Texas 2025 - 89th Regular

Texas Senate Bill SB1476 Compare Versions

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

Old	New	Differences
1	1	89R10343 JCG-D
2	2	By: Hall S.B. No. 1476
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of real estate brokers, agents,
10	10	inspectors, appraisers, and appraisal management companies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1101.652(a), Occupations Code, is
13	13	amended to read as follows:
14	14	(a) The commission may suspend or revoke a license issued
15	15	under this chapter or Chapter 1102 or take other disciplinary
16	16	action authorized by this chapter or Chapter 1102 if the license
17	17	holder:
18	18	(1) [enters a plea of guilty or nolo contendere to or
19	19	is convicted of a felony or a criminal offense involving fraud, and
20	20	the time for appeal has elapsed or the judgment or conviction has
21	21	been affirmed on appeal, without regard to an order granting
22	22	community supervision that suspends the imposition of the sentence;
23	23	[(2)] procures or attempts to procure a license under
24	24	this chapter or Chapter 1102 for the license holder by fraud,
25	25	misrepresentation, or deceit or by making a material misstatement
26	26	of fact in an application for a license;
27	27	(2) [(3)] fails to honor, within a reasonable time, a
28	28	check issued to the commission after the commission has sent by
29	29	certified mail a request for payment to the license holder's last
30	30	known business address according to commission records;
31	31	(3) [(4)] fails to provide, within a reasonable time,
32	32	information requested by the commission that relates to a formal or
33	33	informal complaint to the commission that would indicate a
34	34	violation of this chapter or Chapter 1102;
35	35	(4) [(5)] fails to surrender to the owner, without
36	36	just cause, a document or instrument that is requested by the owner
37	37	and that is in the license holder's possession;
38	38	(5) [(6)] fails to consider market conditions for the
39	39	specific geographic area in which the license holder is providing a
40	40	service;
41	41	(6) [(7)] fails to notify the commission, not later
42	42	than the 30th day after the date of a final conviction or the entry
43	43	of a plea of guilty or nolo contendere, that the person has been
44	44	convicted of or entered a plea of guilty or nolo contendere to a
45	45	felony or a criminal offense involving fraud; or
46	46	(7) [(8)] disregards or violates this chapter or
47	47	Chapter 1102.
48	48	SECTION 2. Subchapter N, Chapter 1101, Occupations Code, is
49	49	amended by adding Section 1101.6565 to read as follows:
50	50	Sec. 1101.6565. SUSPENSION, REVOCATION, OR DENIAL FOR
51	51	CERTAIN OFFENSES; ELIGIBILITY FOR NEW LICENSE OR CERTIFICATE. (a)
52	52	The commission shall suspend or revoke a person's license or
53	53	certificate of registration or deny the issuance or renewal of a
54	54	license or certificate of registration under this chapter or
55	55	Chapter 1102 if:
56	56	(1) without regard to an order granting community
57	57	supervision, the person enters a plea of guilty or nolo contendere
58	58	to or is convicted of:
59	59	(A) a felony;
60	60	(B) an offense under Chapter 31, 32, 34, or 35,
61	61	Penal Code; or
62	62	(C) an offense under Chapter 481, Health and
63	63	Safety Code, involving the manufacture of, delivery of, or
64	64	possession with intent to deliver a controlled substance; and
65	65	(2) with respect to an offense described by
66	66	Subdivision (1), the time for appeal has elapsed or the judgment or
67	67	conviction has been affirmed on appeal.
68	68	(b) A person whose license or certificate of registration
69	69	has been revoked under this section is not eligible for a new
70	70	license or certificate of registration under this chapter until the
71	71	tenth anniversary of the later of:
72	72	(1) the date of the revocation; or
73	73	(2) the date on which the person discharged the
74	74	sentence for the offense for which the person's license or
75	75	certificate of registration was revoked including, as applicable,
76	76	paying any fine or completing any period of supervision.
77	77	SECTION 3. Subchapter J, Chapter 1103, Occupations Code, is
78	78	amended by adding Section 1103.450 to read as follows:
79	79	Sec. 1103.450. SUSPENSION, REVOCATION, OR DENIAL FOR
80	80	CERTAIN OFFENSES; ELIGIBILITY FOR NEW CERTIFICATE OR LICENSE. (a)
81	81	The board shall suspend or revoke a person's certificate or license
82	82	or deny the issuance or renewal of a certificate or license under
83	83	this chapter if:
84	84	(1) without regard to an order granting community
85	85	supervision, the person enters a plea of guilty or nolo contendere
86	86	to or is convicted of:
87	87	(A) a felony;
88	88	(B) an offense under Chapter 31, 32, 34, or 35,
89	89	Penal Code; or
90	90	(C) an offense under Chapter 481, Health and
91	91	Safety Code, involving the manufacture of, delivery of, or
92	92	possession with intent to deliver a controlled substance; and
93	93	(2) with respect to an offense described by
94	94	Subdivision (1), the time for appeal has elapsed or the judgment or
95	95	conviction has been affirmed on appeal.
96	96	(b) A person whose certificate or license has been revoked
97	97	under this section is not eligible for a new certificate or license
98	98	under this chapter until the tenth anniversary of the later of:
99	99	(1) the date of the revocation; or
100	100	(2) the date on which the person discharged the
101	101	sentence for the offense for which the person's certificate or
102	102	license was revoked including, as applicable, paying any fine or
103	103	completing any period of supervision.
104	104	SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is
105	105	amended by adding Section 1104.2015 to read as follows:
106	106	Sec. 1104.2015. SUSPENSION, REVOCATION, OR DENIAL FOR
107	107	CERTAIN OFFENSES; ELIGIBILITY FOR NEW REGISTRATION. (a) The board
108	108	shall suspend or revoke a person's registration or deny the
109	109	issuance or renewal of a registration under this chapter if:
110	110	(1) without regard to an order granting community
111	111	supervision, the person enters a plea of guilty or nolo contendere
112	112	to or is convicted of:
113	113	(A) a felony;
114	114	(B) an offense under Chapter 31, 32, 34, or 35,
115	115	Penal Code; or
116	116	(C) an offense under Chapter 481, Health and
117	117	Safety Code, involving the manufacture of, delivery of, or
118	118	possession with intent to deliver a controlled substance; and
119	119	(2) with respect to an offense described by
120	120	Subdivision (1), the time for appeal has elapsed or the judgment or
121	121	conviction has been affirmed on appeal.
122	122	(b) A person whose registration has been revoked under this
123	123	section is not eligible for a new registration issued under this
124	124	chapter until the tenth anniversary of the later of:
125	125	(1) the date of the revocation; or
126	126	(2) the date on which the person discharged the
127	127	sentence for the offense for which the person's registration was
128	128	revoked including, as applicable, paying any fine or completing any
129	129	period of supervision.
130	130	SECTION 5. Sections 1101.6565(a), 1103.450(a), and
131	131	1104.2015(a), Occupations Code, as added by this Act, apply to a
132	132	person who entered a plea of guilty or nolo contendere to or was
133	133	convicted of an offense to which those subsections apply on or after
134	134	January 1, 2020.
135	135	SECTION 6. As soon as practicable after the effective date
136	136	of this Act, the Texas Real Estate Commission and the Texas
137	137	Appraiser Licensing and Certification Board shall adopt rules
138	138	necessary to implement the changes in law made by this Act.
139	139	SECTION 7. This Act takes effect immediately if it receives
140	140	a vote of two-thirds of all the members elected to each house, as
141	141	provided by Section 39, Article III, Texas Constitution. If this
142	142	Act does not receive the vote necessary for immediate effect, this
143	143	Act takes effect September 1, 2025.