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AN ACT
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relating to the continuation and functions of the Texas Real Estate |
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Commission and the regulation of real estate brokers, salespersons, |
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inspectors, appraisers, residential service companies, and |
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timeshares; providing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.006, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real |
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Estate Commission is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the commission is abolished and this chapter, [and] |
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Chapter 1102, and Chapter 1303 of this code and Chapter 221, |
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Property Code, expire September 1, 2019 [2007]. |
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SECTION 2. Subchapter A, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.007 to read as follows: |
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Sec. 1101.007. COMPLIANCE WITH SUNSET RECOMMENDATIONS. |
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(a) The commission shall: |
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(1) comply with and implement the management action |
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recommendations regarding the commission adopted by the Sunset |
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Advisory Commission on January 10, 2007, as a result of its review |
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of the commission; and |
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(2) report to the Sunset Advisory Commission not later |
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than November 1, 2008, the information the Sunset Advisory |
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Commission requires regarding the commission's implementation of |
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the recommendations under Subdivision (1). |
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(b) This section expires June 1, 2009. |
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SECTION 3. Section 1101.053, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. |
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(a) In this section, "Texas trade association" means a |
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[nonprofit,] cooperative[,] and voluntarily joined statewide |
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association of business or professional competitors in this state |
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designed to assist its members and its industry or profession in |
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dealing with mutual business or professional problems and in |
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promoting their common interest. |
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(b) A person may not be a member of the commission and may |
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not be a commission employee employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, [A state elected
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president, president-elect, vice president, or
|
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secretary-treasurer,] employee, or paid consultant of a Texas trade |
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association in the real estate industry; or |
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(2) the person's spouse [may not be a commission member
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and may not be a commission employee who is exempt from the state's
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position classification plan or is compensated at or above the
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amount prescribed by the General Appropriations Act for step 1,
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salary group A17, of the position classification salary schedule.
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[(c) A person who] is [the spouse of] an officer, manager, |
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or paid consultant of a Texas trade association in the real estate |
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industry [may not be a commission member and may not be a commission
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employee who is exempt from the state's position classification
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plan or is compensated at or above the amount prescribed by the
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General Appropriations Act for step 1, salary group A17, of the
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position classification salary schedule]. |
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(c) [(d)] A person may not serve as a commission member or |
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act as the general counsel to the commission if the person is |
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required to register as a lobbyist under Chapter 305, Government |
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Code, because of the person's activities for compensation on behalf |
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of a profession related to the operation of the commission. |
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SECTION 4. Subsections (a) and (c), Section 1101.057, |
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Occupations Code, are amended to read as follows: |
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(a) It is a ground for removal from the commission that a |
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member: |
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(1) does not have at the time of appointment the |
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qualifications required by Section 1101.051(a) or (b) or 1101.052; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 1101.051(a) or (b) or |
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1101.052; |
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(3) is ineligible for membership under [violates a
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prohibition established by] Section 1101.053; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled commission meetings that the member is eligible to attend |
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during each calendar year, unless the absence is excused by |
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majority vote of the commission. |
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(c) If the administrator has knowledge that a potential |
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ground for removal [of a commission member] exists, the |
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administrator shall notify the presiding officer of the commission |
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of the potential ground. The presiding officer shall then notify |
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the governor and the attorney general that a potential ground for |
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removal exists. If the potential ground for removal involves the |
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presiding officer, the administrator shall notify the next highest |
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ranking officer of the commission, who shall then notify the |
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governor and the attorney general that a potential ground for |
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removal exists. |
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SECTION 5. Subchapter B, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.059 to read as follows: |
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Sec. 1101.059. TRAINING. (a) A person who is appointed to |
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and qualifies for office as a member of the commission may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the commission until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) this chapter and other laws regulated by the |
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commission; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the results of the most recent formal audit of the |
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commission; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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commission or the Texas Ethics Commission. |
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(c) A person appointed to the commission is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office. |
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SECTION 6. Subsection (a), Section 1101.101, Occupations |
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Code, is amended to read as follows: |
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(a) The commission shall [may] appoint an administrator. |
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SECTION 7. Section 1101.102, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.102. DIVISION OF RESPONSIBILITIES. The |
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commission shall develop and implement policies that clearly |
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separate the policymaking responsibilities of the commission and |
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the management responsibilities of the administrator and the |
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[define the respective responsibilities of the commission and the
|
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commission] staff of the commission. |
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SECTION 8. Subsection (b), Section 1101.151, Occupations |
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Code, is amended to read as follows: |
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(b) The commission may: |
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(1) adopt and enforce rules necessary to administer |
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this chapter and Chapter 1102; and |
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(2) establish standards of conduct and ethics for |
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persons licensed under this chapter and Chapter 1102 to: |
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(A) fulfill the purposes of this chapter and |
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Chapter 1102; and |
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(B) ensure compliance with this chapter and |
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Chapter 1102[; and
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[(3)
authorize specific employees to conduct hearings
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and issue final decisions in contested cases]. |
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SECTION 9. Subsections (a) and (b), Section 1101.152, |
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Occupations Code, are amended to read as follows: |
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(a) The commission shall adopt rules to charge and collect |
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reasonable fees, including a fee for [the following fees]: |
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(1) [for] filing an original application for a broker |
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license[, not more than $100]; |
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(2) [for] annual renewal of a broker license[, not
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more than $100]; |
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(3) [for] filing an original application for a |
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salesperson license[, not more than $75]; |
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(4) [for] annual renewal of a salesperson license[,
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not more than $50]; |
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(5) [for] annual registration[, $80]; |
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(6) filing [for] an application for a license |
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examination[, not more than $100]; |
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(7) [for] filing a request for a branch office |
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license[, not more than $20]; |
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(8) [for] filing a request for a change of place of |
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business, change of name, return to active status, or change of |
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sponsoring broker[, not more than $20]; |
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(9) [for] filing a request to replace a lost or |
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destroyed license or certificate of registration[, not more than
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$20]; |
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(10) [for] filing an application for approval of an |
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education program under Subchapter G[, not more than $400]; |
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(11) [for] annual operation of an education program |
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under Subchapter G[, not more than $200]; |
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(12) [for] filing an application for approval of an |
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instructor of core real estate courses[, not more than $40]; |
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(13) [for] transcript evaluation[, $20]; |
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(14) [for] preparing a license or registration |
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history[, not more than $20]; [and] |
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(15) [for] filing an application for a moral character |
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determination; and |
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(16) conducting a criminal background check in |
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connection with the annual renewal of a license under this |
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chapter[, not more than $50]. |
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(b) The commission shall adopt rules to [may] set and |
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collect reasonable fees to implement the continuing education |
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requirements for license holders, including a fee for [the
|
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following fees]: |
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(1) [for] an application for approval of a continuing |
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education provider[, not more than $400]; |
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(2) [for] an application for approval of a continuing |
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education course of study[, not more than $100]; |
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(3) [for] an application for approval of an instructor |
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of continuing education courses[, not more than $40]; and |
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(4) [for] attendance at a program to train instructors |
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of a continuing education course prescribed under Section |
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1101.455[, not more than $100]. |
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SECTION 10. Subchapter D, Chapter 1101, Occupations Code, |
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is amended by adding Sections 1101.158, 1101.159, and 1101.160 to |
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read as follows: |
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Sec. 1101.158. ADVISORY COMMITTEES. (a) The commission |
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may appoint advisory committees to perform the advisory functions |
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assigned to the committees by the commission. An advisory |
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committee under this section is subject to Section 2110, Government |
|
Code. |
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(b) A member of an advisory committee who is not a member of |
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the commission may not receive compensation for service on the |
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committee. The member may receive reimbursement for actual and |
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necessary expenses incurred in performing committee functions as |
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provided by Section 2110.004, Government Code. |
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(c) A member of an advisory committee serves at the will of |
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the commission. |
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(d) An advisory committee may hold a meeting by telephone |
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conference call or other video or broadcast technology. |
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(e) Advisory committee meetings are subject to Chapter 551, |
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Government Code. |
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Sec. 1101.159. USE OF TECHNOLOGY. The commission shall |
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implement a policy requiring the commission to use appropriate |
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technological solutions to improve the commission's ability to |
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perform its functions. The policy must ensure that the public is |
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able to interact with the commission on the Internet. |
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Sec. 1101.160. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop |
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and implement a policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of commission rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the commission's |
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jurisdiction. |
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(b) The commission's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commission shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the commission. |
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SECTION 11. Subsection (a), Section 1101.201, Occupations |
|
Code, is amended to read as follows: |
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(a) The commission shall prepare information of public |
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interest describing the functions of the commission [and the
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procedures by which complaints are filed with and resolved by the
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commission]. |
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SECTION 12. Section 1101.203, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.203. COMPLAINT INFORMATION. (a) The commission |
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shall maintain a system to promptly and efficiently act on |
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complaints filed with the commission. The commission shall |
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maintain a file on each complaint. The file must include: |
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(1) information relating to the parties to the |
|
complaint; |
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(2) the subject matter of the complaint; |
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(3) a summary of the results of the review or |
|
investigation of the complaint; and |
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(4) the disposition of the complaint [an information
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file about each complaint filed with the commission that the
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commission has authority to resolve]. |
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(b) The commission shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The [If a written complaint is filed with the commission
|
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that the commission has authority to resolve, the] commission[, at
|
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least quarterly and until final disposition of the complaint,] |
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shall periodically notify the parties to the complaint of the |
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status of the complaint until final disposition, unless the notice |
|
would jeopardize an undercover investigation authorized under |
|
Section 1101.204. |
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SECTION 13. Section 1101.204, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (h) to read as |
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follows: |
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(a) The commission or commission staff may file a complaint |
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and conduct an investigation as necessary to enforce this chapter, |
|
Chapter 1102, or a rule adopted under those chapters[, on its own
|
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motion, investigate the actions and records of a license holder]. |
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(h) The commission shall ensure that the commission gives |
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priority to the investigation of a complaint filed by a consumer and |
|
an enforcement case resulting from the consumer complaint. The |
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commission shall assign priorities and investigate complaints |
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using a risk-based approach based on the: |
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(1) degree of potential harm to a consumer; |
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(2) potential for immediate harm to a consumer; |
|
(3) overall severity of the allegations in the |
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complaint; |
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(4) number of license holders potentially involved in |
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the complaint; |
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(5) previous complaint history of the license holder; |
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and |
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(6) number of potential violations in the complaint. |
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SECTION 14. Section 1101.301, Occupations Code, is amended |
|
by adding Subsection (c) to read as follows: |
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(c) In establishing accreditation standards for an |
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educational program under Subsection (a), the commission shall |
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adopt rules that require a program to establish that at least 55 |
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percent of the program's graduates have passed a licensing exam the |
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first time the exam has been taken by the graduates before the |
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commission may renew the program's accreditation. |
|
SECTION 15. Section 1101.303, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.303. APPROVAL OF CONTINUING EDUCATION PROVIDER OR |
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COURSE OF STUDY. (a) If the commission determines that an |
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applicant for approval as a continuing education provider satisfies |
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the requirements of this subchapter or Section 1102.205 and any |
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rule adopted under this subchapter or Section 1102.205, the |
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commission may authorize the applicant to offer continuing |
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education for a two-year period. |
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(b) If the commission determines that an applicant for |
|
approval of a continuing education course of study satisfies the |
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requirements of this subchapter or Section 1102.205 and any rule |
|
adopted under this subchapter or Section 1102.205, the commission |
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may authorize the applicant to offer the course of study for a |
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two-year period. |
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SECTION 16. Subchapter G, Chapter 1101, Occupations Code, |
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is amended by adding Sections 1101.304 and 1101.305 to read as |
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follows: |
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Sec. 1101.304. EXAMINATION PASSAGE RATE DATA. (a) The |
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commission shall adopt rules regarding the collection and |
|
publication of data relating to examination passage rates for |
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graduates of accredited educational programs. |
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(b) Rules adopted under this section must provide for a |
|
method to: |
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(1) calculate the examination passage rate; |
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(2) collect the relevant data from the examination |
|
administrator or the accredited program; and |
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(3) post the examination passage rate data on the |
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commission's Internet website, in a manner aggregated by |
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educational program and by license group. |
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(c) In determining the educational program a graduate is |
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affiliated with for purposes of this section, the educational |
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program is the program the graduate last attended. |
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Sec. 1101.305. REVIEW COMMITTEE. (a) The commission may |
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appoint a committee to review the performance of an educational |
|
program performing below the standards set by the commission under |
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Section 1101.301. The committee shall consist of: |
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(1) at least one commission member; |
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(2) at least one member of the commission staff; |
|
(3) individuals licensed under this chapter or Chapter |
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1102; and |
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(4) a representative from the Texas Real Estate |
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Research Center. |
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(b) A committee formed under this section shall review and |
|
evaluate any factor causing an educational program's poor |
|
performance and report findings and recommendations to improve |
|
performance to the program and to the commission. |
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(c) A committee formed under this section may not revoke the |
|
accreditation of an educational program. The commission may |
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temporarily suspend a program in the same manner as a license under |
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Subchapter N. |
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SECTION 17. Subsection (b), Section 1101.364, Occupations |
|
Code, is amended to read as follows: |
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(b) A person whose license application is denied under this |
|
section is entitled to a hearing under Section 1101.657 [Before the
|
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applicant may appeal under Section 1101.658, the applicant must
|
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file, not later than the 10th day after the date the applicant
|
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receives the notice, an appeal requesting a time and place for a
|
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hearing before the commission. If the applicant fails to request a
|
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hearing as provided by this subsection, the commission's decision
|
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becomes final and is not subject to judicial review]. |
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SECTION 18. The heading to Section 1101.451, Occupations |
|
Code, is amended to read as follows: |
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Sec. 1101.451. LICENSE EXPIRATION AND RENEWAL. |
|
SECTION 19. Section 1101.451, Occupations Code, is amended |
|
by amending Subsection (d) and adding Subsections (e) and (f) to |
|
read as follows: |
|
(d) Except as provided by Subsection (e), a [A] renewal fee |
|
for a license under this chapter may not exceed, calculated on an |
|
annual basis, the amount of the sum of the fees established under |
|
Sections 1101.152, 1101.154, and 1101.603. |
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(e) A person whose license has been expired for 90 days or |
|
less may renew the license by paying to the commission a fee equal |
|
to 1-1/2 times the required renewal fee. If a license has been |
|
expired for more than 90 days but less than one year, the person may |
|
renew the license by paying to the commission a fee equal to two |
|
times the required renewal fee. |
|
(f) If a person's license has been expired for one year or |
|
longer, the person may not renew the license. The person may obtain |
|
a new license by submitting to reexamination and complying with the |
|
requirements and procedures for obtaining an original license. |
|
SECTION 20. Section 1101.455, Occupations Code, is amended |
|
by adding Subsection (k) to read as follows: |
|
(k) An online course offered under this section may not be |
|
completed in less than 24 hours. |
|
SECTION 21. Subsection (b), Section 1101.457, Occupations |
|
Code, is amended to read as follows: |
|
(b) The commission may require an applicant under this |
|
section to: |
|
(1) pay a [an additional] fee, not to exceed $200, in |
|
addition to any fee for late renewal of a license under this |
|
chapter; and |
|
(2) complete the required continuing education not |
|
later than the 60th day after the date the license is issued, |
|
renewed, or returned to active status. |
|
SECTION 22. Subsection (a), Section 1101.657, Occupations |
|
Code, is amended to read as follows: |
|
(a) If the commission proposes to deny, suspend, or revoke a |
|
person's license or certificate of registration, the person is |
|
entitled to a hearing conducted by the State Office of |
|
Administrative Hearings [before the commission or a hearings
|
|
officer appointed by the commission]. |
|
SECTION 23. Subsection (a), Section 1101.658, Occupations |
|
Code, is amended to read as follows: |
|
(a) A person aggrieved by a ruling, order, or decision under |
|
this subchapter [of the commission] is entitled to appeal to a |
|
district court in the county in which the administrative hearing |
|
was held. |
|
SECTION 24. Subchapter N, Chapter 1101, Occupations Code, |
|
is amended by adding Sections 1101.659 through 1101.662 to read as |
|
follows: |
|
Sec. 1101.659. REFUND. (a) Subject to Subsection (b), the |
|
commission may order a person regulated by the commission to pay a |
|
refund to a consumer as provided in an agreement resulting from an |
|
informal settlement conference or an enforcement order instead of |
|
or in addition to imposing an administrative penalty or other |
|
sanctions. |
|
(b) The amount of a refund ordered as provided in an |
|
agreement resulting from an informal settlement conference or an |
|
enforcement order may not exceed the amount the consumer paid to the |
|
person for a service or accommodation regulated by this commission. |
|
The commission may not require payment of other damages or estimate |
|
harm in a refund order. |
|
Sec. 1101.660. INFORMAL PROCEEDINGS. (a) The commission |
|
by rule shall adopt procedures governing informal disposition of a |
|
contested case. |
|
(b) Rules adopted under this section must: |
|
(1) provide the complainant and the license holder, |
|
certificate holder, or regulated entity an opportunity to be heard; |
|
and |
|
(2) require the presence of: |
|
(A) a public member of the commission for a case |
|
involving a consumer complaint; and |
|
(B) at least two staff members of the commission |
|
with experience in the regulatory area that is the subject of the |
|
proceeding. |
|
Sec. 1101.661. FINAL ORDER. The commission may issue a |
|
final order in a proceeding under this subchapter or Subchapter O |
|
regarding a person whose license has expired during the course of an |
|
investigation or administrative proceeding. |
|
Sec. 1101.662. TEMPORARY SUSPENSION. (a) The presiding |
|
officer of the commission shall appoint a disciplinary panel |
|
consisting of three commission members to determine whether a |
|
person's license to practice under this chapter should be |
|
temporarily suspended. |
|
(b) If the disciplinary panel determines from the |
|
information presented to the panel that a person licensed to |
|
practice under this chapter would, by the person's continued |
|
practice, constitute a continuing threat to the public welfare, the |
|
panel shall temporarily suspend the license of that person. |
|
(c) A license may be suspended under this section without |
|
notice or hearing on the complaint if: |
|
(1) institution of proceedings for a hearing before |
|
the commission is initiated simultaneously with the temporary |
|
suspension; and |
|
(2) a hearing is held under Chapter 2001, Government |
|
Code, and this chapter as soon as possible. |
|
(d) Notwithstanding Chapter 551, Government Code, the |
|
disciplinary panel may hold a meeting by telephone conference call |
|
if immediate action is required and convening the panel at one |
|
location is inconvenient for any member of the panel. |
|
SECTION 25. Section 1101.701, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1101.701. IMPOSITION OF ADMINISTRATIVE PENALTY. |
|
(a) The commission may impose an administrative penalty on a |
|
person who violates this chapter or a rule adopted or order issued |
|
by the commission under this chapter. |
|
(b) The commission shall periodically review the |
|
commission's enforcement procedures and ensure that administrative |
|
penalty and disciplinary proceedings are combined into a single |
|
enforcement procedure. |
|
(c) The commission may combine a proceeding to impose an |
|
administrative penalty with another disciplinary proceeding, |
|
including a proceeding to suspend or revoke a license. |
|
SECTION 26. Section 1101.702, Occupations Code, is amended |
|
by amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
|
(a) The amount of an administrative penalty may not exceed |
|
$5,000 [$1,000] for each violation. Each day a violation continues |
|
or occurs may be considered a separate violation for purposes of |
|
imposing a penalty [if the commission determines that the person
|
|
charged:
|
|
[(1)
engaged in an activity for which a broker or
|
|
salesperson license is required without holding a license; and
|
|
[(2)
was not licensed by the commission as a broker or
|
|
salesperson at any time in the four years preceding the date of the
|
|
violation]. |
|
(c) The commission by rule shall adopt a schedule of |
|
administrative penalties based on the criteria listed in Subsection |
|
(b) for violations subject to an administrative penalty under this |
|
section to ensure that the amount of a penalty imposed is |
|
appropriate to the violation. The rules adopted under this |
|
subsection must provide authority for the commission to suspend or |
|
revoke a license in addition to or instead of imposing an |
|
administrative penalty. |
|
SECTION 27. The heading to Section 1101.703, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1101.703. [REPORT AND] NOTICE OF VIOLATION AND |
|
PENALTY. |
|
SECTION 28. Subsection (a), Section 1101.703, Occupations |
|
Code, is amended to read as follows: |
|
(a) If, after investigation of a possible violation and the |
|
facts relating to that violation, the administrator determines that |
|
a violation has occurred, the administrator may issue a notice of |
|
violation [report] stating: |
|
(1) a brief summary of the alleged violation [the
|
|
facts on which the determination is based]; [and] |
|
(2) the administrator's recommendation on the |
|
imposition of the administrative penalty or another disciplinary |
|
sanction, including a recommendation on the amount of the penalty; |
|
and |
|
(3) that the respondent has the right to a hearing to |
|
contest the alleged violation, the recommended penalty, or both. |
|
SECTION 29. Section 1101.704, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1101.704. PENALTY TO BE PAID OR HEARING REQUESTED. |
|
(a) Not later than the 20th day after the date the person receives |
|
the notice under Section 1101.703, the person may: |
|
(1) accept the administrator's determination, |
|
including the recommended administrative penalty; or |
|
(2) request in writing a hearing on the occurrence of |
|
the violation, the amount of the penalty, or both [determination]. |
|
(b) If the person accepts the administrator's |
|
determination, or fails to respond in a timely manner to the notice, |
|
the commission by order shall approve the determination and order |
|
payment of the recommended penalty or impose the recommended |
|
sanction. |
|
SECTION 30. The heading to Section 1101.705, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1101.705. HEARING; DECISION [BY COMMISSION]. |
|
SECTION 31. Subsections (a), (b), (c), and (e), Section |
|
1101.705, Occupations Code, are amended to read as follows: |
|
(a) If the person requests a hearing [or fails to timely
|
|
respond to the notice], the administrator shall set a hearing and |
|
give notice of the hearing to the person. |
|
(b) An administrative law judge of the State Office of |
|
Administrative Hearings [A hearings examiner designated by the
|
|
administrator] shall conduct the hearing. The administrative law |
|
judge [hearings examiner] shall: |
|
(1) make findings of fact and conclusions of law; and |
|
(2) promptly issue to the commission a proposal for |
|
decision regarding the occurrence of the violation and the amount |
|
of any proposed administrative penalty. |
|
(c) Based on the findings of fact, conclusions of law, and |
|
proposal for decision of the administrative law judge [hearings
|
|
examiner], the commission by order may determine that: |
|
(1) a violation occurred and impose an administrative |
|
penalty; or |
|
(2) a violation did not occur. |
|
(e) The notice of the commission's order given to the person |
|
under Chapter 2001, Government Code, must include a statement of |
|
the person's right to judicial review of the order [The commission
|
|
may authorize the hearings examiner to conduct the hearing and
|
|
enter a final decision]. |
|
SECTION 32. Section 1101.707, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1101.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
(a) Not later than the 30th day after the date the commission's |
|
order becomes final, the person shall: |
|
(1) pay the administrative penalty; or |
|
(2) file a petition for judicial review [with a
|
|
district court in Travis County] contesting the occurrence [fact] |
|
of the violation, the amount of the penalty, or both. |
|
(b) Within the 30-day period prescribed by Subsection (a), a |
|
person who files a petition for judicial review [acts under
|
|
Subsection (a)(2)] may: |
|
(1) stay enforcement of the penalty by: |
|
(A) [(1)] paying the penalty to the court |
|
[administrator] for placement in an escrow account; or |
|
(B) [(2)] giving the court [administrator] a |
|
supersedeas bond in a form approved by the court [administrator] |
|
that: |
|
(i) [(A)] is for the amount of the penalty; |
|
and |
|
(ii) [(B)] is effective until judicial |
|
review of the order is final; or |
|
(2) request the court to stay enforcement by: |
|
(A) [(3)] filing with the court [administrator] |
|
an affidavit of the person stating that the person is financially |
|
unable to pay the penalty and is financially unable to give the |
|
supersedeas bond; and |
|
(B) giving a copy of the affidavit to the |
|
administrator by certified mail. |
|
(c) If the administrator receives a copy of an affidavit |
|
under Subsection (b)(2), the administrator may file with the court, |
|
within five days after the date the copy is received, a contest to |
|
the affidavit [A person who fails to take action as provided by this
|
|
section waives the right to judicial review of the commission's
|
|
order]. |
|
(d) The court shall hold a hearing on the facts alleged in |
|
the affidavit as soon as practicable and shall stay the enforcement |
|
of the penalty on finding that the alleged facts are true. The |
|
person who files an affidavit has the burden of proving that the |
|
person is financially unable to pay the penalty and to give a |
|
supersedeas bond. |
|
SECTION 33. Subchapter O, Chapter 1101, Occupations Code, |
|
is amended by adding Section 1101.7085 to read as follows: |
|
Sec. 1101.7085. DETERMINATION BY COURT. (a) If the court |
|
sustains the determination that a violation occurred, the court may |
|
uphold or reduce the amount of the administrative penalty and order |
|
the person to pay the full or reduced amount of the penalty. |
|
(b) If the court does not sustain the finding that a |
|
violation occurred, the court shall order that a penalty is not |
|
owed. |
|
SECTION 34. Section 1101.709, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1101.709. REMITTANCE OF PENALTY AND INTEREST. (a) If |
|
after judicial review the administrative penalty is reduced or is |
|
not upheld by the court, the court [administrator] shall[:
|
|
[(1)] remit the appropriate amount, plus accrued |
|
interest, to the person if the person paid the penalty[; or
|
|
[(2)
execute a release of the bond if the person gave a
|
|
supersedeas bond]. |
|
(b) The interest [Interest] accrues [under Subsection
|
|
(a)(1)] at the rate charged on loans to depository institutions by |
|
the New York Federal Reserve Bank. |
|
(c) The interest shall be paid for the period beginning on |
|
the date the penalty is paid and ending on the date the penalty is |
|
remitted. |
|
(d) If the person gave a supersedeas bond and the penalty is |
|
not upheld by the court, the court shall order, when the court's |
|
judgment becomes final, the release of the bond. |
|
(e) If the person gave a supersedeas bond and the amount of |
|
the penalty is reduced, the court shall order the release of the |
|
bond after the person pays the reduced amount. |
|
SECTION 35. Subchapter O, Chapter 1101, Occupations Code, |
|
is amended by adding Section 1101.710 to read as follows: |
|
Sec. 1101.710. ADMINISTRATIVE PROCEDURE. A proceeding |
|
under this subchapter is subject to Chapter 2001, Government Code. |
|
SECTION 36. Subchapter P, Chapter 1101, Occupations Code, |
|
is amended by adding Section 1101.759 to read as follows: |
|
Sec. 1101.759. CEASE AND DESIST ORDER. (a) If it appears |
|
to the commission that a person is violating this chapter or Chapter |
|
1102 or a rule adopted under this chapter or Chapter 1102, the |
|
commission, after notice and opportunity for a hearing, may issue a |
|
cease and desist order prohibiting the person from engaging in the |
|
activity. |
|
(b) A violation of an order under this section constitutes |
|
grounds for imposing an administrative penalty under Subchapter O. |
|
SECTION 37. Subsection (a), Section 1102.051, Occupations |
|
Code, is amended to read as follows: |
|
(a) The Texas Real Estate Inspector Committee is an advisory |
|
committee [consists of nine members] appointed by the commission. |
|
SECTION 38. Section 1102.114, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1102.114. ISSUANCE OF LICENSE. The commission shall |
|
issue the appropriate license to an applicant who: |
|
(1) meets the required qualifications; [and] |
|
(2) pays the fee required by Section 1102.352(a); and |
|
(3) offers proof that the applicant carries liability |
|
insurance with a minimum limit of $100,000 per occurrence to |
|
protect the public against a violation of Subchapter G. |
|
SECTION 39. Subsection (a), Section 1102.203, Occupations |
|
Code, is amended to read as follows: |
|
(a) A person may renew an unexpired license by paying the |
|
required renewal fee to the commission before the expiration date |
|
of the license and providing proof of liability insurance as |
|
required by Section 1102.114(3). |
|
SECTION 40. Section 1102.205, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1102.205. CONTINUING EDUCATION REQUIREMENTS. |
|
(a) The commission shall approve, recognize, prepare, or |
|
administer a continuing education program for inspectors. |
|
(b) As a prerequisite for renewal of a real estate inspector |
|
license, professional inspector license, or apprentice inspector |
|
license, the inspector must participate in the continuing education |
|
program and submit evidence satisfactory to the commission of |
|
successful completion of at least 16 classroom hours of core real |
|
estate inspection courses or continuing education courses for each |
|
year of the license period preceding the renewal. |
|
SECTION 41. Section 1102.251, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1102.251. [AMOUNT OF] FEES. The commission shall |
|
charge and collect reasonable and necessary fees to cover the cost |
|
of administering this chapter for [as follows]: |
|
(1) [for] filing an original application for an |
|
apprentice inspector license[, not more than $75]; |
|
(2) [for] filing an original application for a real |
|
estate inspector license[, not more than $125]; |
|
(3) [for] filing an original application for a |
|
professional inspector license[, not more than $150]; |
|
(4) [for] renewal of an apprentice inspector license[,
|
|
not more than $125]; |
|
(5) [for] renewal of a real estate inspector license[,
|
|
not more than $175]; |
|
(6) [for] renewal of a professional inspector |
|
license[, not more than $200]; |
|
(7) [for] a license examination[, not more than $100]; |
|
(8) [for] a request to change a place of business or to |
|
replace a lost or destroyed license[, not more than $20]; and |
|
(9) [for] filing a request for issuance of a license |
|
because of a change of name, return to active status, or change in |
|
sponsoring professional inspector[, not more than $20]. |
|
SECTION 42. The heading to Subchapter I, Chapter 1102, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER I. DISCIPLINARY PROCEEDINGS, PENALTIES, AND |
|
ENFORCEMENT PROVISIONS |
|
SECTION 43. Subchapter I, Chapter 1102, Occupations Code, |
|
is amended by adding Section 1102.408 to read as follows: |
|
Sec. 1102.408. TEMPORARY SUSPENSION. (a) The presiding |
|
officer of the commission shall appoint a disciplinary panel |
|
consisting of three commission members to determine whether a |
|
person's license to practice under this chapter should be |
|
temporarily suspended. |
|
(b) If the disciplinary panel determines from the |
|
information presented to the panel that a person licensed to |
|
practice under this chapter would, by the person's continued |
|
practice, constitute a continuing threat to the public welfare, the |
|
panel shall temporarily suspend the license of that person. |
|
(c) A license may be suspended under this section without |
|
notice or hearing on the complaint if: |
|
(1) institution of proceedings for a hearing before |
|
the commission is initiated simultaneously with the temporary |
|
suspension; and |
|
(2) a hearing is held under Chapter 2001, Government |
|
Code, and this chapter as soon as possible. |
|
(d) Notwithstanding Chapter 551, Government Code, the |
|
disciplinary panel may hold a meeting by telephone conference call |
|
if immediate action is required and convening the panel at one |
|
location is inconvenient for any member of the panel. |
|
SECTION 44. Subsection (a), Section 1103.101, Occupations |
|
Code, is amended to read as follows: |
|
(a) The administrator of the Texas Real Estate Commission |
|
shall serve as [board shall employ a] commissioner. |
|
SECTION 45. Subsection (a), Section 1103.103, Occupations |
|
Code, is amended to read as follows: |
|
(a) The administrator of the Texas Real Estate Commission |
|
[board] shall determine the salaries of the [commissioner,] |
|
officers[,] and employees of the board. |
|
SECTION 46. Section 1103.104, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.104. DUTIES OF COMMISSIONER. The commissioner |
|
shall: |
|
(1) disseminate information; |
|
(2) administer rules adopted by the board under this |
|
chapter; |
|
(3) review each application for a certificate or |
|
license and make a recommendation for final action to the board; |
|
(4) review and make recommendations to the board |
|
regarding the adoption of rules relating to: |
|
(A) the examination required by Subchapter F; |
|
(B) education and experience requirements for |
|
issuance of certificates and licenses; |
|
(C) continuing education for a certified or |
|
licensed appraiser; |
|
(D) standards of professional practice and |
|
ethics for a certified or licensed appraiser; |
|
(E) standards for a real estate appraisal |
|
performed by a certified or licensed appraiser; and |
|
(F) the fees established by the board under |
|
Section 1103.156; |
|
(5) collect fees established by the board; [and] |
|
(6) manage the staff and employees of the board; and |
|
(7) perform any other duty prescribed by the board |
|
under this chapter. |
|
SECTION 47. Section 1103.504, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.504. ATTORNEY GENERAL REPRESENTATION. The |
|
attorney general [shall provide legal representation for the public
|
|
interest in all proceedings before the board and] may not represent |
|
the board in a contested case before the State Office of |
|
Administrative Hearings [board]. |
|
SECTION 48. Subsections (a) and (d), Section 1103.508, |
|
Occupations Code, are amended to read as follows: |
|
(a) A contested case hearing shall [may] be conducted before |
|
an administrative law judge of the State Office of Administrative |
|
Hearings [a majority of the board members]. |
|
(d) The administrative law judge [designated presiding
|
|
officer] shall control the proceedings and may: |
|
(1) administer oaths; |
|
(2) admit or exclude testimony or other evidence; and |
|
(3) rule on all motions and objections. |
|
SECTION 49. Subsection (a), Section 1103.510, Occupations |
|
Code, is amended to read as follows: |
|
(a) If an appraiser or appraiser trainee receives proper |
|
notice of a contested case hearing but does not appear in person at |
|
the hearing, the administrative law judge [board and presiding
|
|
officer] may conduct the hearing or enter an order, as the judge |
|
[board] determines appropriate. |
|
SECTION 50. Subsection (c), Section 1103.512, Occupations |
|
Code, is amended to read as follows: |
|
(c) Before testimony may be presented, the record must: |
|
(1) show the identities of: |
|
(A) any [the] board members present; |
|
(B) the administrative law judge [presiding
|
|
officer]; and |
|
(C) the parties and their representatives; and |
|
(2) state that all testimony is being recorded. |
|
SECTION 51. Section 1103.513, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.513. ORDER OF PROCEEDINGS. A contested case |
|
hearing shall be conducted in the following order, subject to |
|
modification at the discretion of the administrative law judge |
|
[board]: |
|
(1) the administrative law judge [presiding officer] |
|
shall read a summary of the charges and answers to the charges and |
|
other responsive pleadings filed by the appraiser or appraiser |
|
trainee before the hearing; |
|
(2) the attorney representing the board shall make a |
|
brief opening statement, including a summary of the charges and a |
|
list of the witnesses and documents to support the charges; |
|
(3) the appraiser or appraiser trainee may make an |
|
opening statement, including the names of any witnesses the |
|
appraiser or appraiser trainee may call; |
|
(4) the attorney representing the board shall present |
|
evidence, concluding with a summary of the evidence for the state; |
|
(5) the appraiser or appraiser trainee shall present |
|
evidence; |
|
(6) the attorney representing the board may present |
|
rebuttal evidence; |
|
(7) the appraiser or appraiser trainee may present |
|
rebuttal evidence; and |
|
(8) the closing arguments shall be made in the |
|
following order: |
|
(A) the attorney representing the board; |
|
(B) the appraiser or appraiser trainee; and |
|
(C) the attorney representing the board on |
|
rebuttal. |
|
SECTION 52. Section 1103.516, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.516. DIRECT EXAMINATION. In a contested case |
|
hearing, the administrative law judge [presiding officer] may |
|
conduct a direct examination of a witness at any stage of the |
|
witness's testimony. |
|
SECTION 53. Section 1103.518, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.518. [BOARD] ACTION AFTER HEARING. On conclusion |
|
of a contested case hearing and on submission of all written |
|
responses allowed under Section 1103.515, the administrative law |
|
judge shall [board]: |
|
(1) [shall] make findings of fact and conclusions of |
|
law; and |
|
(2) issue to the board a proposal for decision that the |
|
board [may] take one or more of the following actions: |
|
(A) dismiss the charges, including issuing an |
|
order declaring that the case file is confidential; |
|
(B) suspend or revoke the appraiser's |
|
certificate or license or the appraiser trainee's approval; |
|
(C) impose a period of probation with or without |
|
conditions; |
|
(D) require the appraiser to submit to |
|
reexamination for a certificate or license; |
|
(E) require the appraiser or appraiser trainee to |
|
participate in additional professional education or continuing |
|
education; |
|
(F) issue a public or private reprimand or a |
|
warning; |
|
(G) issue a consent order; or |
|
(H) impose an administrative penalty as |
|
prescribed by Section 1103.552. |
|
SECTION 54. Subsection (c), Section 1103.520, Occupations |
|
Code, is amended to read as follows: |
|
(c) On rehearing, the administrative law judge [board] |
|
shall consider facts not presented in the original hearing if: |
|
(1) the facts arose after the original hearing was |
|
concluded; |
|
(2) the party offering the evidence could not |
|
reasonably have provided the evidence at the original hearing; or |
|
(3) the party offering the evidence was misled by a |
|
party regarding the necessity for offering the evidence at the |
|
original hearing. |
|
SECTION 55. Subsection (a), Section 1103.521, Occupations |
|
Code, is amended to read as follows: |
|
(a) The administrative law judge [board] shall file the |
|
judge's [its] final decision in a contested case hearing with the |
|
commissioner. |
|
SECTION 56. Subsections (a) and (b), Section 1303.052, |
|
Occupations Code, are amended to read as follows: |
|
(a) A residential service company must pay to the commission |
|
a fee for filing an application for a license or an amendment to the |
|
application[, not to exceed $3,500]. |
|
(b) A residential service company shall pay to the |
|
commission a fee for: |
|
(1) filing an annual report under Section 1303.202[,
|
|
not to exceed $3,500]; and |
|
(2) any other filing required by this chapter[, not to
|
|
exceed $500]. |
|
SECTION 57. Subchapter H, Chapter 1303, Occupations Code, |
|
is amended by adding Sections 1303.355 and 1303.356 to read as |
|
follows: |
|
Sec. 1303.355. ADMINISTRATIVE PENALTY. (a) The |
|
commission may impose an administrative penalty as provided by |
|
Subchapter O, Chapter 1101, on a person who violates this chapter or |
|
a rule adopted or order issued by the commission under this chapter. |
|
(b) The amount of an administrative penalty may not exceed |
|
$5,000 for each violation. Each day a violation continues or occurs |
|
may be considered a separate violation for purposes of imposing a |
|
penalty. |
|
(c) In determining the amount of the penalty, the |
|
administrator shall consider: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the violation; |
|
(2) the economic harm caused by the violation; |
|
(3) the history of previous violations; |
|
(4) the amount necessary to deter a future violation; |
|
(5) efforts to correct the violation; and |
|
(6) any other matter that justice may require. |
|
(d) The commission by rule shall adopt a schedule of |
|
administrative penalties based on the criteria listed in Subsection |
|
(c) for violations subject to an administrative penalty under this |
|
section to ensure that the amount of a penalty imposed is |
|
appropriate to the violation. |
|
Sec. 1303.356. TEMPORARY SUSPENSION. (a) The presiding |
|
officer of the commission shall appoint a disciplinary panel |
|
consisting of three commission members to determine whether a |
|
person's license to practice under this chapter should be |
|
temporarily suspended. |
|
(b) If the disciplinary panel determines from the |
|
information presented to the panel that a person licensed to |
|
practice under this chapter would, by the person's continued |
|
practice, constitute a continuing threat to the public welfare, the |
|
panel shall temporarily suspend the license of that person. |
|
(c) A license may be suspended under this section without |
|
notice or hearing on the complaint if: |
|
(1) institution of proceedings for a hearing before |
|
the commission is initiated simultaneously with the temporary |
|
suspension; and |
|
(2) a hearing is held under Chapter 2001, Government |
|
Code, and this chapter as soon as possible. |
|
(d) Notwithstanding Chapter 551, Government Code, the |
|
disciplinary panel may hold a meeting by telephone conference call |
|
if immediate action is required and convening the panel at one |
|
location is inconvenient for any member of the panel. |
|
SECTION 58. Subchapter C, Chapter 221, Property Code, is |
|
amended by adding Section 221.027 to read as follows: |
|
Sec. 221.027. TEMPORARY SUSPENSION. (a) The presiding |
|
officer of the commission shall appoint a disciplinary panel |
|
consisting of three commission members to determine whether the |
|
registration for a timeshare plan under this chapter should be |
|
temporarily suspended. |
|
(b) If the disciplinary panel determines from the |
|
information presented to the panel that a timeshare plan registered |
|
under this chapter would, by the continued disposition of the |
|
timeshare property, constitute a continuing threat to the public |
|
welfare, the panel shall temporarily suspend the registration of |
|
the timeshare plan. |
|
(c) A registration may be suspended under this section |
|
without notice or hearing on the complaint if: |
|
(1) institution of proceedings for a hearing before |
|
the commission is initiated simultaneously with the temporary |
|
suspension; and |
|
(2) a hearing is held under Chapter 2001, Government |
|
Code, and this chapter as soon as possible. |
|
(d) Notwithstanding Chapter 551, Government Code, the |
|
disciplinary panel may hold a meeting by telephone conference call |
|
if immediate action is required and convening the panel at one |
|
location is inconvenient for any member of the panel. |
|
SECTION 59. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Subsection (g), Section 1101.204; |
|
(2) Subsections (c), (d), and (e), Section 1101.364; |
|
(3) Subsections (b), (c), and (d), Section 1101.657; |
|
(4) Subsection (b), Section 1101.703; |
|
(5) Subsections (b), (c), and (d), Section 1102.051; |
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(6) Section 1102.052; |
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(7) Section 1102.053; |
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(8) Section 1102.054; |
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(9) Section 1102.055; |
|
(10) Section 1102.056; |
|
(11) Section 1102.057; |
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(12) Subsection (a), Section 1102.058; |
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(13) Section 1102.059; |
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(14) Section 1102.061; |
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(15) Section 1102.062; and |
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(16) Subsection (c), Section 1103.508. |
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SECTION 60. (a) Not later than January 1, 2008, the Texas |
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Real Estate Commission shall: |
|
(1) adopt the policies required by Sections 1101.159 |
|
and 1101.160, Occupations Code, as added by this Act; and |
|
(2) adopt the rules required by Chapter 1101, |
|
Occupations Code, as amended by this Act. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the administrator of the Texas Real Estate Commission shall |
|
assume the administrative and management duties over the Texas |
|
Appraiser Licensing and Certification Board, as required by |
|
Sections 1103.101 and 1103.104, Occupations Code, as amended by |
|
this Act. |
|
SECTION 61. (a) The changes in law made by this Act to |
|
Section 1101.053, Occupations Code, regarding the prohibitions on |
|
or qualifications of members of the Texas Real Estate Commission do |
|
not affect the entitlement of a member serving on the commission |
|
immediately before September 1, 2007, to continue to serve and |
|
function as a member of the commission for the remainder of the |
|
member's term. The changes in law made by that section apply only |
|
to a member appointed on or after September 1, 2007. |
|
(b) The changes in law made by this Act regarding the |
|
filing, investigation, or resolution of a complaint under Chapter |
|
1101, Occupations Code, as amended by this Act, apply only to a |
|
complaint filed with the Texas Real Estate Commission on or after |
|
the effective date of this Act. A complaint filed before the |
|
effective date of this Act is governed by the law as it existed |
|
immediately before that date, and the former law is continued in |
|
effect for that purpose. |
|
(c) The change in law made by this Act regarding conduct |
|
that is grounds for imposition of a disciplinary sanction, |
|
including a refund, temporary license suspension, or cease and |
|
desist order, applies only to conduct that occurs on or after the |
|
effective date of this Act. Conduct that occurs before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the conduct occurred, and the former law is continued in effect |
|
for that purpose. |
|
(d) The changes in law made by this Act regarding the |
|
procedure for an administrative penalty apply only to a proceeding |
|
commenced on or after the effective date of this Act. A proceeding |
|
commenced before the effective date of this Act is governed by the |
|
law in effect on the date the proceeding commenced, and the former |
|
law is continued in effect for that purpose. |
|
(e) The change in law made by this Act regarding the renewal |
|
of an expired license applies only to a license that expires on or |
|
after the effective date of this Act. A license that expires before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the license expired, and the former law is continued in |
|
effect for that purpose. |
|
(f) The change in law made by this Act regarding |
|
accreditation standards for educational programs under Chapter |
|
1101, Occupations Code, as amended by this Act, applies only to an |
|
accreditation granted or renewed on or after September 1, 2009. An |
|
educational program renewing an accreditation on or after the |
|
effective date of this Act but before September 1, 2009, should |
|
strive to meet the new accreditation standards under Chapter 1101, |
|
Occupations Code, as amended by this Act, but an accreditation |
|
granted or renewed before September 1, 2009, is governed by the law |
|
in effect on the date the accreditation expired, and the former law |
|
is continued in effect for that purpose. |
|
(g) The change in law made by this Act to the authority of |
|
the Texas Real Estate Inspector Committee to develop and recommend |
|
rules under Chapter 1102, Occupations Code, as amended by this Act, |
|
applies only to a rule proposed for adoption on or after the |
|
effective date of this Act. A rule proposed for adoption before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the rule was proposed for adoption, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 62. This Act takes effect September 1, 2007. |
|
|
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|
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|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 914 passed the Senate on |
|
April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendments on May 21, 2007, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 914 passed the House, with |
|
amendments, on May 17, 2007, by the following vote: Yeas 145, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
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______________________________ |
|
Governor |