LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 28, 2001
TO: Honorable Ron Wilson, Chair, House Committee on Licensing
& Administrative Procedures
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB695 by Reyna, Arthur (Relating to the regulation of
certain occupations by the Texas Real Estate Commission;
providing penalties.), Committee Report 1st House,
Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB695, Committee Report 1st House, Substituted: positive impact *
* of $446,000 through the biennium ending August 31, 2003. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $223,000 *
* 2003 223,000 *
* 2004 223,000 *
* 2005 223,000 *
* 2006 223,000 *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Revenue Gain/(Loss) from *
* General Revenue Fund *
* 0001 *
* 2002 $223,000 *
* 2003 223,000 *
* 2004 223,000 *
* 2005 223,000 *
* 2006 223,000 *
*****************************************************
Fiscal Analysis
The bill would amend the Texas Real Estate License Act and the
Residential Service Company Act. The bill would permit a person to apply
for an inactive salesperson license without a sponsoring broker. The bill
would give the Texas Real Estate Commission (TREC) authority to
prescribe the content of core real estate courses. The bill would
increase the annual continuing education requirements for a broker
license from 180 classroom hours to 270 classroom hours and mandate 60 of
the 180 classroom hours for a salesperson be in Principles of Real
Estate. The bill would increase the fee for requesting the real estate
examination from $50 to $100, and the transcript evaluation fee from $15
to $20.
The bill also would allow TREC staff to file complaints against licensees
not complying with continuing education provisions, and would increase
the criminal offense of acting as a real estate broker, salesperson,
easement or right-of-way agent, a residential rental locator, or real
estate inspector to a Class A misdemeanor. The bill would also extend
TREC's authorization for assessing administrative penalties to include a
fine not to exceed $1,000 per violation.
The bill would remove a specific date for evaluating the real estate
recovery fund and the real estate inspection recovery fund and would
increase the maximum payment to be made from these funds.
This bill would take effect on September 1, 2001, with continuing
education requirements for brokers and salespersons with renewal of
licenses expiring December 31, 2001 and licensure applications filed
after January 1, 2002.
Methodology
The Texas Real Estate Commission (TREC) estimates a total increase to
general revenue of $223,000 per year. An estimated 7,500 salesperson
licenses going from inactive to active status are issued annually which
would result in $20 per applicant or $150,000 per year. An estimated
14,000 transcript evaluations are performed annually which, with the
increased fee from $15 to $20, would generate an additional $70,000 per
year. A new fee of $20 for inspector license name change, return to
active status or change in sponsoring professional inspector would bring
approximately $3,000 per year for an estimated 150 requests.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 329 Texas Real Estate Commission
LBB Staff: JK, JO, RT, KM