Texas 2013 - 83rd Regular

Texas House Bill HB3647 Compare Versions

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1	1	83R11557 AJZ-D
2	2	By: Harper-Brown H.B. No. 3647
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to removing licensing and fee requirements for certain
8	8	salespersons who sell or lease-purchase or offer to sell or
9	9	lease-purchase manufactured housing to a consumer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1201.003(17), Occupations Code, is
12	12	amended to read as follows:
13	13	(17) "License holder" or "licensee" means a person who
14	14	holds a department-issued license as a manufacturer, retailer,
15	15	broker, rebuilder, [salesperson,] or installer.
16	16	SECTION 2. Section 1201.056, Occupations Code, is amended
17	17	to read as follows:
18	18	Sec. 1201.056. LICENSE FEES. The board shall establish
19	19	fees for the issuance and renewal of licenses for:
20	20	(1) manufacturers;
21	21	(2) retailers;
22	22	(3) brokers;
23	23	(4) [salespersons;
24	24	[(5)] rebuilders; and
25	25	(5) [(6)] installers.
26	26	SECTION 3. Section 1201.102(d), Occupations Code, is
27	27	amended to read as follows:
28	28	(d) A person who holds a real estate broker's [or
29	29	salesperson's] license under Chapter 1101 may act as a broker [or
30	30	salesperson] under this chapter without holding a license or filing
31	31	a bond or other security as required by this chapter if negotiations
32	32	for the sale, exchange, or lease-purchase of a manufactured home
33	33	are conducted for a consumer for whom the person is also acting as a
34	34	real estate broker [or salesperson] under Chapter 1101 consistent
35	35	with Section 1201.007.
36	36	SECTION 4. Section 1201.007, Occupations Code, is amended
37	37	to read as follows:
38	38	Sec. 1201.007. EXCEPTION FOR REAL ESTATE BROKERS [AND
39	39	SALESPERSONS]. This chapter does not:
40	40	(1) modify or amend Chapter 1101 or 1102; or
41	41	(2) apply to a person who is licensed as a real estate
42	42	broker [or salesperson] under Chapter 1101 and who, as agent of a
43	43	buyer or seller, negotiates the sale or lease of a manufactured home
44	44	and the real property to which the home is attached if:
45	45	(A) the same person is the record owner of both
46	46	the manufactured home and the real property; and
47	47	(B) the sale or lease occurs in a single real
48	48	estate transaction.
49	49	SECTION 5. Sections 1201.104(a) and (b), Occupations Code,
50	50	are amended to read as follows:
51	51	(a) Except as provided by Subsection (g), as a requirement
52	52	for a manufacturer's, retailer's, broker's, installer's, or salvage
53	53	rebuilder's[, or salesperson's] license, a person who was not
54	54	licensed or registered with the department or a predecessor agency
55	55	on September 1, 1987, must, not more than 12 months before applying
56	56	for the person's first license under this chapter, attend and
57	57	successfully complete eight hours of instruction in the law,
58	58	including instruction in consumer protection regulations.
59	59	(b) Successful [Except in the case of an applicant for a
60	60	salesperson's license, successful] completion of the course of
61	61	instruction is a prerequisite to obtaining the license.
62	62	SECTION 6. Section 1201.610(h), Occupations Code, is
63	63	amended to read as follows:
64	64	(h) An order revoking the license of a retailer, broker, or
65	65	installer[, or salesperson] may provide that the person is
66	66	prohibited, without obtaining prior written consent of the
67	67	director, from being a related person of a licensee.
68	68	SECTION 7. The following sections of the Occupations Code
69	69	are repealed:
70	70	(1) Section 1201.101(f);
71	71	(2) Section 1201.102(c);
72	72	(3) Section 1201.103(d);
73	73	(4) Section 1201.104(c); and
74	74	(5) Section 1201.158.
75	75	SECTION 8. This Act takes effect September 1, 2013.