83R11557 AJZ-D
By: Harper-Brown H.B. No. 3647
A BILL TO BE ENTITLED
AN ACT
relating to removing licensing and fee requirements for certain
salespersons who sell or lease-purchase or offer to sell or
lease-purchase manufactured housing to a consumer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1201.003(17), Occupations Code, is
amended to read as follows:
(17) "License holder" or "licensee" means a person who
holds a department-issued license as a manufacturer, retailer,
broker, rebuilder, [salesperson,] or installer.
SECTION 2. Section 1201.056, Occupations Code, is amended
to read as follows:
Sec. 1201.056. LICENSE FEES. The board shall establish
fees for the issuance and renewal of licenses for:
(1) manufacturers;
(2) retailers;
(3) brokers;
(4) [salespersons;
[(5)] rebuilders; and
(5) [(6)] installers.
SECTION 3. Section 1201.102(d), Occupations Code, is
amended to read as follows:
(d) A person who holds a real estate broker's [or
salesperson's] license under Chapter 1101 may act as a broker [or
salesperson] under this chapter without holding a license or filing
a bond or other security as required by this chapter if negotiations
for the sale, exchange, or lease-purchase of a manufactured home
are conducted for a consumer for whom the person is also acting as a
real estate broker [or salesperson] under Chapter 1101 consistent
with Section 1201.007.
SECTION 4. Section 1201.007, Occupations Code, is amended
to read as follows:
Sec. 1201.007. EXCEPTION FOR REAL ESTATE BROKERS [AND
SALESPERSONS]. This chapter does not:
(1) modify or amend Chapter 1101 or 1102; or
(2) apply to a person who is licensed as a real estate
broker [or salesperson] under Chapter 1101 and who, as agent of a
buyer or seller, negotiates the sale or lease of a manufactured home
and the real property to which the home is attached if:
(A) the same person is the record owner of both
the manufactured home and the real property; and
(B) the sale or lease occurs in a single real
estate transaction.
SECTION 5. Sections 1201.104(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (g), as a requirement
for a manufacturer's, retailer's, broker's, installer's, or salvage
rebuilder's[, or salesperson's] license, a person who was not
licensed or registered with the department or a predecessor agency
on September 1, 1987, must, not more than 12 months before applying
for the person's first license under this chapter, attend and
successfully complete eight hours of instruction in the law,
including instruction in consumer protection regulations.
(b) Successful [Except in the case of an applicant for a
salesperson's license, successful] completion of the course of
instruction is a prerequisite to obtaining the license.
SECTION 6. Section 1201.610(h), Occupations Code, is
amended to read as follows:
(h) An order revoking the license of a retailer, broker, or
installer[, or salesperson] may provide that the person is
prohibited, without obtaining prior written consent of the
director, from being a related person of a licensee.
SECTION 7. The following sections of the Occupations Code
are repealed:
(1) Section 1201.101(f);
(2) Section 1201.102(c);
(3) Section 1201.103(d);
(4) Section 1201.104(c); and
(5) Section 1201.158.
SECTION 8. This Act takes effect September 1, 2013.