Bill Text: TX SB1353 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain claims against persons licensed as real estate brokers and salespersons.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Passed) 2011-05-28 - Effective immediately [SB1353 Detail]
Download: Texas-2011-SB1353-Comm_Sub.html
Bill Title: Relating to certain claims against persons licensed as real estate brokers and salespersons.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Passed) 2011-05-28 - Effective immediately [SB1353 Detail]
Download: Texas-2011-SB1353-Comm_Sub.html
By: Eltife, et al. | S.B. No. 1353 | ||
(Solomons, Thompson, Phillips, Hartnett, | |||
Gonzales of Williamson, et al.) |
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relating to certain claims against persons licensed as real estate | ||
brokers and salespersons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 17.49, Business & Commerce Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) Nothing in this subchapter shall apply to a claim | ||
against a person licensed as a broker or salesperson under Chapter | ||
1101, Occupations Code, arising from an act or omission by the | ||
person while acting as a broker or salesperson. This exemption does | ||
not apply to: | ||
(1) an express misrepresentation of a material fact | ||
that cannot be characterized as advice, judgment, or opinion; | ||
(2) a failure to disclose information in violation of | ||
Section 17.46(b)(24); or | ||
(3) an unconscionable action or course of action that | ||
cannot be characterized as advice, judgment, or opinion. | ||
SECTION 2. Subsection (i), Section 17.49, Business & | ||
Commerce Code, as added by this Act, applies only to a claim arising | ||
from an act or omission that occurs on or after the effective date | ||
of this Act. A claim arising from an act or omission that occurred | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the act or omission occurred, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 3. 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, 2011. |