| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to removing licensing and fee requirements for certain |
|
|
salespersons who sell or lease-purchase or offer to sell or |
|
|
lease-purchase manufactured housing to a consumer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1201.003(17), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(17) "License holder" or "licensee" means a person who |
|
|
holds a department-issued license as a manufacturer, retailer, |
|
|
broker, rebuilder, [salesperson,] or installer. |
|
|
SECTION 2. Section 1201.056, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1201.056. LICENSE FEES. The board shall establish |
|
|
fees for the issuance and renewal of licenses for: |
|
|
(1) manufacturers; |
|
|
(2) retailers; |
|
|
(3) brokers; |
|
|
(4) [salespersons;
|
|
|
[(5)] rebuilders; and |
|
|
(5) [(6)] installers. |
|
|
SECTION 3. Section 1201.102(d), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(d) A person who holds a real estate broker's [or
|
|
|
salesperson's] license under Chapter 1101 may act as a broker [or
|
|
|
salesperson] under this chapter without holding a license or filing |
|
|
a bond or other security as required by this chapter if negotiations |
|
|
for the sale, exchange, or lease-purchase of a manufactured home |
|
|
are conducted for a consumer for whom the person is also acting as a |
|
|
real estate broker [or salesperson] under Chapter 1101 consistent |
|
|
with Section 1201.007. |
|
|
SECTION 4. Section 1201.007, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1201.007. EXCEPTION FOR REAL ESTATE BROKERS [AND
|
|
|
SALESPERSONS]. This chapter does not: |
|
|
(1) modify or amend Chapter 1101 or 1102; or |
|
|
(2) apply to a person who is licensed as a real estate |
|
|
broker [or salesperson] under Chapter 1101 and who, as agent of a |
|
|
buyer or seller, negotiates the sale or lease of a manufactured home |
|
|
and the real property to which the home is attached if: |
|
|
(A) the same person is the record owner of both |
|
|
the manufactured home and the real property; and |
|
|
(B) the sale or lease occurs in a single real |
|
|
estate transaction. |
|
|
SECTION 5. Sections 1201.104(a) and (b), Occupations Code, |
|
|
are amended to read as follows: |
|
|
(a) Except as provided by Subsection (g), as a requirement |
|
|
for a manufacturer's, retailer's, broker's, installer's, or salvage |
|
|
rebuilder's[, or salesperson's] license, a person who was not |
|
|
licensed or registered with the department or a predecessor agency |
|
|
on September 1, 1987, must, not more than 12 months before applying |
|
|
for the person's first license under this chapter, attend and |
|
|
successfully complete eight hours of instruction in the law, |
|
|
including instruction in consumer protection regulations. |
|
|
(b) Successful [Except in the case of an applicant for a
|
|
|
salesperson's license, successful] completion of the course of |
|
|
instruction is a prerequisite to obtaining the license. |
|
|
SECTION 6. Section 1201.610(h), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(h) An order revoking the license of a retailer, broker, or |
|
|
installer[, or salesperson] may provide that the person is |
|
|
prohibited, without obtaining prior written consent of the |
|
|
director, from being a related person of a licensee. |
|
|
SECTION 7. The following sections of the Occupations Code |
|
|
are repealed: |
|
|
(1) Section 1201.101(f); |
|
|
(2) Section 1201.102(c); |
|
|
(3) Section 1201.103(d); |
|
|
(4) Section 1201.104(c); and |
|
|
(5) Section 1201.158. |
|
|
SECTION 8. This Act takes effect September 1, 2013. |