The 80th regular session of the Texas Legislature which concluded on May 28th
was one of the most successful for our agency in recent history.
The Sunset Advisory Commission bill (SB 914) passed with two amendments added at the last minute. It continues TREC as a stand-alone agency for another 12 years to 2019 and makes a number of modifications in the area of enforcement and education while also integrating the TALCB staff into the TREC organizational structure.
TREC's housekeeping bill (HB 1530) passed with the addition of a requirement
for fingerprinting/criminal background checks on all new real estate applicants
and license renewals.
Some of the changes effective September 1, 2007 are:
Some of the changes effective January 1, 2008 are:
The Texas Real Estate Commission held its regularly scheduled meeting at the TREC headquarters in Austin, Texas on Monday, June 4, 2007. Chairman John Walton presided.
Staff reports were presented by Gwen Jackson, Director of Education, Licensing and Cashier; Della Lindquist, Director of Enforcement; Tom Watson, Director of Information Services; and Karen Alexander, Director of Staff Services.
Mr. Vernon R. Davis, Chair of the Inspector Committee gave the Inspector Committee report.
After executive session, the Commission voted to pay two recovery fund claims. One claim is for $3,000 and one is for $55,000.
The Commission adopted the rule review of 22 TAC Chapter 541 regarding Rules Relating to the Provisions of Texas Occupations Code, Chapter 53; and 22 TAC Chapter 535 (§§535.1-.81) regarding General Provisions.
Mr. Thorburn reported on the Legislative Session and the TREC appropriations request.
The Commission voted to request an attorney general opinion about SB 914's requirements for home inspector liability insurance.
The Commission announced that there would be a meeting of the Administrator Selection Committee on June 13, 2007 at TREC headquarters.
The Commission recognized Wayne Thorburn for his leadership and contributions during his term as TREC Administrator. Mr. Thorburn's last day as administrator will be July 6, 2007.
The Commission appointed Loretta R. DeHay, TREC's general counsel, as interim administrator.
The next meeting of the Commission
is scheduled for August 6, 2007.
It is your responsibility to ensure that your license is renewed in a timely manner. Any education required must be completed before your license expiration date if you want to maintain an active real estate license, unless you pay an additional $200 fee and complete your MCE within 60 days of the expiration date of your license. (A license subject to SAE cannot renew without education being completed.)
Renewal reminder cards are sent out to all brokers and inactive salespersons, active salespersons' cards are sent to the sponsoring broker. The Texas Real Estate Commission is not responsible for U.S. Postal Service delivery or knowing where to find you if you have moved and have not filed a change of address with our office. Failure to receive a renewal reminder card does not provide a valid excuse for not renewing your license.
YOU MUST PAY A FEE TO RENEW YOUR LICENSE
In 1999 on TREC's 50th anniversary, TREC began recognizing licensees who had been licensed for 50 years.
On April 16, 2007, the Houston Association of Realtors hosted a luncheon for the individuals in the Houston area that had been licensed for 50 years or more. They were Henry R. Gavens, Donald Ollenburger, Charles Manly Rawson, James Woodruff Jax, and Carl Louis Taylor.
On April 26 TREC and the MetroTex Board of Directors recognized North Texas licensees. Those licensees in the North Texas area were Sewall Cameron Cutler, Sarah Rowena Castloo, William Henry Maher, Jean M. Conner, Joseph W. Lindsley, Peter Weldon Baldwin, Richard Lee Clements, John Jackson Bentley, Lora Douglas James, John Daniel Slay, and George Adams Venner.
On May 23, 2007, William Upton Beall was honored at a breakfast given by the Greater Tyler Association of Realtors for being licensed 50 years or more.
On May 24, 2007, TREC Administrator Wayne Thorburn presented awards to licensees who have been licensed 50 years or more in the Corpus Christi area. Those honored were Paul J. Koepke, and John William Cuiper.
Senate Bill 914 modifies home inspector licensing and renewal requirements
in Sections 1102.114 and 1102.203(a) of the Texas Occupations Code.
As of September 1, 2007, home inspectors must provide proof of liability insurance to obtain or renew a license. The liability insurance must provide coverage at a minimum of $100,000 per occurrence. Because SB 914 does not define specifically what type of liability insurance coverage home inspectors will be required to hold, the Commission decided at its meeting on June 4, 2007, to ask the Office of the Attorney General to clarify whether SB 914 require an applicant to carry general liability insurance, or professional liability insurance, or both. At the same time, the Commission issued an interim policy statement which defines “liability insurance” to mean professional liability insurance, also known as "errors and omissions" or "E&O" insurance, until the Office of the Attorney General makes a final determination about the new requirements.
Inspectors who renew their licenses before September 1, 2007 will not be required to provide proof of liability insurance. However, they must provide proof of insurance for subsequent renewals.
Inspectors who provide proof of insurance and then renew their license in the future may be required to show proof that they were continuously insured during their previous license period in order to renew their license.
For more information about this new requirement, please refer to the Home Inspector page of the TREC web site: http://www.trec.state.tx.us/inspector/default.asp. By September 1, 2007, complete rules and forms will be in place for this change.
The new requirements are as follows (new text is underlined and printed in red):
Section 1102.114. ISSUANCE OF LICENSE.
The commission shall issue the appropriate license to an applicant who:
(1) meets the required qualifications;
(2) pays the fee required by Section 1102.352(a); and
(3) offers proof that the applicant carries liability insurance with a minimum limit of $100,000 per occurrence to protect the public against a violation of Subchapter G.
Section 1102.203(a). A person may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license and providing proof of liability insurance as required by Section 1102.114(3).
Wayne Thorburn was named as the Texas Real Estate Commission Administrator on December 15, 1997. He is the chief executive officer of the Texas Real Estate Commission and also serves as Commissioner of the Texas Appraiser Licensing and Certification Board. Mr. Thorburn served as President of the international Association of Real Estate License Law Officials (ARELLO) in 2005.
Dr. Thorburn will
be leaving TREC on July 6, 2007. TREC plans to name a new administrator
in mid-July or early August, 2007.
Enforcement questions and answers (FAQs) may be found on TREC's web site at
http://www.trec.state.tx.us/questions/faq-enf.asp
Bodey,
Christopher Lynn
(Plano); license #478605
Revocation of salesperson license, effective April 3, 2007;
Count 1: Christopher Lynn Bodey used a name in property management business
and engaged in such business without the knowledge and consent of his sponsoring
broker, placed a sign on real property offering it for sale or lease without
written consent of the owner, maintained a business account that was not a
trust or escrow account for monies belonging to others and was not joined
on the account by his broker who had no knowledge of the account nor consented
to such. Mr. Bodey negotiated all of the tenant's group of rental checks prior
to the due date although it had been understood the checks would not be negotiated
until the first of each month, Mr. Bodey failed to remit the security deposit
or rent checks to his sponsoring broker, Mr. Bodey failed to name his sponsoring
broker as the broker in a written residential leasing and property management
agreement and instead listed his business name without the knowledge or consent
of his sponsoring broker, Mr. Bodey remitted an insufficient funds check to
the owner for the owner's funds for the leased real property, after termination
of his services Mr. Bodey negotiated early the tenant's next month's rent
check and failed to remit to the owner and/or tenant the security deposit
and one month's rent, in violation of §1101.652(b)(1) of the Texas Occupations
Code, §1101.652(b)(2) of the Texas Occupations Code, §1101.652(b)(9)
of the Texas Occupations Code, §1101.652(b)(10) of the Texas Occupations
Code, 22 TAC §535.146 and 22 TAC §535.159 of the Rules of the Texas
Real Estate Commission;
Count II: after a complaint was filed with the commission and an investigation
was opened against Christopher Lynn Bodey's real estate salesperson license,
Mr. Bodey failed or refused to produce on request from an Investigator of
the Enforcement Division a written response to the complaint along with information
and related documents within the time requested, in violation of §§1101.652(a)(5)&(6)
of the Texas Occupations Code;
Count III: after changing sponsoring brokers for at least about a 2 month
period, Christopher Lynn Bodey negligently and/or incompetently continued
to advertise his real estate brokerage services on a web site as an associate
of his former sponsoring broker without authorization and as such misled the
public, in violation of §1101.652(b)(1) of the Texas Occupations Code,
§1101.652(b)(23) of the Texas Occupations Code, and 22 TAC §535.154
of the Rules of the Texas Real Estate Commission
Ranzani,
Joseph
(Austin); license #410350
Agreed reprimand of salesperson license, entered April 10, 2007; Agreed administrative
penalty of $2,000, entered April 10, 2007; acting negligently or incompetently
in performing an act for which a person is required to hold a real estate
license, in violation of §1101.652(b)(1) of the Texas Occupations Code;
failing to be meticulous in his record-keeping regarding a defect in a listed
property, in violation of 22 TAC §531.1(2) of the Rules of the Texas
Real Estate Commission; failing to keep his principal, which was the seller,
an out-of-state bank, informed at all times of significant information applicable
to the transaction in which the licensee was acting, in violation of 22 TAC
§535.156(c) of the Rules of the Texas Real Estate Commission; and failing
to convey accurate information to the buyer and to members of the public with
whom the licensee dealt, in violation of 22 TAC §535.156(d) of the Rules
of the Texas Real Estate Commission
Saldana,
Kendall Brooke
(Frisco); license #Unlicensed
Agreed administrative penalty of $250, entered April 11, 2007; after expiration
of her real estate salesperson license, Ms. Saldana acted or represented that
she was an associate of her former sponsoring real estate broker without first
holding a license issued by the Texas Real Estate Commission by not making
clear to the lease listing agent and owner that she was an unlicensed assistant
when Ms. Saldana scheduled and showed a prospective tenant real property for
lease, used the supra key that was leased to her former sponsoring real estate
broker, accompanied the prospective tenant to a meeting with the owner and
lease listing agent, and inquired about the lease commission, in violation
of §1101.351(a)(1) of the Texas Occupations Code
Bennett,
Rhonda Lynn
(Plano); license #547984
Agreed administrative penalty of $250, entered April 11, 2007; after expiration
of her real estate salesperson license, Ms. Bennett continued to act or represent
that she was an associate of her former sponsoring real estate broker without
first holding a license issued by the Texas Real Estate Commission and although
her conduct was not done to circumvent the Real Estate License Act and upon
learning her license was expired she immediately ceased and desisted the business
of real estate brokerage, the conduct of Ms. Bennett called into question
her good judgment and integrity in her application for late renewal of a real
estate salesperson license
Taylor,
Paris
(Grand Prairie); license #535110
Agreed 3-month suspension of salesperson license fully probated for two
years, effective April 16, 2007; Agreed administrative penalty of $250,
entered April 16, 2007; Mr. Taylor filed an application for a real estate
salesperson license and an application for late renewal of a real estate
salesperson license wherein on each application he answered "no"
to the question "Are there any criminal charges pending against you?"
at a time there were charges against him pending therefore depriving the
Commission the opportunity to make an inquiry into criminal conduct that
directly impacts upon his fitness for a license and constitutes procuring
a license by fraud, misrepresentation, or deceit or by making a material
misstatement of fact in an application for a license, in violation of §1101.652(a)(2)
of the Texas Occupations Code
Turk,
Kathleen M.
(Willis); license #539724
Agreed administrative penalty of $500, entered April 9, 2007; engaging in
brokerage activities after her license had expired by preparing an offer for
her clients with the expectation of receiving a fee, in violation of §1101.351
of the Texas Occupations Code; failing to provide truthful information regarding
unlicensed real estate brokerage activity when completing an application for
late renewal of a salesperson license, in violation of §1101.652(a)(2)
of the Occupations Code
Verot,
Danielle Allen
(Dallas); license #Unlicensed
Assessment of an administrative penalty of $14,000.00, entered April 24, 2007;
Ms. Verot acted, engaged in, and represented that she was a real estate broker
or salesperson without first holding a license issued by the Texas Real Estate
Commission by renting and leasing real properties on behalf of an owner for
a fee, attempting to sell real properties for the owner with an expectation
of receiving valuable consideration, providing brokerage services in a real
estate sales transaction and receiving compensation for her services at the
closing, and placing signs on real properties of the owner with contact information
for herself for the lease or sale of the properties, in violation of §1101.351(a)(1)
of the Texas Occupations Code
Haddock
Properties, Inc.
(Pearland); license #385232
Agreed reprimand of broker license, entered April 25, 2007; Agreed administrative
penalty of $250, entered April 23, 2007; acted negligently or incompetently
in training and supervising a sponsored salesperson by failing to ensure that
the salesperson presented the Information About Brokerage Services disclosure
upon the first substantive dialogue with a buyer client and failing to ensure
that the salesperson made clear to all parties to a transaction the party
for whom she was acting, in violation of §1101.652(b)(1) of the Texas
Occupations Code investigation, in violation of §1101.652(b)(5) and filling
to provide information related to a complaint, in violation of §1101.652(b)(6),
both of the Texas Occupations Code
Fisher,
James Edwin, Jr.
(Houston); license #400032
Agreed reprimand of salesperson license, entered April 3, 2007; Agreed administrative
penalty of $250, entered April 3, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Hommel,
Sue Ann
(Houston); license #329016
Agreed reprimand of broker license, entered April 3, 2007; Agreed administrative
penalty of $250, entered April 3, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Farris,
Cynthia Ann
(San Antonio); license #286992
Revocation of broker licensed, effective April 5, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Taylor,
Tanya R.
(Houston); license #465808
Agreed reprimand of salesperson license, entered April 5, 2007; Agreed administrative
penalty of $250, entered April 5, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Smith,
Martha McKinney
(Bastrop); license #414023
Agreed reprimand of salesperson license, entered April 5, 2007; Agreed administrative
penalty of $250, entered April 5, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Delgado,
Marcos Antonio
(Garland); license #507969
Agreed reprimand of salesperson license, entered April 9, 2007; failing to
within a reasonable time to provide information to the Commission in response
to Commission's request for same in connection with an application for renewal
of real estate salesperson license, in violation of 22 TAC §535.91(c)
of the Rules of the Texas Real Estate Commission
Hancock,
Darla Marie
(Texarkana); license #423596
Revocation of broker license, effective April 11, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Dudley,
J. Walter
(Houston); license #411583
Revocation of broker license, effective April 11, 2007; payment of $25,960.12
made by the Texas Real Estate Recovery Trust Account toward satisfaction of
a judgment against J. Walter Dudley, as provided by $1101.655(a) of the Texas
Occupations Code
George,
Darron Michael
(Allen); license #497470
Revocation of salesperson license, effective April 12, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Castleberry,
Richard J. T. III
(Cedar Park); license #345192
Agreed reprimand of broker license, entered April 13, 2007; Agreed administrative
penalty of $250, entered April 13, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Allen,
Harold Lynn
(Heath); license #448666
Agreed reprimand of salesperson license, entered April 17, 2007; Agreed administrative
penalty of $250, entered April 17, 2007; failing within a reasonable time
to provide information to the Commission in response to Commission's request
for same in connection with an application for renewal of real estate salesperson
license, in violation of 22 TAC §535.91(c) of the Rules of the Texas
Real Estate Commission
Lagoye,
Abiodun Henri
(Houston); license #477836
Revocation of salesperson license, effective April 18, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Adams,
Patricia J.
(Houston); license #508740
Revocation of salesperson license, effective April 20, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Glendenning,
Marilyn W.
(Austin); license #500714
Agreed reprimand of salesperson license, entered April 23, 2007; Agreed administrative
penalty of $250, entered April 23, 2007; failing to complete mandatory continuing
education hours and pay the $200 fee within the 60-day period provided by
22 TAC §535.92(f) of the Rules of the Texas Real Estate Commission
Newman,
Brent W.
(Cypress); license #522050
Revocation of salesperson license, effective April 25, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Bettencourt,
Helaine
(Oceanside, CA); license #356988
Revocation of broker license, effective April 26, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Hernandez,
Melida
(Stafford); license #485778
Revocation of salesperson license, effective April 26, 2007; failing to complete
mandatory continuing education hours and pay the $200 fee within the 60-day
period provided by 22 TAC §535.92(f) of the Rules of the Texas Real Estate
Commission
Devenport,
Raymond Michael
(Houston); license #194409
Revocation of broker license, effective April 27, 2007; failing within a reasonable
time to provided information to the Commission in response to Commission's
request for same in connection with an application for renewal of real estate
broker license, in violation of 22 TAC §535.91(c) of the Rules of the
Texas Real Estate Commission
DON’T FORGET: You must still renew your license even if you choose to be inactive.
Got A Question About A Relocation Company?
Through a link maintained on the TREC web site, licensees may directly access
The Real Estate Coalition for Cooperative Business Practices (the Coalition)
of the
Employee Relocation Council
by clicking on “The Interchange” on the Coalition’s website
at
http://coalition.erc.org
Licensees may raise concerns about their dealings with a
relocation company and send a message to the appropriate company for response.
Calendar of Events
Commission
Meetings: July 16, 2007 and August 6, 2007
Broker-Lawyer
Committee Meetings: None at this time
Inspector Committee Meetings:July 6, 2007
Web site: http://www.trec.state.tx.us
Phone: (800) 250-TREC (8732) or (512) 459-6544
Official publication of the
Texas Real Estate Commission
Volume 18, Number 3
June 2007
Rick Perry
Governor
Commission Members:
|
John
Walton, Chairman |
|
John
D. Eckstrum, Vice-Chair |
Tom C. Mesa, Secretary PASADENA |
| Troy C. Alley ARLINGTON |
Mary
Frances Burleson |
William H. Flores COLLEGE STATION |
Louise
E. Hull VICTORIA |
Paul H.
Jordan GEORGETOWN |
Elizabeth
Leal EL PASO |
TREC Administrator
Wayne Thorburn
Desktop Publisher
Patricia Holder
The TRECAdvisor (ISSN 1047-4579) is published by the Texas Real Estate Commission (TREC) as an educational service to licensees in the state of Texas. The purpose of the newsletter is to promote a better understanding of the Real Estate License Act and to inform all licensees of changes affecting laws and practices in the real estate industry. The TRECAdvisor is funded through legislative appropriations and subscriptions collected from TREC licensees. The official text of TREC rules is filed with the Office of the Secretary of State, Texas Register. TREC encourages reproduction of this newsletter with the appropriate acknowledgments. Subscriptions are available for $4.00 for two years. Single issues are $1.00. To order a subscription or a single issue write to TRECAdvisor, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. For information regarding TREC, contact:
Texas Real Estate Commission
P.O. Box 12188
Austin, Texas 78711-2188
(512) 459-6544 or (800) 250-TREC
http://www.trec.state.tx.us