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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of newly constructed homes and requiring the |
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Texas Real Estate Commission to adopt contract forms to be used in |
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the sale of a newly constructed home. |
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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 this 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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(7) [(8)] an owner or the owner's employee who leases |
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the owner's improved or unimproved real estate; or |
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(8) [(9)] 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. |
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SECTION 2. Section 1101.155(b), Occupations Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 1101.562, the [The] |
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commission may not prohibit a license holder from using for the |
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sale, exchange, option, or lease of an interest in real property a |
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contract form that is: |
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(1) prepared by the property owner; or |
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(2) prepared by an attorney and required by the |
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property owner. |
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SECTION 3. Section 1101.557(c), Occupations Code, is |
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amended to read as follows: |
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(c) For the purposes of this section: |
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(1) a license holder who has the authority to bind a |
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party to a lease or sale under a power of attorney or a property |
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management agreement is also a party to the lease or sale; and |
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(2) [an inquiry to a person described by Section
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1101.005(6) about contract terms or forms required by the person's
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employer does not violate Section 1101.652(b)(22) if the person
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does not have the authority to bind the employer to the contract;
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and
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[(3)] the sole delivery of an offer to a party does not |
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violate Section 1101.652(b)(22) if: |
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(A) the party's broker consents to the delivery; |
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(B) a copy of the offer is sent to the party's |
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broker, unless a governmental agency using a sealed bid process |
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does not allow a copy to be sent; and |
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(C) the person delivering the offer does not |
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engage in another activity that directly or indirectly violates |
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Section 1101.652(b)(22). |
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SECTION 4. Subchapter L, Chapter 1101, Occupations Code, is |
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amended by adding Section 1101.562 to read as follows: |
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Sec. 1101.562. USE OF BROKER OR SALESPERSON IN CERTAIN |
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TRANSACTIONS. (a) Notwithstanding any other law, a person shall |
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use the services of a broker or salesperson for a transaction that |
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involves the sale of a new single-family home. |
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(b) The commission by rule shall require a license holder |
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providing services in a transaction described by Subsection (a) to |
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use contract forms prepared by the Texas Real Estate Broker-Lawyer |
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Committee and adopted by the commission for the sale of a new |
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single-family home. The commission may not prohibit a license |
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holder from using a contract form for the sale of a new |
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single-family home if the form is: |
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(1) prepared by the purchaser; or |
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(2) prepared by an attorney and required by the |
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purchaser. |
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(c) A contract form required by the commission under |
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Subsection (b) may not include a provision that requires the |
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parties to submit a dispute arising under the contract to binding |
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arbitration. |
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SECTION 5. (a) Not later than December 1, 2013, the Texas |
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Real Estate Commission shall adopt rules and forms required by |
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Section 1101.562, Occupations Code, as added by this Act. |
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(b) Section 1101.562, Occupations Code, as added by this |
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Act, applies to a transaction that occurs on or after January 1, |
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2014. A transaction that occurs before January 1, 2014, is governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 6. 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, 2013. |