Texas 2019 - 86th Regular

Texas House Bill HB3451 Latest Draft

Bill / Introduced Version Filed 03/06/2019

                            86R14119 TSR-D
 By: Sanford H.B. No. 3451


 A BILL TO BE ENTITLED
 AN ACT
 relating to the grounds for disciplinary action against the holder
 of a license issued by the Texas Real Estate Commission.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1101.652(a), Occupations Code, is
 amended to read as follows:
 (a)  The commission may suspend or revoke a license issued
 under this chapter or Chapter 1102 or take other disciplinary
 action authorized by this chapter or Chapter 1102 if the license
 holder:
 (1)  enters a plea of guilty or nolo contendere to or is
 convicted of an offense under Title 5 or 7, Penal Code, a felony
 under any other law, or an [or a criminal] offense involving fraud,
 and the time for appeal has elapsed or the judgment or conviction
 has been affirmed on appeal, without regard to an order granting
 community supervision that suspends the imposition of the sentence;
 (2)  procures or attempts to procure a license under
 this chapter or Chapter 1102 for the license holder by fraud,
 misrepresentation, or deceit or by making a material misstatement
 of fact in an application for a license;
 (3)  fails to honor, within a reasonable time, a check
 issued to the commission after the commission has sent by certified
 mail a request for payment to the license holder's last known
 business address according to commission records;
 (4)  fails to provide, within a reasonable time,
 information requested by the commission that relates to a formal or
 informal complaint to the commission that would indicate a
 violation of this chapter or Chapter 1102;
 (5)  fails to surrender to the owner, without just
 cause, a document or instrument that is requested by the owner and
 that is in the license holder's possession;
 (6)  fails to notify the commission, not later than the
 30th day after the date of a final conviction or the entry of a plea
 of guilty or nolo contendere, that the person has been convicted of
 or entered a plea of guilty or nolo contendere to a felony or a
 criminal offense involving fraud; or
 (7)  disregards or violates this chapter or Chapter
 1102.
 SECTION 2.  Section 1101.652(a), Occupations Code, as
 amended by this Act, applies only to disciplinary action regarding
 conduct that occurs on or after the effective date of this Act.
 Conduct that occurs before that date is governed by the law in
 effect on the date the conduct occurred, and the former law is
 continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2019.