Texas 2019 - 86th Regular

Texas House Bill HB4618 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6163 BEE-D
2	2	By: Bell of Montgomery H.B. No. 4618
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement that a right-of-way agent obtain a
8	8	license from the Texas Real Estate Commission; expanding an
9	9	occupational regulation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1101.002, Occupations Code, is amended
12	12	by amending Subdivision (4) and adding Subdivisions (4-a), (6-a),
13	13	and (6-b) to read as follows:
14	14	(4) "License" means a broker license or sales agent
15	15	license issued under this chapter. The term does not include a
16	16	right-of-way agent license.
17	17	(4-a) "License holder" means a broker or sales agent
18	18	licensed under this chapter. The term does not include a holder of
19	19	a right-of-way agent license.
20	20	(6-a) "Right-of-way agent license" means a license
21	21	issued under Subchapter K.
22	22	(6-b) "Right-of-way agent license holder" means a
23	23	person licensed under Subchapter K.
24	24	SECTION 2. Section 1101.151(a), Occupations Code, is
25	25	amended to read as follows:
26	26	(a) The commission shall:
27	27	(1) administer this chapter and Chapter 1102;
28	28	(2) adopt rules and establish standards relating to
29	29	permissible forms of advertising by a license holder acting as a
30	30	residential rental locator;
31	31	(3) maintain a list of right-of-way agent license
32	32	[registry of certificate] holders; and
33	33	(4) design and adopt a seal.
34	34	SECTION 3. Section 1101.152(a), Occupations Code, is
35	35	amended to read as follows:
36	36	(a) The commission shall adopt rules to charge and collect
37	37	fees in amounts reasonable and necessary to cover the costs of
38	38	administering this chapter, including a fee for:
39	39	(1) filing an original application for a broker
40	40	license;
41	41	(2) renewal of a broker license;
42	42	(3) filing an original application for a sales agent
43	43	license;
44	44	(4) renewal of a sales agent license;
45	45	(5) filing an original application for a [registration
46	46	as an easement or] right-of-way agent license;
47	47	(6) renewal of a right-of-way agent license;
48	48	(7) filing an application for a license examination;
49	49	(8) [(7)] filing a request for a branch office
50	50	license;
51	51	(9) [(8)] filing a request for a change of place of
52	52	business, change of name, return to active status, or change of
53	53	sponsoring broker;
54	54	(10) [(9)] filing a request to replace a lost or
55	55	destroyed license or right-of-way agent license [or certificate of
56	56	registration];
57	57	(11) [(10)] filing an application for approval of an
58	58	education program under Subchapter G;
59	59	(12) [(11)] annual operation of an education program
60	60	under Subchapter G;
61	61	(13) [(12)] filing an application for approval of an
62	62	instructor of qualifying real estate courses;
63	63	(14) [(13)] transcript evaluation;
64	64	(15) [(14)] preparing a license or right-of-way agent
65	65	license [registration] history;
66	66	(16) [(15)] filing a request for a moral character
67	67	determination; and
68	68	(17) [(16)] conducting a criminal history check for
69	69	issuing or renewing a license.
70	70	SECTION 4. Section 1101.154(a), Occupations Code, is
71	71	amended to read as follows:
72	72	(a) The fee for the issuance or renewal of a:
73	73	(1) broker license is the amount of the fee set under
74	74	Section 1101.152 and an additional $70 fee;
75	75	(2) sales agent license is the amount of the fee set
76	76	under Section 1101.152 and an additional $20 fee; and
77	77	(3) right-of-way agent license [certificate of
78	78	registration] is the amount of the fee set under Section 1101.152
79	79	and an additional $20 fee.
80	80	SECTION 5. Section 1101.205, Occupations Code, is amended
81	81	to read as follows:
82	82	Sec. 1101.205. COMPLAINT INVESTIGATION OF RIGHT-OF-WAY
83	83	AGENT LICENSE [CERTIFICATE] HOLDER. The commission shall
84	84	investigate a signed complaint received by the commission that
85	85	relates to an act of a right-of-way agent license [certificate]
86	86	holder or a person required to hold a right-of-way agent license
87	87	[certificate] under Subchapter K. Section 1101.204 applies to an
88	88	investigation under this section.
89	89	SECTION 6. Subchapter K, Chapter 1101, Occupations Code, is
90	90	amended to read as follows:
91	91	SUBCHAPTER K. RIGHT-OF-WAY AGENT LICENSE [CERTIFICATE]
92	92	REQUIREMENTS
93	93	Sec. 1101.501. RIGHT-OF-WAY AGENT LICENSE [CERTIFICATE]
94	94	REQUIRED. (a) A person may not sell, buy, lease, or transfer an
95	95	easement or right-of-way [for another,] for compensation or with
96	96	the expectation of receiving compensation[,] for an entity with
97	97	eminent domain authority or for use in connection with
98	98	telecommunication, utility, railroad, or pipeline service unless
99	99	the person:
100	100	(1) holds a broker license or sales agent license
101	101	issued under this chapter; or
102	102	(2) holds a right-of-way agent license [certificate of
103	103	registration] issued under this subchapter.
104	104	(b) Subsection (a) does not apply to:
105	105	(1) an entity with eminent domain authority or the
106	106	entity's employee; or
107	107	(2) an attorney licensed in this state.
108	108	Sec. 1101.502. ELIGIBILITY REQUIREMENTS FOR RIGHT-OF-WAY
109	109	AGENT LICENSE [CERTIFICATE]. (a) To be eligible to receive or
110	110	renew a right-of-way agent license [a certificate of registration
111	111	or a renewal certificate under this subchapter], a person must
112	112	[be]:
113	113	(1) be, at the time of application:
114	114	(A) at least 18 years of age; and
115	115	(B) [(2)] a citizen of the United States or a
116	116	lawfully admitted alien;
117	117	(2) satisfy the commission as to the applicant's
118	118	honesty, trustworthiness, and integrity; and
119	119	(3) complete the required courses of study, including
120	120	qualifying education requirements, prescribed by the commission
121	121	under this subchapter.
122	122	(b) To be eligible to receive or renew a right-of-way agent
123	123	license [a certificate of registration or a renewal certificate
124	124	under this subchapter], a business entity must designate as its
125	125	agent one of its managing officers who holds a right-of-way agent
126	126	license issued [is registered] under this subchapter.
127	127	Sec. 1101.503. ISSUANCE OF RIGHT-OF-WAY AGENT LICENSE
128	128	[CERTIFICATE]. (a) The commission shall issue a right-of-way
129	129	agent license [certificate of registration] to an applicant who
130	130	meets the requirements for a right-of-way agent license under this
131	131	subchapter [certificate of registration].
132	132	(b) The right-of-way agent license [certificate] remains in
133	133	effect for the period prescribed by the commission if the
134	134	right-of-way agent license [certificate] holder complies with this
135	135	chapter, including the requirements of this subchapter, and pays
136	136	the appropriate renewal fees.
137	137	Sec. 1101.504. RIGHT-OF-WAY AGENT LICENSE DURATION,
138	138	[CERTIFICATE] EXPIRATION, AND RENEWAL. The provisions of Section
139	139	1101.451 governing the duration, expiration, and renewal of a
140	140	broker or sales agent license apply [certificate of registration
141	141	are subject to the same provisions as are applicable under Section
142	142	1101.451] to the duration, expiration, and renewal of a
143	143	right-of-way agent license issued under this subchapter.
144	144	Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION
145	145	REQUIREMENT FOR RIGHT-OF-WAY AGENT LICENSE [CERTIFICATE]. An
146	146	applicant for an original [certificate of registration] or renewal
147	147	right-of-way agent license [of a certificate of registration] must
148	148	comply with the criminal history record check requirements of
149	149	Section 1101.3521.
150	150	Sec. 1101.505. DENIAL OF RIGHT-OF-WAY AGENT LICENSE
151	151	[CERTIFICATE]. The denial of a right-of-way agent license
152	152	[certificate of registration] is subject to the same provisions as
153	153	are applicable under Section 1101.364 to the denial of a broker or
154	154	sales agent license.
155	155	Sec. 1101.506. CHANGE OF ADDRESS. Not later than the 10th
156	156	day after the date a right-of-way agent license [certificate]
157	157	holder moves its place of business from a previously designated
158	158	address, the right-of-way agent license holder shall:
159	159	(1) notify the commission of the move; and
160	160	(2) obtain a new right-of-way agent license
161	161	[certificate of registration] that reflects the address of the new
162	162	place of business.
163	163	Sec. 1101.507. DISPLAY OF RIGHT-OF-WAY AGENT LICENSE
164	164	[CERTIFICATE]. A right-of-way agent license [certificate] holder
165	165	shall prominently display at all times the holder's right-of-way
166	166	agent license [certificate of registration] in the right-of-way
167	167	agent license holder's place of business.
168	168	Sec. 1101.508. NOTICE TO CONSUMERS. The commission by rule
169	169	may:
170	170	(1) prescribe the text of consumer notices regarding a
171	171	right-of-way agent license holder; and
172	172	(2) establish the methods by which a right-of-way
173	173	agent license holder provides a consumer notice or the statement
174	174	prepared and provided under Section 402.031, Government Code.
175	175	Sec 1101.509. QUALIFYING EDUCATION REQUIREMENTS. (a) The
176	176	commission by rule shall approve coursework that an applicant must
177	177	successfully complete to be eligible for a right-of-way agent
178	178	license under this subchapter.
179	179	(b) An applicant for a right-of-way agent license shall
180	180	submit evidence satisfactory to the commission that the applicant
181	181	has completed at least 15 classroom hours of right-of-way agent
182	182	coursework approved by the commission in:
183	183	(1) the law of eminent domain, including the rights of
184	184	property owners;
185	185	(2) appropriate standards of professionalism in
186	186	contacting and conducting negotiations with property owners; and
187	187	(3) ethical considerations in the performance of
188	188	right-of-way acquisition services.
189	189	Sec. 1101.510. CONTINUING EDUCATION. (a) To be eligible
190	190	to renew a right-of-way agent license, the right-of-way agent
191	191	license holder must submit evidence satisfactory to the commission
192	192	that the right-of-way agent license holder successfully completed
193	193	at least six classroom hours of continuing education approved by
194	194	the commission.
195	195	(b) The commission by rule shall prescribe the title,
196	196	content, administration, and duration of continuing education
197	197	courses that a right-of-way agent license holder must successfully
198	198	complete to renew a right-of-way agent license under this
199	199	subchapter.
200	200	SECTION 7. Sections 1101.601 and 1101.602, Occupations
201	201	Code, are amended to read as follows:
202	202	Sec. 1101.601. REAL ESTATE RECOVERY TRUST ACCOUNT.
203	203	(a) The commission shall maintain a real estate recovery trust
204	204	account to reimburse aggrieved persons who suffer actual damages
205	205	caused by an act described by Section 1101.602 committed by:
206	206	(1) a license holder;
207	207	(2) a right-of-way agent license [certificate]
208	208	holder; or
209	209	(3) a person who does not hold a license or
210	210	right-of-way agent license [certificate] and who is an employee or
211	211	agent of a license holder or right-of-way agent license
212	212	[certificate] holder.
213	213	(b) The license holder or right-of-way agent license
214	214	[certificate] holder must have held the license or right-of-way
215	215	agent license [certificate] at the time the act was committed.
216	216	Sec. 1101.602. ENTITLEMENT TO REIMBURSEMENT. An aggrieved
217	217	person is entitled to reimbursement from the trust account if a
218	218	person described by Section 1101.601 engages in conduct that
219	219	requires a license or right-of-way agent license [certificate of
220	220	registration] under this chapter and is described by Section
221	221	1101.652(a-1)(1) or (b), if the person is a license holder, or
222	222	Section 1101.653(1), (2), (3), or (4), if the person is a
223	223	right-of-way agent license [certificate] holder.
224	224	SECTION 8. Sections 1101.603(a) and (e), Occupations Code,
225	225	are amended to read as follows:
226	226	(a) In addition to other fees required by this chapter, the
227	227	commission shall collect a fee of $10 to deposit to the credit of
228	228	the trust account from an applicant for an original license or
229	229	right-of-way agent license [certificate of registration].
230	230	(e) On a determination by the commission at any time that
231	231	the balance in the trust account is less than $1 million, each
232	232	license holder or right-of-way agent license [certificate] holder
233	233	at the next renewal must pay, in addition to the renewal fee, an
234	234	additional fee of $10. The commission shall deposit the additional
235	235	fee to the credit of the trust account.
236	236	SECTION 9. Section 1101.605(b), Occupations Code, is
237	237	amended to read as follows:
238	238	(b) When an aggrieved person brings an action for a judgment
239	239	that may result in an agreed judgment and order for payment from the
240	240	trust account, the aggrieved person and the license holder or
241	241	right-of-way agent license [certificate] holder against whom the
242	242	action is brought shall notify the commission in writing before
243	243	entry of the agreed judgment and deliver a copy of all petitions and
244	244	pleadings and the proposed agreed judgment to the commission. The
245	245	commission will notify the parties not later than the 30th day after
246	246	the date of receiving the documents if the commission intends to
247	247	relitigate material and relevant issues as to the applicability of
248	248	the trust account to the agreed judgment as provided by Section
249	249	1101.608.
250	250	SECTION 10. Section 1101.606(a), Occupations Code, is
251	251	amended to read as follows:
252	252	(a) Except as provided by Subsections (c) and (c-1), an
253	253	aggrieved person who obtains a court judgment against a license
254	254	holder or right-of-way agent license [certificate] holder for an
255	255	act described by Section 1101.602 may, after final judgment is
256	256	entered, execution returned nulla bona, and a judgment lien
257	257	perfected, file a verified claim in the court that entered the
258	258	judgment.
259	259	SECTION 11. Section 1101.607, Occupations Code, is amended
260	260	to read as follows:
261	261	Sec. 1101.607. ISSUES AT HEARING. At the hearing on the
262	262	application for payment from the trust account, the aggrieved
263	263	person must show:
264	264	(1) that the judgment is based on facts allowing
265	265	recovery under this subchapter;
266	266	(2) that the person is not:
267	267	(A) the spouse of the judgment debtor or the
268	268	personal representative of the spouse;
269	269	(B) a license holder or right-of-way agent
270	270	license [certificate] holder who is seeking to recover
271	271	compensation, including a commission, in the real estate
272	272	transaction that is the subject of the application for payment; or
273	273	(C) related to the judgment debtor within the
274	274	first degree by consanguinity;
275	275	(3) that, according to the best information available,
276	276	the judgment debtor does not have sufficient attachable assets in
277	277	this or another state to satisfy the judgment;
278	278	(4) the amount that may be realized from the sale of
279	279	assets liable to be sold or applied to satisfy the judgment; and
280	280	(5) the balance remaining due on the judgment after
281	281	application of the amount under Subdivision (4).
282	282	SECTION 12. Sections 1101.610(b) and (c), Occupations Code,
283	283	are amended to read as follows:
284	284	(b) Payments from the trust account for claims based on
285	285	judgments against a single license holder or right-of-way agent
286	286	license [certificate] holder may not exceed a total of $100,000
287	287	until the license holder or right-of-way agent license
288	288	[certificate] holder has reimbursed the trust account for all
289	289	amounts paid.
290	290	(c) If the court finds that the total amount of claims
291	291	against a license holder or right-of-way agent license
292	292	[certificate] holder exceeds the limitations in this section, the
293	293	court shall proportionately reduce the amount payable on each
294	294	claim.
295	295	SECTION 13. Section 1101.613, Occupations Code, is amended
296	296	to read as follows:
297	297	Sec. 1101.613. EFFECT ON DISCIPLINARY PROCEEDINGS.
298	298	(a) This subchapter does not limit the commission's authority to
299	299	take disciplinary action against a license holder or right-of-way
300	300	agent license [certificate] holder for a violation of this chapter
301	301	or a commission rule.
302	302	(b) A license holder's or right-of-way agent license
303	303	holder's [certificate holder's] repayment of all amounts owed to
304	304	the trust account does not affect another disciplinary proceeding
305	305	brought under this chapter.
306	306	SECTION 14. Section 1101.615, Occupations Code, is amended
307	307	to read as follows:
308	308	Sec. 1101.615. NOTICE TO CONSUMERS AND SERVICE RECIPIENTS.
309	309	[(a)] The commission by rule shall prescribe a notice regarding
310	310	the availability of payment from the trust account for aggrieved
311	311	persons and establish methods by which each license holder and
312	312	right-of-way agent license [certificate] holder shall provide the
313	313	notice to consumers and service recipients.
314	314	SECTION 15. Section 1101.653, Occupations Code, is amended
315	315	to read as follows:
316	316	Sec. 1101.653. GROUNDS FOR SUSPENSION OR REVOCATION OF
317	317	RIGHT-OF-WAY AGENT LICENSE [CERTIFICATE]. The commission may
318	318	suspend or revoke a right-of-way agent license [certificate of
319	319	registration] issued under this chapter if the right-of-way agent
320	320	license [certificate] holder:
321	321	(1) engages in dishonest dealing, fraud, unlawful
322	322	discrimination, or a deceptive act;
323	323	(2) makes a misrepresentation;
324	324	(3) acts in bad faith;
325	325	(4) demonstrates untrustworthiness;
326	326	(5) fails to honor, within a reasonable time, a check
327	327	issued to the commission after the commission has mailed a request
328	328	for payment to the right-of-way agent license [certificate]
329	329	holder's last known address according to the commission's records;
330	330	(6) fails to provide to a party to a transaction a
331	331	written notice prescribed by the commission that:
332	332	(A) must be given before the party is obligated
333	333	to sell, buy, lease, or transfer a right-of-way or easement; and
334	334	(B) contains:
335	335	(i) the name of the right-of-way agent
336	336	license [certificate] holder;
337	337	(ii) the right-of-way agent license
338	338	[certificate] number;
339	339	(iii) the name of the person the
340	340	right-of-way agent license [certificate] holder represents;
341	341	(iv) a statement advising the party that
342	342	the party may seek representation from a lawyer or broker in the
343	343	transaction; and
344	344	(v) a statement generally advising the
345	345	party that the right-of-way or easement may affect the value of the
346	346	property; or
347	347	(7) disregards or violates this chapter or a
348	348	commission rule relating to right-of-way agent license
349	349	[certificate] holders.
350	350	SECTION 16. Section 1101.654, Occupations Code, is amended
351	351	to read as follows:
352	352	Sec. 1101.654. SUSPENSION OR REVOCATION OF LICENSE OR
353	353	RIGHT-OF-WAY AGENT LICENSE [CERTIFICATE] FOR UNAUTHORIZED PRACTICE
354	354	OF LAW. (a) The commission shall suspend or revoke the license or
355	355	right-of-way agent license [certificate of registration] of a
356	356	license holder or right-of-way agent license [certificate] holder
357	357	who is not a licensed attorney in this state and who, for
358	358	consideration, a reward, or a pecuniary benefit, present or
359	359	anticipated, direct or indirect, or in connection with the person's
360	360	employment, agency, or fiduciary relationship as a license holder
361	361	or right-of-way agent license [certificate] holder:
362	362	(1) drafts an instrument, other than a form described
363	363	by Section 1101.155, that transfers or otherwise affects an
364	364	interest in real property; or
365	365	(2) advises a person regarding the validity or legal
366	366	sufficiency of an instrument or the validity of title to real
367	367	property.
368	368	(b) Notwithstanding any other law, a license holder or
369	369	right-of-way agent license [certificate] holder who completes a
370	370	contract form for the sale, exchange, option, or lease of an
371	371	interest in real property incidental to acting as a broker is not
372	372	engaged in the unauthorized or illegal practice of law in this state
373	373	if the form was:
374	374	(1) adopted by the commission for the type of
375	375	transaction for which the form is used;
376	376	(2) prepared by an attorney licensed in this state and
377	377	approved by the attorney for the type of transaction for which the
378	378	form is used; or
379	379	(3) prepared by the property owner or by an attorney
380	380	and required by the property owner.
381	381	SECTION 17. The heading to Section 1101.655, Occupations
382	382	Code, is amended to read as follows:
383	383	Sec. 1101.655. REVOCATION OF LICENSE [OR CERTIFICATE] FOR
384	384	CLAIM ON ACCOUNT.
385	385	SECTION 18. Sections 1101.655(a), (b), and (c), Occupations
386	386	Code, are amended to read as follows:
387	387	(a) The commission shall revoke a license, approval, or
388	388	right-of-way agent license [registration] issued under this
389	389	chapter or Chapter 1102 if:
390	390	(1) the commission makes a payment from the real
391	391	estate recovery trust account under Subchapter M on behalf of a
392	392	license holder or right-of-way agent license [registration]
393	393	holder; and
394	394	(2) the license holder or right-of-way agent license
395	395	[registration] holder does not repay the real estate recovery trust
396	396	account the full amount of a payment made on the license holder's or
397	397	right-of-way agent license [registration] holder's behalf before
398	398	the 31st day after the date the commission provides notice to the
399	399	license holder or right-of-way agent license [registration]
400	400	holder.
401	401	(b) The commission may probate an order revoking a license,
402	402	approval, or right-of-way agent license [registration] under this
403	403	section.
404	404	(c) A person is not eligible for a license or right-of-way
405	405	agent license [certificate] until the person has repaid in full the
406	406	amount paid from the account for the person, plus interest at the
407	407	legal rate.
408	408	SECTION 19. Section 1101.657(a), Occupations Code, is
409	409	amended to read as follows:
410	410	(a) If the commission proposes to deny, suspend, or revoke a
411	411	person's license or right-of-way agent license [certificate of
412	412	registration], the person is entitled to a hearing conducted by the
413	413	State Office of Administrative Hearings.
414	414	SECTION 20. Section 1101.660(b), Occupations Code, is
415	415	amended to read as follows:
416	416	(b) Rules adopted under this section must:
417	417	(1) provide the complainant and the license holder,
418	418	right-of-way agent license [certificate] holder, or regulated
419	419	entity an opportunity to be heard; and
420	420	(2) require the presence of:
421	421	(A) a public member of the commission for a case
422	422	involving a consumer complaint; and
423	423	(B) at least two staff members of the commission
424	424	with experience in the regulatory area that is the subject of the
425	425	proceeding.
426	426	SECTION 21. Section 1101.663, Occupations Code, is amended
427	427	to read as follows:
428	428	Sec. 1101.663. REAPPLYING AFTER REVOCATION, SURRENDER, OR
429	429	DENIAL. A person whose license or right-of-way agent license
430	430	[registration] has been revoked, a person who has surrendered a
431	431	license or right-of-way agent license [registration] issued by the
432	432	commission, or a person whose application for a license or
433	433	right-of-way agent license [registration] has been denied after a
434	434	hearing under Section 1101.657 may not apply to the commission for a
435	435	license or right-of-way agent license [registration] before the
436	436	second anniversary of the date of the revocation, surrender, or
437	437	denial.
438	438	SECTION 22. The heading to Section 1101.753, Occupations
439	439	Code, is amended to read as follows:
440	440	Sec. 1101.753. CIVIL PENALTY FOR CERTAIN VIOLATIONS BY
441	441	BROKER, SALES AGENT, OR RIGHT-OF-WAY AGENT [CERTIFICATE HOLDER].
442	442	SECTION 23. Section 1101.753(a), Occupations Code, is
443	443	amended to read as follows:
444	444	(a) In addition to injunctive relief under Sections
445	445	1101.751 and 1101.752, a person who receives a commission or other
446	446	consideration as a result of acting as a broker or sales agent
447	447	without holding a license or right-of-way agent license
448	448	[certificate of registration] under this chapter is liable to the
449	449	state for a civil penalty of not less than the amount of money
450	450	received or more than three times the amount of money received.
451	451	SECTION 24. The heading to Section 1101.754, Occupations
452	452	Code, is amended to read as follows:
453	453	Sec. 1101.754. PRIVATE CAUSE OF ACTION FOR CERTAIN
454	454	VIOLATIONS BY BROKER, SALES AGENT, OR RIGHT-OF-WAY AGENT
455	455	[CERTIFICATE HOLDER].
456	456	SECTION 25. Section 1101.754(a), Occupations Code, is
457	457	amended to read as follows:
458	458	(a) A person who receives a commission or other
459	459	consideration as a result of acting as a broker or sales agent
460	460	without holding a license or right-of-way agent license
461	461	[certificate of registration] under this chapter is liable to an
462	462	aggrieved person for a penalty of not less than the amount of money
463	463	received or more than three times the amount of money received.
464	464	SECTION 26. The heading to Section 1101.758, Occupations
465	465	Code, is amended to read as follows:
466	466	Sec. 1101.758. CRIMINAL PENALTY FOR CERTAIN VIOLATIONS BY
467	467	BROKER, SALES AGENT, OR RIGHT-OF-WAY AGENT [CERTIFICATE HOLDER].
468	468	SECTION 27. Section 1101.758(a), Occupations Code, is
469	469	amended to read as follows:
470	470	(a) A person commits an offense if the person:
471	471	(1) acts as a broker or sales agent without holding a
472	472	broker license or sales agent license under this chapter, as
473	473	applicable; or
474	474	(2) engages in an activity for which a right-of-way
475	475	agent license [certificate of registration] is required under this
476	476	chapter without holding a right-of-way agent license
477	477	[certificate].
478	478	SECTION 28. Section 1101.002(2), Occupations Code, is
479	479	repealed.
480	480	SECTION 29. Not later than January 1, 2020, the Texas Real
481	481	Estate Commission shall adopt rules to implement Subchapter K,
482	482	Chapter 1101, Occupations Code, as amended by this Act.
483	483	SECTION 30. Chapter 1101, Occupations Code, as amended by
484	484	this Act, applies only to an application for an original or renewal
485	485	right-of-way agent license filed on or after March 1, 2020. An
486	486	application for an original or renewal certificate of registration
487	487	as an easement or right-of-way agent filed before March 1, 2020, is
488	488	governed by the law in effect on the date the application was filed,
489	489	and the former law is continued in effect for that purpose.
490	490	SECTION 31. (a) Except as provided by Subsection (b) of
491	491	this section, this Act takes effect March 1, 2020.
492	492	(b) Section 29 of this Act takes effect September 1, 2019.