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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of real estate brokers, agents, |
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inspectors, appraisers, and appraisal management companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.652(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission may suspend or revoke a license issued |
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under this chapter or Chapter 1102 or take other disciplinary |
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action authorized by this chapter or Chapter 1102 if the license |
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holder: |
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(1) [enters a plea of guilty or nolo contendere to or |
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is convicted of a felony or a criminal offense involving fraud, and |
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the time for appeal has elapsed or the judgment or conviction has |
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been affirmed on appeal, without regard to an order granting |
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community supervision that suspends the imposition of the sentence; |
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[(2)] procures or attempts to procure a license under |
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this chapter or Chapter 1102 for the license holder by fraud, |
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misrepresentation, or deceit or by making a material misstatement |
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of fact in an application for a license; |
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(2) [(3)] fails to honor, within a reasonable time, a |
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check issued to the commission after the commission has sent by |
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certified mail a request for payment to the license holder's last |
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known business address according to commission records; |
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(3) [(4)] fails to provide, within a reasonable time, |
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information requested by the commission that relates to a formal or |
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informal complaint to the commission that would indicate a |
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violation of this chapter or Chapter 1102; |
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(4) [(5)] fails to surrender to the owner, without |
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just cause, a document or instrument that is requested by the owner |
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and that is in the license holder's possession; |
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(5) [(6)] fails to consider market conditions for the |
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specific geographic area in which the license holder is providing a |
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service; |
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(6) [(7)] fails to notify the commission, not later |
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than the 30th day after the date of a final conviction or the entry |
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of a plea of guilty or nolo contendere, that the person has been |
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convicted of or entered a plea of guilty or nolo contendere to a |
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felony or a criminal offense involving fraud; or |
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(7) [(8)] disregards or violates this chapter or |
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Chapter 1102. |
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SECTION 2. Subchapter N, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.6565 to read as follows: |
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Sec. 1101.6565. SUSPENSION, REVOCATION, OR DENIAL FOR |
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CERTAIN OFFENSES; ELIGIBILITY FOR NEW LICENSE OR CERTIFICATE. (a) |
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The commission shall suspend or revoke a person's license or |
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certificate of registration or deny the issuance or renewal of a |
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license or certificate of registration under this chapter or |
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Chapter 1102 if: |
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(1) without regard to an order granting community |
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supervision, the person enters a plea of guilty or nolo contendere |
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to or is convicted of: |
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(A) a felony; |
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(B) an offense under Chapter 31, 32, 34, or 35, |
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Penal Code; or |
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(C) an offense under Chapter 481, Health and |
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Safety Code, involving the manufacture of, delivery of, or |
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possession with intent to deliver a controlled substance; and |
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(2) with respect to an offense described by |
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Subdivision (1), the time for appeal has elapsed or the judgment or |
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conviction has been affirmed on appeal. |
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(b) A person whose license or certificate of registration |
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has been revoked under this section is not eligible for a new |
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license or certificate of registration under this chapter until the |
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tenth anniversary of the later of: |
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(1) the date of the revocation; or |
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(2) the date on which the person discharged the |
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sentence for the offense for which the person's license or |
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certificate of registration was revoked including, as applicable, |
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paying any fine or completing any period of supervision. |
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SECTION 3. Subchapter J, Chapter 1103, Occupations Code, is |
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amended by adding Section 1103.450 to read as follows: |
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Sec. 1103.450. SUSPENSION, REVOCATION, OR DENIAL FOR |
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CERTAIN OFFENSES; ELIGIBILITY FOR NEW CERTIFICATE OR LICENSE. (a) |
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The board shall suspend or revoke a person's certificate or license |
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or deny the issuance or renewal of a certificate or license under |
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this chapter if: |
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(1) without regard to an order granting community |
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supervision, the person enters a plea of guilty or nolo contendere |
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to or is convicted of: |
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(A) a felony; |
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(B) an offense under Chapter 31, 32, 34, or 35, |
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Penal Code; or |
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(C) an offense under Chapter 481, Health and |
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Safety Code, involving the manufacture of, delivery of, or |
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possession with intent to deliver a controlled substance; and |
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(2) with respect to an offense described by |
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Subdivision (1), the time for appeal has elapsed or the judgment or |
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conviction has been affirmed on appeal. |
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(b) A person whose certificate or license has been revoked |
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under this section is not eligible for a new certificate or license |
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under this chapter until the tenth anniversary of the later of: |
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(1) the date of the revocation; or |
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(2) the date on which the person discharged the |
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sentence for the offense for which the person's certificate or |
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license was revoked including, as applicable, paying any fine or |
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completing any period of supervision. |
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SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is |
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amended by adding Section 1104.2015 to read as follows: |
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Sec. 1104.2015. SUSPENSION, REVOCATION, OR DENIAL FOR |
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CERTAIN OFFENSES; ELIGIBILITY FOR NEW REGISTRATION. (a) The board |
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shall suspend or revoke a person's registration or deny the |
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issuance or renewal of a registration under this chapter if: |
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(1) without regard to an order granting community |
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supervision, the person enters a plea of guilty or nolo contendere |
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to or is convicted of: |
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(A) a felony; |
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(B) an offense under Chapter 31, 32, 34, or 35, |
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Penal Code; or |
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(C) an offense under Chapter 481, Health and |
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Safety Code, involving the manufacture of, delivery of, or |
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possession with intent to deliver a controlled substance; and |
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(2) with respect to an offense described by |
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Subdivision (1), the time for appeal has elapsed or the judgment or |
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conviction has been affirmed on appeal. |
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(b) A person whose registration has been revoked under this |
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section is not eligible for a new registration issued under this |
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chapter until the tenth anniversary of the later of: |
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(1) the date of the revocation; or |
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(2) the date on which the person discharged the |
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sentence for the offense for which the person's registration was |
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revoked including, as applicable, paying any fine or completing any |
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period of supervision. |
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SECTION 5. Sections 1101.6565(a), 1103.450(a), and |
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1104.2015(a), Occupations Code, as added by this Act, apply to a |
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person who entered a plea of guilty or nolo contendere to or was |
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convicted of an offense to which those subsections apply on or after |
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January 1, 2020. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the Texas Real Estate Commission and the Texas |
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Appraiser Licensing and Certification Board shall adopt rules |
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necessary to implement the changes in law made by this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |