83R8851 MAW-D
By: Rodriguez of Travis H.B. No. 2526
A BILL TO BE ENTITLED
AN ACT
relating to the provision of construction documents to certain
purchasers of newly constructed homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct a real estate transaction;
(3) a public official while engaged in official
duties;
(4) an auctioneer licensed under Chapter 1802 while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker or salesperson;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) [a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
[(7)] an on-site manager of an apartment complex;
(7) [(8)] an owner or the owner's employee who leases
the owner's improved or unimproved real estate; or
(8) [(9)] a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 2. Section 1101.557(c), Occupations Code, is
amended to read as follows:
(c) For the purposes of this section:
(1) a license holder who has the authority to bind a
party to a lease or sale under a power of attorney or a property
management agreement is also a party to the lease or sale; and
(2) [an inquiry to a person described by Section
1101.005(6) about contract terms or forms required by the person's
employer does not violate Section 1101.652(b)(22) if the person
does not have the authority to bind the employer to the contract;
and
[(3)] the sole delivery of an offer to a party does not
violate Section 1101.652(b)(22) if:
(A) the party's broker consents to the delivery;
(B) a copy of the offer is sent to the party's
broker, unless a governmental agency using a sealed bid process
does not allow a copy to be sent; and
(C) the person delivering the offer does not
engage in another activity that directly or indirectly violates
Section 1101.652(b)(22).
SECTION 3. Chapter 1101, Occupations Code, is amended by
adding Subchapter N-1 to read as follows:
SUBCHAPTER N-1. BUILDING CONTRACTS AND TRANSFERS OF TITLE FROM
BUILDER
Sec. 1101.681. CONSTRUCTION DOCUMENTS. A builder who
constructs a new single-family home must provide a copy of any
documents used in the construction of the home, including written
specifications or blueprints:
(1) at the time the construction is completed, to the
person who contracted with the builder for the construction of the
home; or
(2) at the time title to the home is transferred by the
builder, to the person who purchases the home from the builder.
SECTION 4. The change in law made by this Act applies only
to a contract for construction entered into or a transfer of title
made on or after the effective date of this Act. A contract entered
into or a transfer of title made before the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2013.