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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of construction documents to certain |
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purchasers of newly constructed homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1101.005, Occupations Code, is amended |
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to read as follows: |
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Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter |
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does not apply to: |
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(1) an attorney licensed in this state; |
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(2) an attorney-in-fact authorized under a power of |
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attorney to conduct a real estate transaction; |
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(3) a public official while engaged in official |
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duties; |
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(4) an auctioneer licensed under Chapter 1802 while |
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conducting the sale of real estate by auction if the auctioneer does |
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not perform another act of a broker or salesperson; |
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(5) a person conducting a real estate transaction |
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under a court order or the authority of a will or written trust |
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instrument; |
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(6) [a person employed by an owner in the sale of
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structures and land on which structures are located if the
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structures are erected by the owner in the course of the owner's
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business;
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[(7)] an on-site manager of an apartment complex; |
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(7) [(8)] an owner or the owner's employee who leases |
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the owner's improved or unimproved real estate; or |
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(8) [(9)] a transaction involving: |
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(A) the sale, lease, or transfer of a mineral or |
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mining interest in real property; |
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(B) the sale, lease, or transfer of a cemetery |
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lot; |
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(C) the lease or management of a hotel or motel; |
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or |
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(D) the sale of real property under a power of |
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sale conferred by a deed of trust or other contract lien. |
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SECTION 2. Section 1101.557(c), Occupations Code, is |
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amended to read as follows: |
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(c) For the purposes of this section: |
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(1) a license holder who has the authority to bind a |
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party to a lease or sale under a power of attorney or a property |
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management agreement is also a party to the lease or sale; and |
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(2) [an inquiry to a person described by Section
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1101.005(6) about contract terms or forms required by the person's
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employer does not violate Section 1101.652(b)(22) if the person
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does not have the authority to bind the employer to the contract;
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and
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[(3)] the sole delivery of an offer to a party does not |
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violate Section 1101.652(b)(22) if: |
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(A) the party's broker consents to the delivery; |
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(B) a copy of the offer is sent to the party's |
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broker, unless a governmental agency using a sealed bid process |
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does not allow a copy to be sent; and |
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(C) the person delivering the offer does not |
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engage in another activity that directly or indirectly violates |
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Section 1101.652(b)(22). |
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SECTION 3. Chapter 1101, Occupations Code, is amended by |
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adding Subchapter N-1 to read as follows: |
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SUBCHAPTER N-1. BUILDING CONTRACTS AND TRANSFERS OF TITLE FROM |
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BUILDER |
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Sec. 1101.681. CONSTRUCTION DOCUMENTS. A builder who |
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constructs a new single-family home must provide a copy of any |
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documents used in the construction of the home, including written |
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specifications or blueprints: |
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(1) at the time the construction is completed, to the |
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person who contracted with the builder for the construction of the |
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home; or |
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(2) at the time title to the home is transferred by the |
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builder, to the person who purchases the home from the builder. |
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SECTION 4. The change in law made by this Act applies only |
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to a contract for construction entered into or a transfer of title |
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made on or after the effective date of this Act. A contract entered |
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into or a transfer of title made before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |