By Wentworth                                           S.B. No. 362
         77R2367 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain occupations by the Texas Real
 1-3     Estate Commission; providing penalties.
 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 (Article
 1-6     6573a, Vernon's Texas Civil Statutes), is amended to read as
 1-7     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     shall join the person in filing an application for a salesperson
1-13     license on a form prescribed by the commission.]  A person
1-14     previously licensed as a broker may apply for inactive status.  A
1-15     person desiring to act as a real estate salesperson in this state
1-16     must [previously licensed as a salesperson may] apply for a
1-17     salesperson license on a form prescribed by the commission.  If the
1-18     person satisfies all requirements for a salesperson license, the
1-19     commission may issue an inactive salesperson license to the person.
1-20     The person may not act as a salesperson unless the person is
1-21     sponsored by a licensed broker who has notified the commission and
1-22     paid the fee for issuance of an active license to the salesperson
1-23     as required by Section 13(b) of this Act [inactive status without
1-24     the participation of a broker.  The person must apply for inactive
 2-1     status on a form prescribed by the commission not later than the
 2-2     first anniversary of the date of the expiration of the broker or
 2-3     salesperson license].
 2-4           SECTION 2. Sections 7(a), (b), (d), and (e), The Real Estate
 2-5     License Act (Article 6573a, Vernon's Texas Civil Statutes), are
 2-6     amended to read as follows:
 2-7           (a)  Competency as referred to in Section 6 of this Act shall
 2-8     be established by an examination prepared by or contracted for by
 2-9     the commission.  The examination shall be given at such times and
2-10     at such places within the state as the commission shall prescribe.
2-11     The examination shall be of scope sufficient in the judgment of the
2-12     commission to determine that a person is competent to act as a real
2-13     estate broker or salesperson in a manner to protect the interest of
2-14     the public.  The examination for a salesperson license shall be
2-15     less exacting and less stringent than the examination for a broker
2-16     license.  The commission shall furnish each applicant with study
2-17     material and references on which the examination shall be based.
2-18     When an applicant for a real estate license fails a qualifying
2-19     examination, the applicant may apply for reexamination by filing a
2-20     request therefor together with the proper fee.  The examination
2-21     requirement must be satisfied not later than six months after the
2-22     date on which the application for a license is filed.  The
2-23     commission by rule may limit the number of times an applicant may
2-24     take all or part of the examination and may prescribe a reasonable
2-25     waiting period before a person who fails an examination may file
2-26     another application.  The rules adopted by the commission may
2-27     permit a person to file another application without regard to the
 3-1     waiting period if the person has completed additional courses of
 3-2     study specified by the commission.  Courses of study required for a
 3-3     license may include but are not limited to the following, which
 3-4     shall be considered core real estate courses for all purposes of
 3-5     this Act:
 3-6                 (1)  Principles of Real Estate (or equivalent) shall
 3-7     include but not be limited to an overview of licensing as a real
 3-8     estate broker and salesperson, ethics of practice, titles to and
 3-9     conveyancing of real estate, legal descriptions, deeds,
3-10     encumbrances and liens, distinctions between personal and real
3-11     property, appraisal, finance and regulations, closing procedures,
3-12     real estate mathematics, and at least three classroom hours of
3-13     instruction on federal, state, and local laws relating to housing
3-14     discrimination, housing credit discrimination, and community
3-15     reinvestment.
3-16                 (2)  Real Estate Appraisal (or equivalent) shall
3-17     include but not be limited to the central purposes and functions of
3-18     an appraisal, social and economic determinant of value, appraisal
3-19     case studies, cost, market data and income approaches to value
3-20     estimates, final correlations, and reporting.
3-21                 (3)  Real Estate Law (or equivalent) shall include but
3-22     not be limited to legal concepts of real estate, land description,
3-23     real property rights and estates in land, contracts, conveyances,
3-24     encumbrances, foreclosures, recording procedures, and evidence of
3-25     titles.
3-26                 (4)  Real Estate Finance (or equivalent) shall include
3-27     but not be limited to monetary systems, primary and secondary money
 4-1     markets, sources of mortgage loans, federal government programs,
 4-2     loan applications, processes and procedures, closing costs,
 4-3     alternative financial instruments, equal credit opportunity acts,
 4-4     community reinvestment act, and state housing agency.
 4-5                 (5)  Real Estate Marketing (or equivalent) shall
 4-6     include but not be limited to real estate professionalism and
 4-7     ethics, characteristics of successful salespersons, time
 4-8     management, psychology of marketing, listing procedures,
 4-9     advertising, negotiating and closing, financing, and the Deceptive
4-10     Trade Practices-Consumer Protection Act, as amended, Section 17.01
4-11     et seq., Business & Commerce Code.
4-12                 (6)  Real Estate Mathematics (or equivalent) shall
4-13     include but not be limited to basic arithmetic skills and review of
4-14     mathematical logic, percentages, interest, time-valued money,
4-15     depreciation, amortization, proration, and estimation of closing
4-16     statements.
4-17                 (7)  Real Estate Brokerage (or equivalent) shall
4-18     include but not be limited to law of agency, planning and
4-19     organization, operational policies and procedures, recruiting,
4-20     selection and training of personnel, records and control, and real
4-21     estate firm analysis and expansion criteria.
4-22                 (8)  Property Management (or equivalent) shall include
4-23     but not be limited to role of property manager, landlord policies,
4-24     operational guidelines, leases, lease negotiations, tenant
4-25     relations, maintenance, reports, habitability laws, and the Fair
4-26     Housing Act.
4-27                 (9)  Real Estate Investments (or equivalent) shall
 5-1     include but not be limited to real estate investment
 5-2     characteristics, techniques of investment analysis, time-valued
 5-3     money, discounted and nondiscounted investment criteria, leverage,
 5-4     tax shelters depreciation, and applications to property tax.
 5-5                 (10)  Law of Agency (or equivalent) shall include but
 5-6     not be limited to the principal-agent and master-servant
 5-7     relationships, the authority of an agent, the termination of an
 5-8     agent's authority, the fiduciary and other duties of an agent,
 5-9     employment law, deceptive trade practices, listing or buying
5-10     representation procedures, and the disclosure of agency.
5-11                 (11)  Law of Contracts (or equivalent) shall include
5-12     the elements of a contract, offer and acceptance, the statute of
5-13     frauds, specific performance and remedies for breach, unauthorized
5-14     practice of law, commission rules relating to use of adopted forms,
5-15     and owner disclosure requirements.
5-16           (b)  The commission by rule may:
5-17                 (1)  prescribe the content of the core real estate
5-18     courses listed in Subsection (a) of this section; and
5-19                 (2)  establish the title and content of additional core
5-20     real estate courses.
5-21           (d)  Each applicant for a broker license shall furnish the
5-22     commission satisfactory evidence that the applicant has had not
5-23     less than two years active experience in this state as a licensed
5-24     real estate salesperson or broker during the 36-month period
5-25     immediately preceding the filing of the application; and, in
5-26     addition, shall furnish the commission satisfactory evidence of
5-27     having completed successfully 60 semester hours, or equivalent
 6-1     classroom hours, of postsecondary education, of which a minimum of
 6-2     18 semester hours or equivalent classroom hours must be completed
 6-3     in core real estate courses.  The remaining 42 hours must be
 6-4     completed in core real estate courses or related [postsecondary
 6-5     education] courses accepted by the commission.  These
 6-6     qualifications for a broker license may not be required of an
 6-7     applicant who, at the time of making the application, is duly
 6-8     licensed as a real estate broker by any other state in the United
 6-9     States if that state's requirements for licensure are comparable to
6-10     those of Texas.  As a prerequisite for applying for a broker
6-11     license, those persons licensed as salespersons subject to the
6-12     annual education requirements provided by Subsection (e) of this
6-13     section shall, as part of the hours required by this subsection,
6-14     furnish the commission satisfactory evidence of having completed
6-15     all the requirements of Subsection (e) of this section.
6-16           (e)  Each applicant for a salesperson license shall furnish
6-17     the commission satisfactory evidence of having completed 12
6-18     semester hours, or equivalent classroom hours, of postsecondary
6-19     education, eight [six] hours of which must be completed in core
6-20     real estate courses, of which a minimum of four [two] hours must be
6-21     completed in Principles of Real Estate as described in Subsection
6-22     (a)(1) of this section, a minimum of two hours must be completed in
6-23     Law of Agency as described in Subsection (a)(10) of this section,
6-24     and a minimum of two hours must be completed in Law of Contracts as
6-25     described in Subsection (a)(11) of this section.  The remaining
6-26     four [six] hours must [shall] be completed in core real estate
6-27     courses or related courses.  As a condition for the first renewal
 7-1     of a salesperson license, the applicant shall furnish the
 7-2     commission satisfactory evidence of having completed a minimum of
 7-3     14 semester hours, or equivalent classroom hours, 10 [eight] hours
 7-4     of which must be completed in core real estate courses.  As a
 7-5     condition for the second renewal of a salesperson license, the
 7-6     applicant shall furnish the commission satisfactory evidence of
 7-7     having completed a minimum of 16 semester hours, or equivalent
 7-8     classroom hours, 12 [10] hours of which must be completed in core
 7-9     real estate courses.  As a condition for the third renewal of a
7-10     salesperson license, the applicant shall furnish the commission
7-11     satisfactory evidence of having completed a minimum of 18 semester
7-12     hours, or equivalent classroom hours, 14 [12] hours of which must
7-13     be completed in core real estate courses.
7-14           SECTION 3. Section 7A(a), The Real Estate License Act
7-15     (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
7-16     as follows:
7-17           (a)  To renew an active real estate broker license or an
7-18     active real estate salesperson license that is not subject to the
7-19     annual education requirements of this Act, the licensee must
7-20     provide the commission proof of attendance at at least 15 classroom
7-21     hours of continuing education courses approved by the commission
7-22     during the term of the current license.  The commission by rule may
7-23     prescribe the title, content, and duration of continuing education
7-24     courses that a licensee must attend to renew a license and may
7-25     provide for the substitution of relevant educational experience or
7-26     correspondence courses approved by the commission instead of
7-27     classroom attendance.  In addition, supervised video instruction
 8-1     may be approved by the commission as a course counting as classroom
 8-2     hours of mandatory continuing education.  At least six hours of
 8-3     instruction must be devoted to the rules of the commission, fair
 8-4     housing laws, landlord-tenant law and other Property Code issues,
 8-5     agency laws, antitrust laws, the Deceptive Trade Practices-Consumer
 8-6     Protection Act (Subchapter E, Chapter 17, Business & Commerce
 8-7     Code), disclosures to buyers, landlords, tenants, and sellers,
 8-8     current contract and addendum forms, the unauthorized practice of
 8-9     law, case studies involving violations of laws and regulations,
8-10     current Federal Housing Administration and Department of Veterans
8-11     Affairs regulations, tax laws, property tax consulting laws and
8-12     legal issues, or other legal topics approved by the commission.
8-13     The remaining hours may be devoted to other real estate-related
8-14     topics approved by the commission.  The commission may consider
8-15     equivalent courses for continuing education credit.  Property tax
8-16     consulting laws and legal issues include but are not limited to the
8-17     Tax Code, preparation of property tax reports, the unauthorized
8-18     practice of law, agency laws, tax laws, laws concerning property
8-19     taxes or assessments, deceptive trade practices, contract forms and
8-20     addendum, and other legal topics approved by the commission.  Real
8-21     estate related courses approved by the State Bar of Texas for
8-22     minimum continuing legal education participatory credit and core
8-23     real estate courses under Section 7(a) of this Act shall
8-24     automatically be approved as mandatory continuing education courses
8-25     under this Act.  The commission may not require examinations except
8-26     for correspondence courses or courses offered by alternative
8-27     delivery systems such as computers.  Daily classroom course
 9-1     segments must be at least one hour long but not more than 10 hours
 9-2     long.
 9-3           SECTION 4. Sections 8(c) and (f), The Real Estate License Act
 9-4     (Article 6573a, Vernon's Texas Civil Statutes), are amended to read
 9-5     as follows:
 9-6           (c)  On determination by the commission at any time that [If
 9-7     on December 31 of any year] the balance remaining in the real
 9-8     estate recovery fund is less than $1 million, each real estate
 9-9     broker and each real estate salesperson, on the next renewal of the
9-10     license, shall pay, in addition to the license renewal fee, a fee
9-11     of $10, which shall be deposited in the real estate recovery fund,
9-12     or a pro rata share of the amount necessary to bring the fund to
9-13     $1.7 million, whichever is less.  If on December 31 of any year the
9-14     balance remaining in the real estate recovery fund is more than
9-15     $3.5 million or more than the total amount of claims paid from the
9-16     fund during the previous four fiscal years, whichever is greater,
9-17     the amount of money in excess of the greater amount shall be
9-18     transferred to the general revenue fund.  To ensure the
9-19     availability of a sufficient amount to pay anticipated claims on
9-20     the fund, the commission by rule may provide for the collection of
9-21     assessments at different times and under conditions other than
9-22     those specified by this Act.
9-23           (f)  The court shall proceed on the application forthwith.
9-24     On the hearing on the application, the aggrieved person is required
9-25     to show that:
9-26                 (1)  the judgment is based on facts allowing recovery
9-27     under Subsection (a) of this section;
 10-1                (2)  the person is not a spouse of the debtor, or the
 10-2    personal representative of the spouse; and the person is not a
 10-3    registrant under Section 9A of this Act or a real estate broker or
 10-4    salesperson, as defined by this Act, who is seeking to recover a
 10-5    real estate commission or any compensation in the transaction or
 10-6    transactions for which the application for payment is made;
 10-7                (3)  [the person has obtained a judgment under
 10-8    Subsection (e) of this section that is not subject to a stay or
 10-9    discharge in bankruptcy, stating the amount of the judgment and the
10-10    amount owing on the judgment at the date of the application;]
10-11                [(4)]  based on the best available information, the
10-12    judgment debtor lacks sufficient attachable assets in this state or
10-13    any other state to satisfy the judgment; and
10-14                (4) [(5)]  the amount that may be realized from the
10-15    sale of real or personal property or other assets liable to be sold
10-16    or applied in satisfaction of the judgment and the balance
10-17    remaining due on the judgment after application of the amount that
10-18    may be realized.
10-19          SECTION 5. Section 11, The Real Estate License Act (Article
10-20    6573a, Vernon's Texas Civil Statutes), is amended to read as
10-21    follows:
10-22          Sec. 11.  The commission shall charge and collect the
10-23    following fees:
10-24                (1)  a fee not to exceed $100 for the filing of an
10-25    original application for a real estate broker license;
10-26                (2)  a fee not to exceed $100 for annual renewal of a
10-27    real estate broker license;
 11-1                (3)  a fee not to exceed $50 for the filing of an
 11-2    original application for a real estate salesperson license;
 11-3                (4)  a fee not to exceed $50 for annual renewal of a
 11-4    real estate salesperson license;
 11-5                (5)  a fee not to exceed $100 [$50] for an application
 11-6    for a license examination;
 11-7                (6)  a fee not to exceed $20 for filing a request for a
 11-8    license for each additional office or place of business;
 11-9                (7)  a fee not to exceed $20 for filing a request for a
11-10    license or certificate of registration for a change of place of
11-11    business, change of name, return to active status, or change of
11-12    sponsoring broker;
11-13                (8)  a fee not to exceed $20 for filing a request to
11-14    replace a license or certificate of registration lost or destroyed;
11-15                (9)  a fee not to exceed $400 for filing an application
11-16    for approval of an education program under Section 7(f) of this
11-17    Act;
11-18                (10)  a fee not to exceed $200 a year for operation of
11-19    an education program under Section 7(f) of this Act;
11-20                (11)  a fee of $20 [$15] for transcript evaluation;
11-21                (12)  a fee not to exceed $10 for preparing a license
11-22    or registration history;
11-23                (13)  a fee not to exceed $50 for the filing of an
11-24    application for a moral character determination;
11-25                (14)  an annual fee of $20 from each real estate broker
11-26    and each registrant under Section 9A of this Act to be transmitted
11-27    to Texas A&M University for the Texas Real Estate Research Center
 12-1    as provided by Section 5(m) of this Act;
 12-2                (15)  an annual fee of $17.50 from each real estate
 12-3    salesperson to be transmitted to Texas A&M University for the Texas
 12-4    Real Estate Research Center as provided by Section 5(m) of this
 12-5    Act;
 12-6                (16)  an annual fee of $80 from each registrant under
 12-7    Section 9A of this Act; and
 12-8                (17)  any fee authorized under Section 8 of this Act
 12-9    for the real estate recovery fund.
12-10          SECTION 6. Section 15(a), The Real Estate License Act
12-11    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
12-12    as follows:
12-13          (a)  The commission may, on its own motion, and shall, on the
12-14    signed complaint in writing of any person [a consumer or service
12-15    recipient], provided the complaint, or the complaint together with
12-16    evidence, documentary or otherwise, presented in connection with
12-17    the complaint, provides reasonable cause, investigate the actions
12-18    and records of a real estate broker or real estate salesperson. The
12-19    commission may suspend or revoke a license issued under the
12-20    provisions of this Act or take other disciplinary action authorized
12-21    by this Act at any time when it has been determined that:
12-22                (1)  the licensee has entered a plea of guilty or nolo
12-23    contendere to, or been found guilty of, or been convicted of, a
12-24    felony, in which fraud is an essential element, and the time for
12-25    appeal has elapsed or the judgment or conviction has been affirmed
12-26    on appeal, irrespective of an order granting probation following
12-27    such conviction, suspending the imposition of sentence;
 13-1                (2)  the licensee has procured, or attempted to
 13-2    procure, a real estate license, for the licensee or a salesperson,
 13-3    by fraud, misrepresentation or deceit, or by making a material
 13-4    misstatement of fact in an application for a real estate license;
 13-5                (3)  the licensee, when selling, buying, trading, or
 13-6    renting real property in the licensee's own name, engaged in
 13-7    misrepresentation or dishonest or fraudulent action;
 13-8                (4)  the licensee has failed within a reasonable time
 13-9    to make good a check issued to the commission after the commission
13-10    has mailed a request for payment by certified mail to the
13-11    licensee's last known business address as reflected by the
13-12    commission's records;
13-13                (5)  the licensee has disregarded or violated a
13-14    provision of this Act;
13-15                (6)  the licensee, while performing an act constituting
13-16    an act of a broker or salesperson, as defined by this Act, has been
13-17    guilty of:
13-18                      (A)  making a material misrepresentation, or
13-19    failing to disclose to a potential purchaser any latent structural
13-20    defect or any other defect known to the broker or salesperson.
13-21    Latent structural defects and other defects do not refer to trivial
13-22    or insignificant defects but refer to those defects that would be a
13-23    significant factor to a reasonable and prudent purchaser in making
13-24    a decision to purchase;
13-25                      (B)  making a false promise of a character likely
13-26    to influence, persuade, or induce any person to enter into a
13-27    contract or agreement when the licensee could not or did not intend
 14-1    to keep such promise;
 14-2                      (C)  pursuing a continued and flagrant course of
 14-3    misrepresentation or making of false promises through agents,
 14-4    salespersons, advertising, or otherwise;
 14-5                      (D)  failing to make clear, to all parties to a
 14-6    transaction, which party the licensee is acting for, or receiving
 14-7    compensation from more than one party except with the full
 14-8    knowledge and consent of all parties;
 14-9                      (E)  failing within a reasonable time properly to
14-10    account for or remit money coming into the licensee's possession
14-11    which belongs to others, or commingling money belonging to others
14-12    with the licensee's own funds;
14-13                      (F)  paying a commission or fees to or dividing a
14-14    commission or fees with anyone not licensed as a real estate broker
14-15    or salesperson in this state or in any other state for compensation
14-16    for services as a real estate agent;
14-17                      (G)  failing to specify a definite termination
14-18    date that is not subject to prior notice in a contract, other than
14-19    a contract to perform property management services, in which the
14-20    licensee agrees to perform services for which a license is required
14-21    under this Act;
14-22                      (H)  accepting, receiving, or charging an
14-23    undisclosed commission, rebate, or direct profit on expenditures
14-24    made for a principal;
14-25                      (I)  soliciting, selling, or offering for sale
14-26    real property under a scheme or program that constitutes a lottery
14-27    or deceptive practice;
 15-1                      (J)  acting in the dual capacity of broker and
 15-2    undisclosed principal in a transaction;
 15-3                      (K)  guaranteeing, authorizing, or permitting a
 15-4    person to guarantee that future profits will result from a resale
 15-5    of real property;
 15-6                      (L)  placing a sign on real property offering it
 15-7    for sale, lease, or rent without the written consent of the owner
 15-8    or the owner's authorized agent;
 15-9                      (M)  inducing or attempting to induce a party to
15-10    a contract of sale or lease to break the contract for the purpose
15-11    of substituting in lieu thereof a new contract;
15-12                      (N)  negotiating or attempting to negotiate the
15-13    sale, exchange, lease, or rental of real property with an owner,
15-14    lessor, buyer, or tenant, knowing that the owner, lessor, buyer, or
15-15    tenant had a written outstanding contract, granting exclusive
15-16    agency in connection with the transaction to another real estate
15-17    broker;
15-18                      (O)  offering real property for sale or for lease
15-19    without the knowledge and consent of the owner or the owner's
15-20    authorized agent, or on terms other than those authorized by the
15-21    owner or the owner's authorized agent;
15-22                      (P)  publishing, or causing to be published, an
15-23    advertisement including, but not limited to, advertising by
15-24    newspaper, radio, television, the Internet, or display which is
15-25    misleading, or which is likely to deceive the public, or which in
15-26    any manner tends to create a misleading impression, or which fails
15-27    to identify the person causing the advertisement to be published as
 16-1    a licensed real estate broker or agent;
 16-2                      (Q)  having knowingly withheld from or inserted
 16-3    in a statement of account or invoice, a statement that made it
 16-4    inaccurate in a material particular;
 16-5                      (R)  publishing or circulating an unjustified or
 16-6    unwarranted threat of legal proceedings, or other action;
 16-7                      (S)  establishing an association, by employment
 16-8    or otherwise, with an unlicensed person who is expected or required
 16-9    to act as a real estate licensee, or aiding or abetting or
16-10    conspiring with a person to circumvent the requirements of this
16-11    Act;
16-12                      (T)  failing or refusing on demand to furnish
16-13    copies of a document pertaining to a transaction dealing with real
16-14    estate to a person whose signature is affixed to the document;
16-15                      (U)  failing to advise a purchaser in writing
16-16    before the closing of a transaction that the purchaser should
16-17    either have the abstract covering the real estate which is the
16-18    subject of the contract examined by an attorney of the purchaser's
16-19    own selection, or be furnished with or obtain a policy of title
16-20    insurance;
16-21                      (V)  conduct which constitutes dishonest
16-22    dealings, bad faith, or untrustworthiness;
16-23                      (W)  acting negligently or incompetently in
16-24    performing an act for which a person is required to hold a real
16-25    estate license;
16-26                      (X)  disregarding or violating a provision of
16-27    this Act;
 17-1                      (Y)  failing within a reasonable time to deposit
 17-2    money received as escrow agent in a real estate transaction, either
 17-3    in trust with a title company authorized to do business in this
 17-4    state, or in a custodial, trust, or escrow account maintained for
 17-5    that purpose in a banking institution authorized to do business in
 17-6    this state;
 17-7                      (Z)  disbursing money deposited in a custodial,
 17-8    trust, or escrow account, as provided in Subsection (Y) before the
 17-9    transaction concerned has been consummated or finally otherwise
17-10    terminated; or
17-11                      (AA)  discriminating against an owner, potential
17-12    purchaser, lessor, or potential lessee on the basis of race, color,
17-13    religion, sex, national origin, or ancestry, including directing
17-14    prospective home buyers or lessees interested in equivalent
17-15    properties to different areas according to the race, color,
17-16    religion, sex, national origin, or ancestry of the potential owner
17-17    or lessee;
17-18                (7)  the licensee has failed or refused on demand to
17-19    produce a document, book, or record in the licensee's possession
17-20    concerning a real estate transaction conducted by the licensee for
17-21    inspection by the commission or its authorized personnel or
17-22    representative;
17-23                (8)  the licensee has failed within a reasonable time
17-24    to provide information requested by the commission as a result of a
17-25    formal or informal complaint to the commission which would indicate
17-26    a violation of this Act; or
17-27                (9)  the licensee has failed without just cause to
 18-1    surrender to the rightful owner, on demand, a document or
 18-2    instrument coming into the licensee's possession.
 18-3          SECTION 7. Section 15B(e), The Real Estate License Act
 18-4    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
 18-5    as follows:
 18-6          (e)  The commission may authorize a commission employee to
 18-7    file a signed written complaint against a licensee and to conduct
 18-8    an investigation if:
 18-9                (1)  a judgment against the licensee has been paid from
18-10    a recovery fund established under this Act;
18-11                (2)  the licensee is convicted of a criminal offense
18-12    that may constitute grounds for the suspension or revocation of the
18-13    licensee's license; [or]
18-14                (3)  the licensee fails to make good a check issued to
18-15    the commission;
18-16                (4)  the licensee fails to complete required continuing
18-17    education within the period prescribed by commission rules adopted
18-18    under Section 7A(g) of this Act; or
18-19                (5)  the licensee fails to provide, within a reasonable
18-20    time, information requested by the commission in connection with an
18-21    application to renew a license.
18-22          SECTION 8. Section 19(a), The Real Estate License Act
18-23    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
18-24    as follows:
18-25          (a)  A person acting as a real estate broker or real estate
18-26    salesperson without first obtaining a license or a person required
18-27    to register under Section 9A of this Act who sells, purchases,
 19-1    leases, or transfers a right-of-way or easement without first
 19-2    obtaining a certificate of registration under Section 9A of this
 19-3    Act commits an offense.  An offense under this subsection is a
 19-4    Class A misdemeanor [is guilty of a misdemeanor and on conviction
 19-5    shall be punishable by a fine of not less than $100 nor more than
 19-6    $500, or by imprisonment in the county jail for a term not to
 19-7    exceed one year, or both; and if a person other than an individual,
 19-8    shall be punishable by a fine of not less than $1,000 nor more than
 19-9    $2,000. A person, on conviction of a second or subsequent offense,
19-10    shall be punishable by a fine of not less than $500 nor more than
19-11    $1,000, or by imprisonment for a term not to exceed two years, or
19-12    both; and if a person other than an individual, shall be punishable
19-13    by a fine of not less than $2,000 nor more than $5,000].
19-14          SECTION 9. Sections 19A(a), (b), (d), (h), (m), and (o), The
19-15    Real Estate License Act (Article 6573a, Vernon's Texas Civil
19-16    Statutes), are amended to read as follows:
19-17          (a)  If a person [licensed under this Act] violates this Act
19-18    or a rule or order adopted by the commission under this Act, the
19-19    commission may assess an administrative penalty against the person
19-20    as provided by this section.
19-21          (b)  The penalty for each violation shall be set in an amount
19-22    not to exceed $1,000.  Each day a violation continues or occurs may
19-23    be considered a separate violation for purposes of penalty
19-24    assessment if the commission finds that the person charged:
19-25                (1)  engaged in an activity for which a real estate
19-26    broker or real estate salesperson license is required without
19-27    holding a license; and
 20-1                (2)  was not licensed by the commission as a real
 20-2    estate broker or real estate salesperson at any time in the four
 20-3    years preceding the date of the violation.
 20-4          (d)  If, after investigation of a possible violation and the
 20-5    facts surrounding that possible violation, the administrator
 20-6    determines that a violation has occurred, the administrator may
 20-7    issue a violation report stating the facts on which the conclusion
 20-8    that a violation occurred is based, recommending that an
 20-9    administrative penalty under this section be imposed on the person
20-10    charged, and recommending the amount of that proposed penalty.  The
20-11    administrator shall base the recommended amount of the proposed
20-12    penalty on the seriousness of the violation determined by the
20-13    consideration of the factors set forth in Subsection (c) of this
20-14    section.  The commission may authorize the administrator to
20-15    delegate to another commission employee the administrator's
20-16    authority to act under this section.
20-17          (h)  If the person charged requests a hearing or fails to
20-18    timely respond to the notice, the administrator shall set a hearing
20-19    and give notice of the hearing.  The hearing shall be held by a
20-20    hearing examiner designated by the administrator.  The hearing
20-21    examiner shall make findings of fact and conclusions of law and
20-22    promptly issue to the commission a proposal for decision as to the
20-23    occurrence of the violation, including a recommendation as to the
20-24    amount of the proposed penalty if a penalty is warranted.  Based on
20-25    the findings of fact, conclusions of law, and recommendations of
20-26    the hearing examiner, the commission by order may find a violation
20-27    has occurred and may assess a penalty or may find that no violation
 21-1    has occurred.  All proceedings under this subsection are subject to
 21-2    Chapter 2001, Government Code.  The commission may authorize the
 21-3    hearing examiner to conduct the hearing and enter a final decision
 21-4    [the Administrative Procedure and Texas Register Act (Article
 21-5    6252-13a, Vernon's Texas Civil Statutes)].
 21-6          (m)  Judicial review of the order or decision of the
 21-7    commission assessing the penalty shall be under the substantial
 21-8    evidence rule and shall be instituted by filing a petition with a
 21-9    district court in Travis County, as provided by Chapter 2001,
21-10    Government Code [Section 19, Administrative Procedure and Texas
21-11    Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)].
21-12          (o)  A penalty collected under this section for a violation
21-13    by a person licensed as a real estate broker or salesperson shall
21-14    be deposited in the real estate recovery fund.  A penalty collected
21-15    under this section for a violation by a person licensed or
21-16    registered as a real estate inspector shall be deposited in the
21-17    real estate inspection recovery fund.  A penalty collected under
21-18    this section for a violation by a person who is not licensed under
21-19    this Act shall be deposited in the real estate recovery fund or the
21-20    real estate inspection recovery fund, as determined by the
21-21    commission.
21-22          SECTION 10. Sections 23(f)(3)-(6), The Real Estate License
21-23    Act (Article 6573a, Vernon's Texas Civil Statutes), are amended to
21-24    read as follows:
21-25                (3)  [If a person's license has been expired for 90
21-26    days or less, the person may renew the license by paying to the
21-27    commission the required renewal fee and a fee that is one-half of
 22-1    the examination fee, if any, for the registration or license.]
 22-2                [(4)  If a person's license has been expired for longer
 22-3    than 90 days but less than one year, the person may renew the
 22-4    license by paying to the commission all unpaid renewal fees and a
 22-5    fee that is equal to the examination fee, if any, for the license.]
 22-6                [(5)]  If a person's license expires [has been expired
 22-7    for one year or longer], the person may not renew the license.  The
 22-8    person may obtain a new license by submitting to reexamination, if
 22-9    required, and complying with the requirements and procedures for
22-10    obtaining an original license. [However, the commission may renew
22-11    without reexamination an expired license of a person who was
22-12    licensed in this state, moved to another state, and is currently
22-13    licensed and has been in practice in the other state for the one
22-14    year preceding application.  The person must pay to the commission
22-15    a fee that is equal to the examination fee for the license.]
22-16                (4) [(6)]  At least 30 days before the expiration of a
22-17    person's license, the commission shall send written notice of the
22-18    impending license expiration to the person at the person's last
22-19    known address according to the records of the commission.
22-20          SECTION 11. Section 23(h)(1), The Real Estate License Act
22-21    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
22-22    as follows:
22-23                (1)  The commission shall charge and collect reasonable
22-24    and necessary fees to recover the cost of administering this
22-25    section as follows:
22-26                      (A)  a fee not to exceed $75 for the filing of an
22-27    original application for a license as an apprentice inspector;
 23-1                      (B)  a fee not to exceed $125 for the filing of
 23-2    an original application for a license as a real estate inspector;
 23-3                      (C)  a fee not to exceed $150 for the filing of
 23-4    an original application for a license as a professional inspector;
 23-5                      (D)  a fee not to exceed $125 for the annual
 23-6    license renewal of an apprentice inspector;
 23-7                      (E)  a fee not to exceed $175 for the annual
 23-8    license renewal of a real estate inspector;
 23-9                      (F)  a fee not to exceed $200 for the annual
23-10    license renewal of a professional inspector;
23-11                      (G)  a fee not to exceed $100 for taking a
23-12    license examination; [and]
23-13                      (H)  a fee not to exceed $20 for a request for a
23-14    change of place of business or to replace a lost or destroyed
23-15    license; and
23-16                      (I)  a fee not to exceed $20 for filing a request
23-17    for issuance of a license because of a change of name, return to
23-18    active status, or change in sponsoring professional inspector.
23-19          SECTION 12. Section 23(i)(1), The Real Estate License Act
23-20    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
23-21    as follows:
23-22                (1)  The commission shall prescribe the licensing
23-23    examinations, which shall be prepared by or contracted for by the
23-24    commission.  A licensing examination shall evaluate competency in
23-25    the subject matter of all required core real estate inspection
23-26    courses.  The licensing examination shall be offered not less often
23-27    than once every two months in Austin.  If a license applicant fails
 24-1    the examination, the applicant may apply for reexamination by
 24-2    filing a request with the commission and paying the examination
 24-3    fee.  Each license applicant must satisfy the examination
 24-4    requirement not later than six months after the date on which the
 24-5    license application is filed.  A license applicant who fails to
 24-6    satisfy the examination requirement within six months after the
 24-7    date on which the license application is filed must submit a new
 24-8    license application with the commission and pay the examination fee
 24-9    to be eligible for examination.  The commission by rule may limit
24-10    the number of times an applicant may take all or part of the
24-11    examination and may prescribe a reasonable waiting period before a
24-12    person who fails an examination may file another application.  The
24-13    rules adopted by the commission may permit a person to file another
24-14    application without regard to the waiting period if the person has
24-15    completed additional courses of study specified by the commission.
24-16    [If a license applicant fails the examination three consecutive
24-17    times in connection with the same application, the applicant may
24-18    not apply for reexamination or submit a new license application
24-19    with the commission for six months from the date he failed the last
24-20    examination.]
24-21          SECTION 13. Section 23(k), The Real Estate License Act
24-22    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
24-23    as follows:
24-24          (k)  Continuing education programs.  The commission shall
24-25    recognize, prepare, or administer continuing education programs for
24-26    inspectors.  Participation in the programs is mandatory.  A real
24-27    estate inspector must submit satisfactory evidence to the
 25-1    commission of successful completion of at least eight [four]
 25-2    classroom hours of core real estate inspection courses annually
 25-3    before a license [licensed] renewal is issued.  A professional
 25-4    inspector must submit satisfactory evidence to the commission of
 25-5    successful completion of at least 16 [eight] classroom hours of
 25-6    core [related] real estate inspection courses annually before a
 25-7    license renewal is issued.
 25-8          SECTION 14. Section 23(m)(2), The Real Estate License Act
 25-9    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
25-10    as follows:
25-11                (2)  An offense under this subsection is a Class A [B]
25-12    misdemeanor.
25-13          SECTION 15. Sections 23(o)(3), (7), and (15), The Real Estate
25-14    License Act (Article 6573a, Vernon's Texas Civil Statutes), are
25-15    amended to read as follows:
25-16                (3)  If at [on December 31 of] any time [year] the
25-17    balance remaining in the real estate inspection recovery fund is
25-18    less than $300,000, each inspector, on the next renewal of the
25-19    person's license, shall pay, in addition to the license renewal
25-20    fee, a fee of $75, or a pro rata share of the amount necessary to
25-21    bring the fund to $450,000, whichever is less, which shall be
25-22    deposited in the real estate inspection recovery fund.  To ensure
25-23    the availability of a sufficient amount to pay anticipated claims
25-24    on the fund, the commission by rule may provide for the collection
25-25    of assessments at different times and under conditions other than
25-26    those specified by this Act.
25-27                (7)  The court shall proceed on the application
 26-1    forthwith. On the hearing on the application, the aggrieved person
 26-2    is required to show:
 26-3                      (A)  that the judgment is based on facts allowing
 26-4    recovery under Subdivision (1) of this subsection;
 26-5                      (B)  that the person is not a spouse of the
 26-6    debtor or the personal representative of the spouse and the person
 26-7    is not an inspector, as defined by this section;
 26-8                      (C)  [that the person has obtained a judgment
 26-9    under Subdivision (6) of this subsection that is not subject to a
26-10    stay or discharge in bankruptcy, stating the amount of the judgment
26-11    and the amount owing on the judgment at the date of the
26-12    application;]
26-13                      [(D)]  that based on the best information
26-14    available, the judgment debtor lacks sufficient attachable assets
26-15    in this state or any other state to satisfy the judgment; and
26-16                      (D) [(E)]  the amount that may be realized from
26-17    the sale of real or personal property or other assets liable to be
26-18    sold or applied in satisfaction of the judgment and the balance
26-19    remaining due on the judgment after application of the amount that
26-20    may be realized.
26-21                (15)  Notwithstanding any other provision, payments
26-22    from the real estate inspection recovery fund are subject to the
26-23    following conditions and limitations:
26-24                      (A)  payments may be made only pursuant to an
26-25    order of a court of competent jurisdiction, as provided by
26-26    Subdivision (6) of this subsection, and in the manner prescribed by
26-27    this subsection;
 27-1                      (B)  payments for claims, including attorney
 27-2    fees, interest, and court costs, arising out of the same
 27-3    transaction shall be limited in the aggregate to $12,500 [$7,500]
 27-4    regardless of the number of claimants; and
 27-5                      (C)  payments for claims based on judgments
 27-6    against a licensed inspector may not exceed in the aggregate
 27-7    $30,000 [$15,000] until the fund has been reimbursed by the
 27-8    licensee for all amounts paid.
 27-9          SECTION 16. Section 24(f), The Real Estate License Act
27-10    (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
27-11    as follows:
27-12          (f)  A person commits an offense if the person engages in
27-13    business as a residential rental locator in this state without a
27-14    license issued under this Act.  An offense under this subsection is
27-15    a Class A [B] misdemeanor.
27-16          SECTION 17. Section 18, Residential Service Company Act
27-17    (Article 6573b, Revised Statutes), is amended by adding Subsection
27-18    (c) to read as follows:
27-19          (c)  The commission may authorize a hearing examiner to
27-20    conduct a hearing and enter a final decision in a proceeding under
27-21    this section.
27-22          SECTION 18. The Residential Service Company Act (Article
27-23    6573b, Revised Statutes) is amended by adding Section 23B to read
27-24    as follows:
27-25          Sec. 23B.  ADMINISTRATIVE PENALTY. (a)  The commission may
27-26    assess an administrative penalty on a person who violates this Act
27-27    or a rule or order adopted by the commission under this Act in the
 28-1    same manner as the commission may assess an administrative penalty
 28-2    under Section 19A, The Real Estate License Act (Article 6573a,
 28-3    Vernon's Texas Civil Statutes), on a person who violates that Act
 28-4    or a rule or order adopted by the commission under that Act.  The
 28-5    provisions of that section governing the procedure for assessing a
 28-6    penalty and judicial review of a penalty apply to a penalty
 28-7    assessed under this section.
 28-8          (b)  The penalty for each violation may not exceed $1,000.
 28-9    Each day a violation continues or occurs may be considered a
28-10    separate violation for purposes of penalty assessment.
28-11          (c)  The commission shall deposit a penalty collected under
28-12    this section to the credit of the residential service company fund.
28-13          SECTION 19. (a)  Except as provided by Subsection (b) of this
28-14    section, this Act takes effect September 1, 2001.
28-15          (b)  The changes in law made by this Act to Sections 7(d) and
28-16    (e), The Real Estate License Act (Article 6573a, Vernon's Texas
28-17    Civil Statutes), take effect January 1, 2002, and apply only to an
28-18    application for a real estate broker license or real estate
28-19    salesperson license filed on or after that date.  An application
28-20    filed before January 1, 2002, is governed by the law in effect on
28-21    the date the application was filed, and the former law is continued
28-22    in effect for that purpose.
28-23          (c)  The changes in law made by this Act to Sections 8(f) and
28-24    23(o)(7) and (15), The Real Estate License Act (Article 6573a,
28-25    Vernon's Texas Civil Statutes), apply only to a cause of action
28-26    that arises on or after the effective date of this Act.  A cause of
28-27    action that arises before the effective date of this Act is
 29-1    governed by the law in effect on the date the cause of action
 29-2    arose, and the  former law is continued in effect for that purpose.
 29-3          (d)  The changes in law made by this Act to Sections 19(a),
 29-4    23(m)(2), and 24(f), The Real Estate License Act (Article 6573a,
 29-5    Vernon's Texas Civil Statutes), apply only to an offense committed
 29-6    on or after the effective date of this Act.  For purposes of this
 29-7    subsection, an offense is committed before the effective date of
 29-8    this Act if any element of the offense occurs before that date.  An
 29-9    offense committed before the effective date of this Act is covered
29-10    by the law in effect when the offense was committed, and the former
29-11    law is continued in effect for that purpose.
29-12          (e)  The changes in law made by this Act to Sections
29-13    23(f)(3)-(6), The Real Estate License Act (Article 6573a, Vernon's
29-14    Texas Civil Statutes), apply only to the renewal of a real estate
29-15    inspector license or professional inspector license that expires on
29-16    or after the effective date of this Act.  A license that expires
29-17    before that date is governed by the law in effect on the date the
29-18    license expires, and the former law is continued in effect for that
29-19    purpose.
29-20          (f)  The change in law made by this Act to Section 23(k), The
29-21    Real Estate License Act (Article 6573a, Vernon's Texas Civil
29-22    Statutes), applies only to the renewal of a real estate inspector
29-23    license or professional inspector license that expires on or after
29-24    December 31, 2001.  A license that expires before that date is
29-25    governed by the law in effect on the date the license expires, and
29-26    the former law is continued in effect for that purpose.
29-27          (g)  The changes in law made by this Act that relate to a
 30-1    disciplinary action or the imposition of an administrative penalty
 30-2    apply only to a violation of The Real Estate License Act (Article
 30-3    6573a, Vernon's Texas Civil Statutes) or the Residential Service
 30-4    Company Act (Article 6573b, Revised Statutes) that occurs on or
 30-5    after the effective date of this Act.  A violation that occurs
 30-6    before the effective date of this Act is governed by the law in
 30-7    effect on the date the violation occurred, and the former law is
 30-8    continued in effect for that purpose.