Fingerprinting requirement riles some real estate agents

McALLEN — A new Texas law requiring real estate professionals to be fingerprinted is drawing the ire of some local agents who say the state is invading their privacy.

Starting Jan. 1, real estate agents renewing their licenses will have to dip their fingers in the black ink and hand the prints over so the state can guarantee that the individuals don’t have a criminal history of theft, violence or sexual assault.

The rule is intended to make sure that real estate agents don’t have any unscrupulous behavior in their past that could indicate that they shouldn’t hold a real estate license, said Loretta DeHay, an attorney with the Texas Real Estate Commission, the state agency administering the fingerprinting program.

While most agree with the need to protect those selling home, some locally are calling the law “McCarthyism” and “an invasion of privacy.”

“It’s Big Brother and that’s it,” said Marylin Hardison, a real estate agent and broker with Star Properties GMAC in McAllen.

The law was sponsored by Rep. Kino Flores, D-Palmview, and supported by the Texas Realtors Association. It stems from an incident in Houston where a man was granted a real estate license, but it was later discovered that he had been convicted in another state of a sexual offense against a child.

The man was never accused of any wrongdoing as an agent, but law supporters said the possibilities of a child predator who has access to people’s homes were frightening.

The requirement also carries a fee of $44.20 for real estate agents, which covers the fingerprinting and the background check, DeHay said. Fingerprints are necessary to cover nationwide FBI criminal background checks, DeHay said. The fingerprinting is done every two years when agents renew their real estate licenses.

New licensees in some other industries, such as teaching, have had to submit to fingerprinting and background checks since 2003.

Tim Wilkins, a commercial and residential Realtor in McAllen, says the law assumes that all people are sex offenders.

“I understand the intent behind it is to protect the consumer. But to me it’s an unnecessary inconvenience on law-abiding citizens,” Wilkins said. “They could do a lot more to put the burden on the felon.”

Flores said the bill was authored by industry officials and he supported it as the chairman of the House’s Licensing and Administrative Procedures Committee. The bill passed 144-0 in the Texas House of Representatives.

Flores said those against the law are a small minority.

Many local real estate agents say the program is necessary to protect clients.

“I think it’s very important. Everyone in my office will be doing it,” said Sandra Santos, a real estate agent with Prudential Real Estate in McAllen. “It’s just another security measures. When we go to Texas State Bank we have to put our fingerprints on a check if you don’t have an account there. I don’t see the difference.”

McAllen commercial real estate broker Adrian Arriaga sits on the Texas Real Estate Commission’s board of commissioners. He said the law was an important step to make sure real estate agents are trustworthy.

“When they (home sellers) deal with a person with a real estate license in Texas, they should be assured that they are safe,” Arriaga said.

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Kyle Arnold covers business, the economy and general assignments for The Monitor. You can reach him at (956) 683-4410.