H.B. No. 1236

relating to an exemption from The Real Estate License Act for persons who conduct foreclosure sales. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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 any state; (2) an attorney-in-fact authorized under a power of attorney to conduct a real estate transaction; (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 or salesperson; (5) a person acting 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; (9) a partnership or limited liability partnership acting as a broker or salesperson through a partner who is a licensed broker; or (10) a transaction involving: (A) the sale, lease, or transfer of a mineral or mining interest in real property; (B) the sale, lease, or transfer of a cemetery lot; [or] (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. SECTION 2. 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, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1236 was passed by the House on March 31, 2005, by the following vote: Yeas 147, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1236 was passed by the Senate on May 3, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor