bill pulling real estate licenses after certain convictions

The text as introduced · 1,197 words

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.