| 1 | 1 | | 82R20345 KFF-F |
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| 2 | 2 | | By: Solomons, Phillips, Hartnett, Thompson, H.B. No. 2177 |
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| 3 | 3 | | Gonzales of Williamson |
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| 4 | 4 | | Substitute the following for H.B. No. 2177: |
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| 5 | 5 | | By: Harless C.S.H.B. No. 2177 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to certain claims against persons licensed as real estate |
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| 11 | 11 | | brokers and salespersons. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 17.49, Business & Commerce Code, is |
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| 14 | 14 | | amended by adding Subsection (i) to read as follows: |
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| 15 | 15 | | (i) Nothing in this subchapter shall apply to a claim |
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| 16 | 16 | | against a person licensed as a broker or salesperson under Chapter |
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| 17 | 17 | | 1101, Occupations Code, arising from an act or omission by the |
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| 18 | 18 | | person while acting as a broker or salesperson, except for a claim |
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| 19 | 19 | | arising from an unconscionable action or course of action that |
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| 20 | 20 | | cannot be characterized as advice, judgment, or opinion. |
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| 21 | 21 | | SECTION 2. Section 17.49(i), Business & Commerce Code, as |
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| 22 | 22 | | added by this Act, applies only to a claim arising from an act or |
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| 23 | 23 | | omission that occurs on or after the effective date of this Act. A |
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| 24 | 24 | | claim arising from an act or omission that occurred before the |
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| 25 | 25 | | effective date of this Act is governed by the law in effect on the |
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| 26 | 26 | | date the act or omission occurred, and the former law is continued |
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| 27 | 27 | | in effect for that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2011. |
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