81R16386 JAM-F
By: Geren, Kuempel, Thompson, Menendez, H.B. No. 1406
Hamilton
A BILL TO BE ENTITLED
AN ACT
relating to practices and professions regulated by the Texas Real
Estate Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.152(a), Occupations Code, as
amended by Chapters 297 (H.B. 1530) and 1411 (S.B. 914), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(a) The commission shall adopt rules to charge and collect
[reasonable] fees in amounts reasonable and necessary to cover the
costs of administering this chapter, including a fee for:
(1) filing an original application for a broker
license;
(2) annual renewal of a broker license;
(3) filing an original application for a salesperson
license;
(4) annual renewal of a salesperson license;
(5) annual registration;
(6) filing an application for a license examination;
(7) filing a request for a branch office license;
(8) filing a request for a change of place of business,
change of name, return to active status, or change of sponsoring
broker;
(9) filing a request to replace a lost or destroyed
license or certificate of registration;
(10) filing an application for approval of an
education program under Subchapter G;
(11) annual operation of an education program under
Subchapter G;
(12) filing an application for approval of an
instructor of core real estate courses;
(13) transcript evaluation;
(14) preparing a license or registration history;
(15) filing an application for a moral character
determination; and
(16) conducting a criminal history check for issuing
or renewing a license.
SECTION 2. Section 1101.152(b), Occupations Code, is
amended to read as follows:
(b) The commission shall adopt rules to set and collect
[reasonable] fees in amounts reasonable and necessary to cover the
costs of implementing [to implement] the continuing education
requirements for license holders, including a fee for:
(1) an application for approval of a continuing
education provider;
(2) an application for approval of a continuing
education course of study;
(3) an application for approval of an instructor of
continuing education courses; and
(4) attendance at a program to train instructors of a
continuing education course prescribed under Section 1101.455.
SECTION 3. Section 1101.153(b), Occupations Code, is
amended to read as follows:
(b) Of each fee increase collected under Subsection (a):
(1) $50 shall be transmitted to Texas A&M University
for deposit in a separate banking account that may be appropriated
only to support, maintain, and carry out the purposes, objectives,
and duties of Texas Real Estate Research Center;
(2) [,] $50 shall be deposited to the credit of the
foundation school fund; and
(3) $100 [$150] shall be deposited to the credit of the
general revenue fund.
SECTION 4. Section 1101.154(a), Occupations Code, is
amended to read as follows:
(a) The fee for the issuance or renewal of a:
(1) broker license is the amount of the fee set under
Sections 1101.152 and 1101.153 and an additional $20 fee;
(2) salesperson license is the amount of the fee set
under Section 1101.152 and an additional $20 [$17.50] fee; and
(3) certificate of registration is the amount of the
fee set under Section 1101.152 and an additional $20 fee.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2009.
(b) Section 1101.153(b), Occupations Code, as amended by
this Act, takes effect September 1, 2011.