Texas 2009 - 81st Regular

Texas House Bill HB1405 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8424 YDB-D
2	2	By: Geren H.B. No. 1405
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of landmen by the Texas
8	8	Real Estate Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1101.002, Occupations Code, is amended
11	11	by adding Subdivision (3-a) to read as follows:
12	12	(3-a) "Landman" means a person who, in the course and
13	13	scope of the person's business:
14	14	(A) acquires or manages petroleum, natural gas,
15	15	or mineral interests;
16	16	(B) performs title or contract functions related
17	17	to the exploration, exploitation, or disposition of petroleum,
18	18	natural gas, or mineral interests;
19	19	(C) negotiates for the acquisition or
20	20	divestiture of petroleum, natural gas, or mineral rights, including
21	21	the acquisition or divestiture of land or petroleum, natural gas,
22	22	or mineral rights for a pipeline; or
23	23	(D) negotiates business agreements that provide
24	24	for the exploration for or development of petroleum, natural gas,
25	25	or minerals.
26	26	SECTION 2. Section 1101.005, Occupations Code, is amended
27	27	to read as follows:
28	28	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
29	29	does not apply to:
30	30	(1) an attorney licensed in any state;
31	31	(2) an attorney-in-fact authorized under a power of
32	32	attorney to conduct a real estate transaction;
33	33	(3) a public official while engaged in official
34	34	duties;
35	35	(4) an auctioneer licensed under Chapter 1802 while
36	36	conducting the sale of real estate by auction if the auctioneer does
37	37	not perform another act of a broker or salesperson;
38	38	(5) a person conducting a real estate transaction
39	39	under a court order or the authority of a will or written trust
40	40	instrument;
41	41	(6) a person employed by an owner in the sale of
42	42	structures and land on which structures are located if the
43	43	structures are erected by the owner in the course of the owner's
44	44	business;
45	45	(7) an on-site manager of an apartment complex;
46	46	(8) an owner or the owner's employee who leases the
47	47	owner's improved or unimproved real estate;
48	48	(9) a partnership or limited liability partnership
49	49	acting as a broker or salesperson through a partner who is a
50	50	licensed broker; or
51	51	(10) a transaction involving:
52	52	(A) the sale, lease, or transfer of a mineral or
53	53	mining interest in real property subject to Section 1101.3515;
54	54	(B) the sale, lease, or transfer of a cemetery
55	55	lot;
56	56	(C) the lease or management of a hotel or motel;
57	57	or
58	58	(D) the sale of real property under a power of
59	59	sale conferred by a deed of trust or other contract lien.
60	60	SECTION 3. Subchapter H, Chapter 1101, Occupations Code, is
61	61	amended by adding Section 1101.3515 to read as follows:
62	62	Sec. 1101.3515. LANDMAN LICENSE REQUIRED. (a) A person may
63	63	not act as or represent that the person is a landman in this state
64	64	unless the person holds a landman license under this chapter.
65	65	(b) An applicant for a landman license shall submit an
66	66	application to the commission on the form prescribed by the
67	67	commission, pay the fee established by commission rule, and comply
68	68	with any other requirements established by commission rule,
69	69	including eligibility and examination requirements. An applicant
70	70	for a landman license may not act as a landman until the person
71	71	receives a license issued by the commission.
72	72	(c) To protect the public, the commission by rule shall:
73	73	(1) establish the eligibility requirements for a
74	74	landman license holder, including education, experience, and
75	75	examination requirements as appropriate;
76	76	(2) establish the moral character requirements,
77	77	including honesty, trustworthiness, and integrity, an applicant or
78	78	license holder must satisfy to hold a landman license;
79	79	(3) establish the form and procedures for applying for
80	80	a landman license;
81	81	(4) set the application and license fees;
82	82	(5) establish the term of the license and renewal
83	83	procedures and fees;
84	84	(6) establish continuing education requirements;
85	85	(7) determine the scope of practice by a landman
86	86	license holder; and
87	87	(8) require a landman license holder to comply with
88	88	the standards of conduct and ethics established by the commission
89	89	for a person licensed under this chapter.
90	90	(d) A landman license is valid for the term established by
91	91	commission rule. A landman may renew a landman license by
92	92	submitting a renewal application to the commission on the form
93	93	prescribed by the commission, paying the required renewal fee, and
94	94	complying with any other requirements established by commission
95	95	rule, including continuing education requirements.
96	96	(e) A licensed landman or person required to be licensed as
97	97	a landman who violates this chapter or rules adopted under this
98	98	chapter is subject to disciplinary action under this chapter.
99	99	SECTION 4. (a) Not later than January 1, 2010, the Texas
100	100	Real Estate Commission shall adopt the rules necessary to implement
101	101	Section 1101.3515, Occupations Code, as added by this Act.
102	102	(b) Notwithstanding Section 1101.3515, Occupations Code, as
103	103	added by this Act, a person is not required to hold a landman
104	104	license to act as a landman in this state until March 1, 2010.
105	105	SECTION 5. This Act takes effect September 1, 2009.