81R8424 YDB-D
By: Geren H.B. No. 1405
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of landmen by the Texas
Real Estate Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.002, Occupations Code, is amended
by adding Subdivision (3-a) to read as follows:
(3-a) "Landman" means a person who, in the course and
scope of the person's business:
(A) acquires or manages petroleum, natural gas,
or mineral interests;
(B) performs title or contract functions related
to the exploration, exploitation, or disposition of petroleum,
natural gas, or mineral interests;
(C) negotiates for the acquisition or
divestiture of petroleum, natural gas, or mineral rights, including
the acquisition or divestiture of land or petroleum, natural gas,
or mineral rights for a pipeline; or
(D) negotiates business agreements that provide
for the exploration for or development of petroleum, natural gas,
or minerals.
SECTION 2. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in any state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct a real estate transaction;
(3) a public official while engaged in official
duties;
(4) an auctioneer licensed under Chapter 1802 while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker or salesperson;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate;
(9) a partnership or limited liability partnership
acting as a broker or salesperson through a partner who is a
licensed broker; or
(10) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property subject to Section 1101.3515;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 3. Subchapter H, Chapter 1101, Occupations Code, is
amended by adding Section 1101.3515 to read as follows:
Sec. 1101.3515. LANDMAN LICENSE REQUIRED. (a) A person may
not act as or represent that the person is a landman in this state
unless the person holds a landman license under this chapter.
(b) An applicant for a landman license shall submit an
application to the commission on the form prescribed by the
commission, pay the fee established by commission rule, and comply
with any other requirements established by commission rule,
including eligibility and examination requirements. An applicant
for a landman license may not act as a landman until the person
receives a license issued by the commission.
(c) To protect the public, the commission by rule shall:
(1) establish the eligibility requirements for a
landman license holder, including education, experience, and
examination requirements as appropriate;
(2) establish the moral character requirements,
including honesty, trustworthiness, and integrity, an applicant or
license holder must satisfy to hold a landman license;
(3) establish the form and procedures for applying for
a landman license;
(4) set the application and license fees;
(5) establish the term of the license and renewal
procedures and fees;
(6) establish continuing education requirements;
(7) determine the scope of practice by a landman
license holder; and
(8) require a landman license holder to comply with
the standards of conduct and ethics established by the commission
for a person licensed under this chapter.
(d) A landman license is valid for the term established by
commission rule. A landman may renew a landman license by
submitting a renewal application to the commission on the form
prescribed by the commission, paying the required renewal fee, and
complying with any other requirements established by commission
rule, including continuing education requirements.
(e) A licensed landman or person required to be licensed as
a landman who violates this chapter or rules adopted under this
chapter is subject to disciplinary action under this chapter.
SECTION 4. (a) Not later than January 1, 2010, the Texas
Real Estate Commission shall adopt the rules necessary to implement
Section 1101.3515, Occupations Code, as added by this Act.
(b) Notwithstanding Section 1101.3515, Occupations Code, as
added by this Act, a person is not required to hold a landman
license to act as a landman in this state until March 1, 2010.
SECTION 5. This Act takes effect September 1, 2009.