By Cain H.B. No. 1167
Substitute the following for H.B. No. 1167:
By Carter C.S.H.B. No. 1167
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons exempt from the registration requirement to
1-3 practice as a property tax consultant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 8886, Revised Statutes, is
1-6 amended to read as follows:
1-7 Sec. 2. (a) An individual may not perform property tax
1-8 consultant services for compensation unless the individual is a
1-9 registered property tax consultant or a registered senior property
1-10 tax consultant.
1-11 (b) A registered property tax consultant may not perform
1-12 property tax consulting services for compensation unless the
1-13 individual is employed by or associated with and acting for a
1-14 registered senior property tax consultant.
1-15 (c) A person may not represent that an individual is a
1-16 registered property tax consultant, agent, advisor, or
1-17 representative unless the individual is a registered property tax
1-18 consultant or registered senior property tax consultant.
1-19 (d) The registration requirement imposed under Subsection
1-20 (a) of this section does not apply to:
1-21 (1) an individual acting under a general power of
1-22 attorney, unless the individual represents that the individual is a
1-23 property tax consultant, agent, advisor, or representative;
1-24 (2) an individual licensed to practice law in this
2-1 state;
2-2 (3) an employee of a property owner or of an
2-3 affiliated or subsidiary company of a property owner, if the
2-4 employee performs property tax consulting services for the property
2-5 owner or for a partnership, joint venture, or corporation in which
2-6 the property owners owns an interest;
2-7 (4) a property owner's lessee who is designated as the
2-8 agent of the property owner in accordance with Section 1.111, Tax
2-9 Code;
2-10 (5) a public employee of officer who provides
2-11 assistance to a property owner in the course of the employee's or
2-12 officer's duties;
2-13 (6) a certified public accountant under the Public
2-14 Accountancy Act of 1979 (Article 41a-1, Vernon's Texas Civil
2-15 Statutes); <or>
2-16 (7) an individual who assists another person in the
2-17 performance of property tax consulting services or provides
2-18 testimony on behalf of the other person at a protest hearing under
2-19 Subchapter C, Chapter 41, Tax Code, unless the individual is
2-20 designated as the person's agent under Section 1.11, Tax Code, or
2-21 more than 50 percent of the individual's employment time is devoted
2-22 to or income is derived from performing or supervising the
2-23 performance of property tax consulting services; or
2-24 (8) an individual licensed as a real estate broker or
2-25 salesman under the Real Estate License Act (Article 6573a, Vernon's
2-26 Texas Civil Statutes) or as a real estate appraiser or a
2-27 state-certified appraiser under the Texas Appraiser Licensing and
3-1 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes)
3-2 if the individual complies with Subsection (f) of this section.
3-3 (e) An individual who is not required to be registered under
3-4 this article may register under this article if the individual
3-5 meets the registration requirements imposed by Sections 3, 4, and 5
3-6 of this article. An individual exempt from registration under this
3-7 article who elects to be registered under this article is subject
3-8 to the provisions of this article.
3-9 (f) Notwithstanding any provision of this article, an
3-10 individual licensed as an active real estate broker or salesman
3-11 under the Real Estate License Act (Article 6573a, Vernon's Texas
3-12 Civil Statutes) or as an active real estate appraiser or
3-13 state-certified appraiser under the Texas Appraiser Licensing and
3-14 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes)
3-15 may perform property tax consulting services for compensation only
3-16 in connection with real property if the individual files a written
3-17 statement with the commission stating that the individual intends
3-18 to perform property tax consulting services only in connection with
3-19 real property and pays a fee equal to the renewal fee required by
3-20 the commission for a property tax consultant under Subsection 5(e)
3-21 of this article. The commissioner shall promptly acknowledge
3-22 receipt of the written notice and fee under this Subsection in
3-23 writing. An individual who files the written notice and pays the
3-24 fee under this Subsection may perform property tax consulting
3-25 services in connection with real property for a period of two years
3-26 from the date the notice is filed with the commission <The
3-27 requirements imposed by Subsection (b) of this section and
4-1 Subsections (b) and (c) of Section 3 of this article do not apply
4-2 to an individual who applies for registration under this article
4-3 before March 1, 1992, and who, on the dated of the application, is
4-4 licensed and on active status as a real estate broker under The
4-5 Real Estate License Act (Article 6573a, Vernon's Texas Civil
4-6 Statutes), unless the individual performs or supervises the
4-7 performance of property tax consulting services for compensation in
4-8 connection with a property that is not real property>.
4-9 SECTION 2. This Act takes effect September 1, 1993
4-10 SECTION 3. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended,
4-15 and that this Act take effect and be in force from and after its
4-16 passage, and it is so enacted.