By: Eltife, et al. S.B. No. 1353
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on Business and Commerce;
April 7, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; April 7, 2011, sent to printer.)
A BILL TO BE ENTITLED
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.
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.
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