Texas 2025 - 89th Regular

Texas House Bill HB2349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R22096~~ JCG-F
	1	+	89R4494 JCG-F
2	2		By: Darby H.B. No. 2349
3		-	Substitute the following for H.B. No. 2349:
4		-	By: Phelan C.S.H.B. No. 2349
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to exempting certain transactions from regulation by the
12	10		Texas Real Estate Commission.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 1101.002, Occupations Code, is amended
15		-	by adding Subdivisions (4-a), (4-b~~), and (9~~) to read as follows:
	13	+	by adding Subdivisions (4-a) and (4-b) to read as follows:
16	14		(4-a) "Mineral" has the meaning assigned by Section
17	15		75.001, Property Code. The term includes oil, gas, related
18	16		hydrocarbons, coal, lignite, uranium, and substances classified as
19	17		base, industrial, precious, or strategic minerals.
20	18		(4-b) "Other energy source" means a natural resource
21		-	other than water or a mineral that is necessary to produce energy,
22		-	including geothermal, nuclear, solar, and wind energy.
23		-	(9) "Water" means:
24		-	(A) diffused surface water;
25		-	(B) groundwater, as defined by Section 36.001,
26		-	Water Code; or
27		-	(C) state water, as described by Section
28		-	11.021(a), Water Code.
	19	+	other than a mineral that is necessary to produce energy, including
	20	+	geothermal, hydroelectric, nuclear, solar, and wind energy.
29	21		SECTION 2. Section 1101.005, Occupations Code, is amended
30	22		to read as follows:
31	23		Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does
32	24		not apply to:
33	25		(1) an attorney licensed in this state;
34	26		(2) an attorney-in-fact authorized under a power of
35	27		attorney to conduct not more than three real estate transactions
36	28		annually;
37	29		(3) a public official while engaged in official
38	30		duties;
39	31		(4) an auctioneer licensed under Chapter 1802 while
40	32		conducting the sale of real estate by auction if the auctioneer does
41	33		not perform another act of a broker;
42	34		(5) a person conducting a real estate transaction
43	35		under a court order or the authority of a will or written trust
44	36		instrument;
45	37		(6) a person employed by an owner in the sale of
46	38		structures and land on which structures are located if the
47	39		structures are erected by the owner in the course of the owner's
48	40		business;
49	41		(7) an on-site manager of an apartment complex;
50	42		(8) an owner or the owner's employee who leases the
51	43		owner's improved or unimproved real estate; [or]
52	44		(9) a transaction involving:
53	45		(A) the sale, lease, or transfer of a real
54	46		property interest in:
55	47		(i) minerals, mining, or a quarry;
56		-	(ii) standing timber; or
57		-	(iii) other energy sources [mineral or
	48	+	(ii) water;
	49	+	(iii) standing timber; or
	50	+	(iv) other energy sources [mineral or
58	51		mining interest in real property];
59	52		(B) the sale, lease, or transfer of a cemetery
60	53		lot;
61	54		(C) the lease or management of a hotel or motel;
62	55		or
63	56		(D) the sale of real property under a power of
64	57		sale conferred by a deed of trust or other contract lien;
65		-	(10) the sale, lease, or transfer of real estate owned
66		-	or leased by or being acquired by or leased to a limited partnership
67		-	by:
	58	+	(10) the sale, lease, or transfer of real estate for a
	59	+	limited partnership by:
68	60		(A) a general partner of the limited partnership;
69	61		(B) an employee of a general partner of the
70	62		limited partnership who negotiates the transaction in the course of
71	63		employment; or
72	64		(C) an employee of the limited partnership who
73	65		negotiates the transaction in the course of employment; or
74		-	(11) the sale, lease, or transfer of real estate owned
75		-	or leased by or being acquired by or leased to a limited liability
76		-	company by:
	66	+	(11) the sale, lease, or transfer of real estate for a
	67	+	limited liability company by:
77	68		(A) a manager or managing member of the limited
78	69		liability company;
79	70		(B) an employee of a manager or managing member
80	71		of the limited liability company who negotiates the transaction in
81	72		the course of employment; or
82	73		(C) an employee or member of the limited
83	74		liability company who negotiates the transaction in the course of
84	75		employment.
85	76		SECTION 3. This Act takes effect immediately if it receives
86	77		a vote of two-thirds of all the members elected to each house, as
87	78		provided by Section 39, Article III, Texas Constitution. If this
88	79		Act does not receive the vote necessary for immediate effect, this
89	80		Act takes effect September 1, 2025.