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HB 2349

AN ACT relating to exempting certain transactions from regulation by the

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Amends Texas occupational regulations to expand exemptions for real estate transactions involving specific types of property and entities. The legislation creates broader definitions of "mineral" and "other energy source" and adds multiple categories of transactions that are now exempt from standard real estate broker regulations, including sales or leases related to minerals, mining interests, energy sources, cemeteries, hotels/motels, and transactions conducted by limited partnerships or limited liability companies. These changes will allow certain property owners, partners, and employees more flexibility in conducting real estate transactions without requiring a real estate broker license.

Subject Areas

Bill Text

relating to exempting certain transactions from regulation by the
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) and (4-b) 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 a mineral that is necessary to produce energy, including
geothermal, hydroelectric, nuclear, solar, and wind energy.
SECTION 2.  Section 1101.005, Occupations Code, is amended
Sec. 1101.005.  APPLICABILITY OF CHAPTER.  This chapter does
(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
(3)  a public official while engaged in official
(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
(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
(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]
(A)  the sale, lease, or transfer of a real
(i)  minerals, mining, or a quarry;
(iv)  other energy sources [mineral or
mining interest in real property];
(B)  the sale, lease, or transfer of a cemetery
(C)  the lease or management of a hotel or motel;
(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 for a
(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
(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 for a
(A)  a manager or managing member of the limited
(B)  an employee of a manager or managing member
of the limited liability company who negotiates the transaction in
(C)  an employee or member of the limited
liability company who negotiates the transaction in the course of
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.

Bill History

filed

Bill filed: AN ACT relating to exempting certain transactions from regulation by the