Texas 2021 - 87th Regular

Texas House Bill HB2376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R16876 JES-D
2	2		By: Kuempel H.B. No. 2376
	3	+	Substitute the following for H.B. No. 2376:
	4	+	By: Geren C.S.H.B. No. 2376
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the repeal of the real estate inspection recovery fund.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 1101.603(c), Occupations Code, is
10	12		amended to read as follows:
11	13		(c) Notwithstanding any other law, the commission shall
12	14		deposit to the credit of the trust account [or the real estate
13	15		inspection recovery fund, as determined by the commission,] an
14	16		administrative penalty collected under Subchapter O [for a
15	17		violation by a person licensed under this chapter or Chapter 1102].
16	18		SECTION 2. Section 1102.114, Occupations Code, is amended
17	19		to read as follows:
18	20		Sec. 1102.114. ISSUANCE OF LICENSE. The commission shall
19	21		issue the appropriate license to an applicant who:
20	22		(1) meets the required qualifications; and
21	23		(2) [pays the fee required by Section 1102.352(a); and
22	24		[(3)] submits proof of financial responsibility as
23	25		required by Section 1102.1141.
24	26		SECTION 3. Section 1102.402, Occupations Code, is amended
25	27		to read as follows:
26	28		Sec. 1102.402. LICENSE INELIGIBILITY [REVOCATION] FOR
27	29		CLAIM ON FUND. [(a) The commission may revoke a license issued
28	30		under this chapter or a license, approval, or registration issued
29	31		under Chapter 1101 if the commission makes a payment from the real
30	32		estate inspection recovery fund to satisfy all or part of a judgment
31	33		against the person issued the license, approval, or registration.
32	34		[(b) The commission may probate an order revoking a license.
33	35		[(c)] A person is not eligible for a license under this
34	36		chapter until the person has reimbursed the commission in full for
35	37		any amount paid on the person's behalf from [the real estate
36	38		inspection recovery fund or] the real estate recovery trust account
37	39		under Subchapter M, Chapter 1101, plus interest at the legal rate.
38	40		SECTION 4. Section 1102.403(b), Occupations Code, is
39	41		amended to read as follows:
40	42		(b) An administrative penalty collected under this section
41	43		for a violation by an inspector shall be deposited to the credit of
42	44		the general revenue [real estate inspection recovery] fund and
43	45		shall offset any amount required to be remitted to the general
44	46		revenue fund by the commission. [A penalty collected under this
45	47		section for a violation by a person who is not licensed under this
46	48		chapter or Chapter 1101 shall be deposited to the credit of the real
47	49		estate recovery trust account or the real estate inspection
48	50		recovery fund, as determined by the commission.]
49	51		SECTION 5. The following provisions of the Occupations Code
50	52		are repealed:
51	53		(1) Section 1101.603(d); and
52	54		(2) Subchapter H, Chapter 1102.
53	55		SECTION 6. (a) In this section:
54	56		(1) "Commission" means the Texas Real Estate
55	57		Commission.
56	58		(2) "Eligible inspector" means a person who holds a
57	59		real estate inspector license or professional inspector license
58	60		under Chapter 1102, Occupations Code, as of September 1, 2021.
59	61		(b) Not later than December 31, 2021, the commission shall
60	62		transfer not less than $300,000 from the real estate inspection
61	63		recovery fund to the general revenue fund.
62	64		(c) Not later than August 31, 2024, the commission shall
63	65		determine the remaining liability of the real estate inspection
64	66		recovery fund based on any pending claims for payment under former
65	67		Subchapter H, Chapter 1102, Occupations Code.
66	68		(d) After determining the remaining liability under
67	69		Subsection (c) of this section, the commission shall refund to each
68	70		eligible inspector a portion of the amount in excess of the
69	71		remaining liability of the real estate inspection recovery fund, if
70	72		the eligible inspector holds a license issued under Chapter 1102,
71	73		Occupations Code, as of the date of the refund. A refund under this
72	74		subsection may not exceed $10 per person.
73	75		(e) The commission shall transfer any money remaining in the
74	76		real estate inspection recovery fund to the general revenue fund
75	77		after paying all claims for payment from the fund and issuing
76	78		refunds under Subsection (d) of this section.
77	79		(f) Any money transferred to the general revenue fund under
78	80		this section shall offset any amount required to be remitted to the
79	81		general revenue fund by the commission.
80	82		SECTION 7. (a) Section 1102.114, Occupations Code, as
81	83		amended by this Act, applies only to an application for an inspector
82	84		license submitted to the Texas Real Estate Commission on or after
83	85		the effective date of this Act. An application for a license
84	86		submitted before the effective date of this Act is governed by the
85	87		law in effect on the date the application was submitted, and the
86	88		former law is continued in effect for that purpose.
87	89		(b) Sections 1101.603 and 1102.403, Occupations Code, as
88	90		amended by this Act, apply only to an administrative penalty that is
89	91		collected on or after the effective date of this Act. An
90	92		administrative penalty that is collected before the effective date
91	93		of this Act is governed by the law in effect on the date the
92	94		administrative penalty was collected, and the former law is
93	95		continued in effect for that purpose.
94	96		(c) Subject to Subsection (d) of this section, the repeal by
95	97		this Act of Subchapter H, Chapter 1102, Occupations Code, does not
96	98		affect the validity of a claim for payment from the real estate
97	99		inspection recovery fund based on a cause of action that accrues
98	100		before the effective date of this Act. A claim for payment from the
99	101		fund based on a cause of action that accrues before the effective
100	102		date of this Act is governed by the law in effect on the date the
101	103		cause of action accrued, and the former law is continued in effect
102	104		for that purpose.
103	105		(d) A claim for payment from the real estate inspection
104	106		recovery fund under former Section 1102.355, Occupations Code, for
105	107		a cause of action that accrues before the effective date of this Act
106	108		must be filed before March 1, 2024.
107	109		SECTION 8. This Act takes effect September 1, 2021.