S.B. No. 1353
AN ACT
relating to certain claims against persons licensed as real estate
brokers and salespersons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.49, Business & Commerce Code, is
amended by adding Subsection (i) to read as follows:
(i) Nothing in this subchapter shall apply to a claim
against a person licensed as a broker or salesperson under Chapter
1101, Occupations Code, arising from an act or omission by the
person while acting as a broker or salesperson. This exemption does
not apply to:
(1) an express misrepresentation of a material fact
that cannot be characterized as advice, judgment, or opinion;
(2) a failure to disclose information in violation of
Section 17.46(b)(24); or
(3) an unconscionable action or course of action that
cannot be characterized as advice, judgment, or opinion.
SECTION 2. Subsection (i), Section 17.49, Business &
Commerce Code, as added by this Act, applies only to a claim arising
from an act or omission that occurs on or after the effective date
of this Act. A claim arising from an act or omission that occurred
before the effective date of this Act is governed by the law in
effect on the date the act or omission occurred, and the former law
is continued in effect for that purpose.
SECTION 3. 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1353 passed the Senate on
April 20, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 17, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1353 passed the House, with
amendment, on May 13, 2011, by the following vote: Yeas 138,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor