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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of landmen by the Texas |
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Real Estate Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.002, Occupations Code, is amended |
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by adding Subdivision (3-a) to read as follows: |
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(3-a) "Landman" means a person who, in the course and |
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scope of the person's business: |
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(A) acquires or manages petroleum, natural gas, |
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or mineral interests; |
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(B) performs title or contract functions related |
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to the exploration, exploitation, or disposition of petroleum, |
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natural gas, or mineral interests; |
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(C) negotiates for the acquisition or |
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divestiture of petroleum, natural gas, or mineral rights, including |
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the acquisition or divestiture of land or petroleum, natural gas, |
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or mineral rights for a pipeline; or |
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(D) negotiates business agreements that provide |
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for the exploration for or development of petroleum, natural gas, |
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or minerals. |
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SECTION 2. 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 subject to Section 1101.3515; |
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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. |
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SECTION 3. Subchapter H, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.3515 to read as follows: |
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Sec. 1101.3515. LANDMAN LICENSE REQUIRED. (a) A person may |
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not act as or represent that the person is a landman in this state |
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unless the person holds a landman license under this chapter. |
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(b) An applicant for a landman license shall submit an |
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application to the commission on the form prescribed by the |
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commission, pay the fee established by commission rule, and comply |
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with any other requirements established by commission rule, |
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including eligibility and examination requirements. An applicant |
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for a landman license may not act as a landman until the person |
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receives a license issued by the commission. |
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(c) To protect the public, the commission by rule shall: |
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(1) establish the eligibility requirements for a |
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landman license holder, including education, experience, and |
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examination requirements as appropriate; |
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(2) establish the moral character requirements, |
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including honesty, trustworthiness, and integrity, an applicant or |
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license holder must satisfy to hold a landman license; |
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(3) establish the form and procedures for applying for |
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a landman license; |
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(4) set the application and license fees; |
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(5) establish the term of the license and renewal |
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procedures and fees; |
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(6) establish continuing education requirements; |
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(7) determine the scope of practice by a landman |
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license holder; and |
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(8) require a landman license holder to comply with |
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the standards of conduct and ethics established by the commission |
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for a person licensed under this chapter. |
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(d) A landman license is valid for the term established by |
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commission rule. A landman may renew a landman license by |
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submitting a renewal application to the commission on the form |
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prescribed by the commission, paying the required renewal fee, and |
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complying with any other requirements established by commission |
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rule, including continuing education requirements. |
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(e) A licensed landman or person required to be licensed as |
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a landman who violates this chapter or rules adopted under this |
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chapter is subject to disciplinary action under this chapter. |
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SECTION 4. (a) Not later than January 1, 2010, the Texas |
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Real Estate Commission shall adopt the rules necessary to implement |
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Section 1101.3515, Occupations Code, as added by this Act. |
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(b) Notwithstanding Section 1101.3515, Occupations Code, as |
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added by this Act, a person is not required to hold a landman |
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license to act as a landman in this state until March 1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |