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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions from the requirements governing real estate |
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brokers and salespersons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.005, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter |
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does not apply to: |
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(1) an attorney licensed in any state; |
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(2) an attorney-in-fact authorized under a power of |
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attorney to conduct a real estate transaction; |
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(3) a public official while engaged in official |
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duties; |
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(4) an auctioneer licensed under Chapter 1802 while |
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conducting the sale of real estate by auction if the auctioneer does |
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not perform another act of a broker or salesperson; |
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(5) a person conducting a real estate transaction |
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under a court order or the authority of a will or written trust |
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instrument; |
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(6) a person employed by an owner in the sale of |
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structures and land on which structures are located if the |
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structures are erected by the owner in the course of the owner's |
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business; |
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(7) an on-site manager of an apartment complex; |
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(8) an owner or the owner's employee who leases the |
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owner's improved or unimproved real estate; |
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(9) a partnership or limited liability partnership |
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acting as a broker or salesperson through a partner who is a |
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licensed broker; [or] |
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(10) a transaction involving: |
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(A) the sale, lease, or transfer of a mineral or |
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mining interest in real property; |
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(B) the sale, lease, or transfer of a cemetery |
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lot; |
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(C) the lease or management of a hotel or motel; |
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or |
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(D) the sale of real property under a power of |
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sale conferred by a deed of trust or other contract lien; or |
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(11) an employee of a property management company who |
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shows and leases condominiums on behalf of the management company |
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that has been hired by a condominium unit owners' association for |
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the purpose of leasing units. |
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SECTION 2. This Act takes effect September 1, 2009. |