Relating to exempting certain transactions from regulation by the Texas Real Estate Commission.

89(R) HB 2349 - House Committee Report version - Bill Text

89R22096 JCG-F

By: Darby

H.B. No. 2349

Substitute the following for H.B. No. 2349:

By: Phelan

C.S.H.B. No. 2349

A BILL TO BE ENTITLED

AN ACT

relating to exempting certain transactions from regulation by the

Texas Real Estate Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1101.002, Occupations Code, is amended

by adding Subdivisions (4-a), (4-b), and (9) to read as follows:

(4-a)

"Mineral" has the meaning assigned by Section

75.001, Property Code. The term includes oil, gas, related

hydrocarbons, coal, lignite, uranium, and substances classified as

base, industrial, precious, or strategic minerals.

(4-b)

"Other energy source" means a natural resource

other than water or a mineral that is necessary to produce energy,

including geothermal, nuclear, solar, and wind energy.

(9) "Water" means:

(A) diffused surface water;

(B)

groundwater, as defined by Section 36.001,

Water Code; or

(C)

state water, as described by Section

11.021(a), Water Code.

SECTION 2. Section 1101.005, Occupations Code, is amended

to read as follows:

Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does

not apply to:

(1) an attorney licensed in this state;

(2) an attorney-in-fact authorized under a power of

attorney to conduct not more than three real estate transactions

annually;

(3) a public official while engaged in official

duties;

(4) an auctioneer licensed under Chapter 1802 while

conducting the sale of real estate by auction if the auctioneer does

not perform another act of a broker;

(5) a person conducting a real estate transaction

under a court order or the authority of a will or written trust

instrument;

(6) a person employed by an owner in the sale of

structures and land on which structures are located if the

structures are erected by the owner in the course of the owner's

business;

(7) an on-site manager of an apartment complex;

(8) an owner or the owner's employee who leases the

owner's improved or unimproved real estate; [
or
]

(9) a transaction involving:

(A) the sale, lease, or transfer of a
real

property interest in:

(i) minerals, mining, or a quarry;

(ii) standing timber; or

(iii) other energy sources
[
mineral or

mining interest in real property
];

(B) the sale, lease, or transfer of a cemetery

lot;

(C) the lease or management of a hotel or motel;

or

(D) the sale of real property under a power of

sale conferred by a deed of trust or other contract lien
;

(10)

the sale, lease, or transfer of real estate owned

or leased by or being acquired by or leased to a limited partnership

by:

(A) a general partner of the limited partnership;

(B)

an employee of a general partner of the

limited partnership who negotiates the transaction in the course of

employment; or

(C)

an employee of the limited partnership who

negotiates the transaction in the course of employment; or

(11)

the sale, lease, or transfer of real estate owned

or leased by or being acquired by or leased to a limited liability

company by:

(A)

a manager or managing member of the limited

liability company;

(B)

an employee of a manager or managing member

of the limited liability company who negotiates the transaction in

the course of employment; or

(C)

an employee or member of the limited

liability company who negotiates the transaction in the course of

employment
.

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, 2025.