HB2349 - Relating to exempting certain transactions from regulation by the Texas Real Estate Commission.

  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.