H.B. No. 1236




AN ACT

relating to an exemption from The Real Estate License Act for 
persons who conduct foreclosure sales.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1101.005, Occupations Code, is amended 
to read as follows:
	Sec. 1101.005.  APPLICABILITY OF CHAPTER.  This chapter 
does not apply to:   
		(1)  an attorney licensed in any state;                                       
		(2)  an attorney-in-fact authorized under a power of 
attorney to conduct a real estate transaction;
		(3)  a public official while engaged in official 
duties;                    
		(4)  an auctioneer licensed under Chapter 1802 while 
conducting the sale of real estate by auction if the auctioneer does 
not perform another act of a broker or salesperson;
		(5)  a person acting under a court order or the 
authority of a will or written trust instrument;
		(6)  a person employed by an owner in the sale of 
structures and land on which structures are located if the 
structures are erected by the owner in the course of the owner's 
business;
		(7)  an on-site manager of an apartment complex;                              
		(8)  an owner or the owner's employee who leases the 
owner's improved or unimproved real estate;
		(9)  a partnership or limited liability partnership 
acting as a broker or salesperson through a partner who is a 
licensed broker; or
		(10)  a transaction involving:                                                
			(A)  the sale, lease, or transfer of a mineral or 
mining interest in real property;
			(B)  the sale, lease, or transfer of a cemetery 
lot; [or] 
			(C)  the lease or management of a hotel or motel; 
or                
			(D)  the sale of real property under a power of 
sale conferred by a deed of trust or other contract lien.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1236 was passed by the House on March 
31, 2005, by the following vote:  Yeas 147, Nays 0, 2 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 1236 was passed by the Senate on May 
3, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor