89R10343 JCG-D
By: Hall S.B. No. 1476
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of real estate brokers, agents,
inspectors, appraisers, and appraisal management companies.
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 a felony 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;
(2) [(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;
(3) [(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;
(4) [(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;
(5) [(6)] fails to consider market conditions for the
specific geographic area in which the license holder is providing a
service;
(6) [(7)] 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) [(8)] disregards or violates this chapter or
Chapter 1102.
SECTION 2. Subchapter N, Chapter 1101, Occupations Code, is
amended by adding Section 1101.6565 to read as follows:
Sec. 1101.6565. SUSPENSION, REVOCATION, OR DENIAL FOR
CERTAIN OFFENSES; ELIGIBILITY FOR NEW LICENSE OR CERTIFICATE. (a)
The commission shall suspend or revoke a person's license or
certificate of registration or deny the issuance or renewal of a
license or certificate of registration under this chapter or
Chapter 1102 if:
(1) without regard to an order granting community
supervision, the person enters a plea of guilty or nolo contendere
to or is convicted of:
(A) a felony;
(B) an offense under Chapter 31, 32, 34, or 35,
Penal Code; or
(C) an offense under Chapter 481, Health and
Safety Code, involving the manufacture of, delivery of, or
possession with intent to deliver a controlled substance; and
(2) with respect to an offense described by
Subdivision (1), the time for appeal has elapsed or the judgment or
conviction has been affirmed on appeal.
(b) A person whose license or certificate of registration
has been revoked under this section is not eligible for a new
license or certificate of registration under this chapter until the
tenth anniversary of the later of:
(1) the date of the revocation; or
(2) the date on which the person discharged the
sentence for the offense for which the person's license or
certificate of registration was revoked including, as applicable,
paying any fine or completing any period of supervision.
SECTION 3. Subchapter J, Chapter 1103, Occupations Code, is
amended by adding Section 1103.450 to read as follows:
Sec. 1103.450. SUSPENSION, REVOCATION, OR DENIAL FOR
CERTAIN OFFENSES; ELIGIBILITY FOR NEW CERTIFICATE OR LICENSE. (a)
The board shall suspend or revoke a person's certificate or license
or deny the issuance or renewal of a certificate or license under
this chapter if:
(1) without regard to an order granting community
supervision, the person enters a plea of guilty or nolo contendere
to or is convicted of:
(A) a felony;
(B) an offense under Chapter 31, 32, 34, or 35,
Penal Code; or
(C) an offense under Chapter 481, Health and
Safety Code, involving the manufacture of, delivery of, or
possession with intent to deliver a controlled substance; and
(2) with respect to an offense described by
Subdivision (1), the time for appeal has elapsed or the judgment or
conviction has been affirmed on appeal.
(b) A person whose certificate or license has been revoked
under this section is not eligible for a new certificate or license
under this chapter until the tenth anniversary of the later of:
(1) the date of the revocation; or
(2) the date on which the person discharged the
sentence for the offense for which the person's certificate or
license was revoked including, as applicable, paying any fine or
completing any period of supervision.
SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is
amended by adding Section 1104.2015 to read as follows:
Sec. 1104.2015. SUSPENSION, REVOCATION, OR DENIAL FOR
CERTAIN OFFENSES; ELIGIBILITY FOR NEW REGISTRATION. (a) The board
shall suspend or revoke a person's registration or deny the
issuance or renewal of a registration under this chapter if:
(1) without regard to an order granting community
supervision, the person enters a plea of guilty or nolo contendere
to or is convicted of:
(A) a felony;
(B) an offense under Chapter 31, 32, 34, or 35,
Penal Code; or
(C) an offense under Chapter 481, Health and
Safety Code, involving the manufacture of, delivery of, or
possession with intent to deliver a controlled substance; and
(2) with respect to an offense described by
Subdivision (1), the time for appeal has elapsed or the judgment or
conviction has been affirmed on appeal.
(b) A person whose registration has been revoked under this
section is not eligible for a new registration issued under this
chapter until the tenth anniversary of the later of:
(1) the date of the revocation; or
(2) the date on which the person discharged the
sentence for the offense for which the person's registration was
revoked including, as applicable, paying any fine or completing any
period of supervision.
SECTION 5. Sections 1101.6565(a), 1103.450(a), and
1104.2015(a), Occupations Code, as added by this Act, apply to a
person who entered a plea of guilty or nolo contendere to or was
convicted of an offense to which those subsections apply on or after
January 1, 2020.
SECTION 6. As soon as practicable after the effective date
of this Act, the Texas Real Estate Commission and the Texas
Appraiser Licensing and Certification Board shall adopt rules
necessary to implement the changes in law made by this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.