector, as defined by this section;
16-27 (C) [that the person has obtained a judgment
17-1 under Subdivision (6) of this subsection that is not subject to a
17-2 stay or discharge in bankruptcy, stating the amount of the judgment
17-3 and the amount owing on the judgment at the date of the
17-4 application;]
17-5 [(D)] that based on the best information
17-6 available, the judgment debtor lacks sufficient attachable assets
17-7 in this state or any other state to satisfy the judgment; and
17-8 (D) [(E)] the amount that may be realized from
17-9 the sale of real or personal property or other assets liable to be
17-10 sold or applied in satisfaction of the judgment and the balance
17-11 remaining due on the judgment after application of the amount that
17-12 may be realized.
17-13 (15) Notwithstanding any other provision, payments
17-14 from the real estate inspection recovery fund are subject to the
17-15 following conditions and limitations:
17-16 (A) payments may be made only pursuant to an
17-17 order of a court of competent jurisdiction, as provided by
17-18 Subdivision (6) of this subsection, and in the manner prescribed by
17-19 this subsection;
17-20 (B) payments for claims, including attorney
17-21 fees, interest, and court costs, arising out of the same
17-22 transaction shall be limited in the aggregate to $10,000 [$7,500]
17-23 regardless of the number of claimants; and
17-24 (C) payments for claims based on judgments
17-25 against a licensed inspector may not exceed in the aggregate
17-26 $30,000 [$15,000] until the fund has been reimbursed by the
17-27 licensee for all amounts paid.
18-1 SECTION 11. (a) This Act takes effect September 1, 2001.
18-2 (b) The change in law made by this Act to Section 23(k), The
18-3 Real Estate License Act (Article 6573a, Vernon's Texas Civil
18-4 Statutes), applies only to the renewal of a real estate inspector
18-5 or professional inspector license that expires on or after December
18-6 31, 2001. A license that expires before that date is governed by
18-7 the law in effect on the date the license expired, and the former
18-8 law is continued in effect for that purpose.
18-9 (c) The change in law made to Sections 8(f) and 23(o)(7),
18-10 The Real Estate License Act (Article 6573a, Vernon's Texas Civil
18-11 Statutes), applies only to a cause of action that arises on or
18-12 after the effective date of this Act. A cause of action that
18-13 arises before the effective date of this Act is governed by the law
18-14 in effect on the date the cause of action arose, and the former law
18-15 is continued in effect for that purpose.
18-16 (d) A change in law made by this Act that relates to a
18-17 disciplinary action or imposition of an administrative penalty
18-18 applies only to a violation of The Real Estate License Act (Article
18-19 6573a, Vernon's Texas Civil Statutes) that occurs on or after the
18-20 effective date of this Act. A violation that occurs before the
18-21 effective date of this Act is governed by the law in effect on the
18-22 date the violation occurred, and the former law is continued in
18-23 effect for that purpose.