BILL ANALYSIS

S.B. 1812

By: Nichols

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, easement and right-of-way agents are licensed by the Texas Real Estate Commission (TREC) and negotiate with property owners on behalf of pipeline companies, among other entities, for the purpose of acquiring easements, rights-of-way, and other land acquisitions.  These agents may access a person's property, including entry into a home or other structure.  In light of this access, a background check should be instituted as part of the licensure requirement. S.B. 1812 addresses this issue by requiring the TREC to require a criminal background check as part of its licensure requirements for easement and right-of-way agents.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1812 amends the Occupations Code to require an applicant for an original certificate of registration or renewal of a certificate of registration under The Real Estate License Act to comply with the criminal history record check requirements of that act.

EFFECTIVE DATE

September 1, 2011.