By:  Cain                                             H.B. No. 1167
       73R2120 JMM-F
                                 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(d), Article 8886, Revised Statutes, is
    1-6  amended to read as follows:
    1-7        (d)  The registration requirement imposed under Subsection
    1-8  (a) of this section does not apply to:
    1-9              (1)  an individual acting under a general power of
   1-10  attorney, unless the individual represents that the individual is a
   1-11  property tax consultant, agent, advisor, or representative;
   1-12              (2)  an individual licensed to practice law in this
   1-13  state;
   1-14              (3)  an employee of a property owner or of an
   1-15  affiliated or subsidiary company of a property owner, if the
   1-16  employee performs property tax consulting services for the property
   1-17  owner or for a partnership, joint venture, or corporation in which
   1-18  the property owner owns an interest;
   1-19              (4)  a property owner's lessee who is designated as the
   1-20  agent of the property owner in accordance with Section 1.111, Tax
   1-21  Code;
   1-22              (5)  a public employee or officer who provides
   1-23  assistance to a property owner in the course of the employee's or
   1-24  officer's duties;
    2-1              (6)  a certified public accountant under the Public
    2-2  Accountancy Act of 1979 (Article 41a-1, Vernon's Texas Civil
    2-3  Statutes); <or>
    2-4              (7)  an individual who assists another person in the
    2-5  performance of property tax consulting services or provides
    2-6  testimony on behalf of the other person at a protest hearing under
    2-7  Subchapter C, Chapter 41, Tax Code, unless the individual is
    2-8  designated as the person's agent under Section 1.111, Tax Code, or
    2-9  more than 50 percent of the individual's employment time is devoted
   2-10  to or income is derived from performing or supervising the
   2-11  performance of property tax consulting services;
   2-12              (8)  a real estate broker or real estate salesman
   2-13  licensed under The Real Estate License Act (Article 6573a, Vernon's
   2-14  Texas Civil Statutes); or
   2-15              (9)  a state-licensed real estate appraiser or a
   2-16  state-certified real estate appraiser licensed or certified under
   2-17  the Texas Appraiser Licensing and Certification Act (Article
   2-18  6573a.2, Vernon's Texas Civil Statutes).
   2-19        SECTION 2.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.