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.