| 1 | 1 | | 86R14119 TSR-D |
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| 2 | 2 | | By: Sanford H.B. No. 3451 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the grounds for disciplinary action against the holder |
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| 8 | 8 | | of a license issued by the Texas Real Estate Commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1101.652(a), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The commission may suspend or revoke a license issued |
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| 13 | 13 | | under this chapter or Chapter 1102 or take other disciplinary |
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| 14 | 14 | | action authorized by this chapter or Chapter 1102 if the license |
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| 15 | 15 | | holder: |
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| 16 | 16 | | (1) enters a plea of guilty or nolo contendere to or is |
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| 17 | 17 | | convicted of an offense under Title 5 or 7, Penal Code, a felony |
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| 18 | 18 | | under any other law, or an [or a criminal] offense involving fraud, |
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| 19 | 19 | | and the time for appeal has elapsed or the judgment or conviction |
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| 20 | 20 | | has been affirmed on appeal, without regard to an order granting |
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| 21 | 21 | | community supervision that suspends the imposition of the sentence; |
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| 22 | 22 | | (2) procures or attempts to procure a license under |
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| 23 | 23 | | this chapter or Chapter 1102 for the license holder by fraud, |
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| 24 | 24 | | misrepresentation, or deceit or by making a material misstatement |
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| 25 | 25 | | of fact in an application for a license; |
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| 26 | 26 | | (3) fails to honor, within a reasonable time, a check |
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| 27 | 27 | | issued to the commission after the commission has sent by certified |
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| 28 | 28 | | mail a request for payment to the license holder's last known |
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| 29 | 29 | | business address according to commission records; |
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| 30 | 30 | | (4) fails to provide, within a reasonable time, |
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| 31 | 31 | | information requested by the commission that relates to a formal or |
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| 32 | 32 | | informal complaint to the commission that would indicate a |
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| 33 | 33 | | violation of this chapter or Chapter 1102; |
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| 34 | 34 | | (5) fails to surrender to the owner, without just |
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| 35 | 35 | | cause, a document or instrument that is requested by the owner and |
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| 36 | 36 | | that is in the license holder's possession; |
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| 37 | 37 | | (6) fails to notify the commission, not later than the |
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| 38 | 38 | | 30th day after the date of a final conviction or the entry of a plea |
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| 39 | 39 | | of guilty or nolo contendere, that the person has been convicted of |
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| 40 | 40 | | or entered a plea of guilty or nolo contendere to a felony or a |
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| 41 | 41 | | criminal offense involving fraud; or |
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| 42 | 42 | | (7) disregards or violates this chapter or Chapter |
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| 43 | 43 | | 1102. |
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| 44 | 44 | | SECTION 2. Section 1101.652(a), Occupations Code, as |
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| 45 | 45 | | amended by this Act, applies only to disciplinary action regarding |
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| 46 | 46 | | conduct that occurs on or after the effective date of this Act. |
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| 47 | 47 | | Conduct that occurs before that date is governed by the law in |
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| 48 | 48 | | effect on the date the conduct occurred, and the former law is |
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| 49 | 49 | | continued in effect for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2019. |
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