Texas 2023 - 88th Regular

Texas House Bill HB1363 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1363
2	2
3	3
4	4	AN ACT
5	5	relating to the repeal of the real estate inspection recovery fund.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1101.603(c), Occupations Code, is
8	8	amended to read as follows:
9	9	(c) Notwithstanding any other law, the commission shall
10	10	deposit to the credit of the trust account [or the real estate
11	11	inspection recovery fund, as determined by the commission,] an
12	12	administrative penalty collected under Subchapter O [for a
13	13	violation by a person licensed under this chapter or Chapter 1102].
14	14	SECTION 2. Section 1102.114, Occupations Code, is amended
15	15	to read as follows:
16	16	Sec. 1102.114. ISSUANCE OF LICENSE. The commission shall
17	17	issue the appropriate license to an applicant who:
18	18	(1) meets the required qualifications; and
19	19	(2) [pays the fee required by Section 1102.352(a); and
20	20	[(3)] submits proof of financial responsibility as
21	21	required by Section 1102.1141.
22	22	SECTION 3. Section 1102.402, Occupations Code, is amended
23	23	to read as follows:
24	24	Sec. 1102.402. LICENSE INELIGIBILITY [REVOCATION] FOR
25	25	CLAIM ON FUND. [(a) The commission may revoke a license issued
26	26	under this chapter or a license, approval, or registration issued
27	27	under Chapter 1101 if the commission makes a payment from the real
28	28	estate inspection recovery fund to satisfy all or part of a judgment
29	29	against the person issued the license, approval, or registration.
30	30	[(b) The commission may probate an order revoking a license.
31	31	[(c)] A person is not eligible for a license under this
32	32	chapter until the person has reimbursed the commission in full for
33	33	any amount paid on the person's behalf from the real estate
34	34	inspection recovery fund under former Subchapter H, as that
35	35	subchapter existed on August 31, 2023, or the real estate recovery
36	36	trust account under Subchapter M, Chapter 1101, plus interest at
37	37	the legal rate.
38	38	SECTION 4. Section 1102.403(b), Occupations Code, is
39	39	amended to read as follows:
40	40	(b) An administrative penalty collected under this section
41	41	for a violation by an inspector shall be deposited to the credit of
42	42	the general revenue [real estate inspection recovery] fund. A
43	43	penalty collected under this section for a violation by a person who
44	44	is not licensed under this chapter or Chapter 1101 shall be
45	45	deposited to the credit of the real estate recovery trust account or
46	46	the general revenue [real estate inspection recovery] fund, as
47	47	determined by the commission. Any amounts deposited to the credit
48	48	of the general revenue fund under this section shall offset any
49	49	amount required to be remitted to that fund by the commission.
50	50	SECTION 5. The following provisions of the Occupations Code
51	51	are repealed:
52	52	(1) Section 1101.603(d); and
53	53	(2) Subchapter H, Chapter 1102.
54	54	SECTION 6. (a) In this section:
55	55	(1) "Commission" means the Texas Real Estate
56	56	Commission.
57	57	(2) "Eligible inspector" means a person who holds a
58	58	real estate inspector license or professional inspector license
59	59	under Chapter 1102, Occupations Code, as of September 1, 2023.
60	60	(b) Not later than December 31, 2023, the commission shall
61	61	transfer not less than $200,000 from the real estate inspection
62	62	recovery fund to the general revenue fund.
63	63	(c) Not later than August 31, 2026, the commission shall
64	64	determine the remaining liability of the real estate inspection
65	65	recovery fund based on any pending claims for payment under former
66	66	Subchapter H, Chapter 1102, Occupations Code, and shall set aside
67	67	an amount in the fund equal to that liability to be used for the
68	68	payment of those pending claims.
69	69	(d) If funds remain in the real estate inspection recovery
70	70	fund after setting aside the amount determined under Subsection (c)
71	71	of this section, the commission shall set aside an additional
72	72	amount not to exceed $10 per eligible inspector. The commission
73	73	shall apply the amount set aside as a credit toward the renewal of
74	74	the license of each eligible inspector whose license expires on or
75	75	after September 30, 2026, and on or before September 30, 2028, and
76	76	who renews the license on or before September 30, 2028.
77	77	(e) After paying all claims for payment from the real estate
78	78	inspection recovery fund and applying any credits under Subsection
79	79	(d) of this section, the commission shall transfer any money
80	80	remaining in the real estate inspection recovery fund to the
81	81	general revenue fund.
82	82	(f) Any money transferred to the general revenue fund under
83	83	this section shall offset any amount required to be remitted to that
84	84	fund by the commission.
85	85	SECTION 7. (a) Section 1102.114, Occupations Code, as
86	86	amended by this Act, applies only to an application for an inspector
87	87	license submitted to the Texas Real Estate Commission on or after
88	88	the effective date of this Act. An application for a license
89	89	submitted before the effective date of this Act is governed by the
90	90	law in effect on the date the application was submitted, and the
91	91	former law is continued in effect for that purpose.
92	92	(b) The change in law made by this Act to Section 1102.402,
93	93	Occupations Code, does not affect the authority of the Texas Real
94	94	Estate Commission to revoke a license, approval, or registration,
95	95	or probate an order revoking a license under that section as it
96	96	existed before the effective date of this Act, for a payment made
97	97	from the real estate inspection recovery fund based on a cause of
98	98	action that accrues before the effective date of this Act, and the
99	99	former law is continued in effect for that purpose.
100	100	(c) Sections 1101.603 and 1102.403, Occupations Code, as
101	101	amended by this Act, apply only to an administrative penalty that is
102	102	collected on or after the effective date of this Act. An
103	103	administrative penalty that is collected before the effective date
104	104	of this Act is governed by the law in effect on the date the
105	105	administrative penalty was collected, and the former law is
106	106	continued in effect for that purpose.
107	107	(d) Subject to Subsection (e) of this section, the repeal by
108	108	this Act of Subchapter H, Chapter 1102, Occupations Code, does not
109	109	affect the validity of a claim for payment from the real estate
110	110	inspection recovery fund based on a cause of action that accrues
111	111	before the effective date of this Act. A claim for payment from the
112	112	fund based on a cause of action that accrues before the effective
113	113	date of this Act is governed by the law in effect on the date the
114	114	cause of action accrued, and the former law is continued in effect
115	115	for that purpose.
116	116	(e) A claim for payment from the real estate inspection
117	117	recovery fund under former Section 1102.355, Occupations Code, for
118	118	a cause of action that accrues before the effective date of this Act
119	119	must be filed before March 1, 2026.
120	120	SECTION 8. This Act takes effect September 1, 2023.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I certify that H.B. No. 1363 was passed by the House on April
124	124	6, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
125	125	voting.
126	126	______________________________
127	127	Chief Clerk of the House
128	128	I certify that H.B. No. 1363 was passed by the Senate on May
129	129	24, 2023, by the following vote: Yeas 31, Nays 0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	APPROVED: _____________________
133	133	Date
134	134	_____________________
135	135	Governor