By: Kubiak H.B. No. 1953
73R4182 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of certain licensing agencies to issue
1-3 subpoenas in enforcement proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Texas Appraiser Licensing and
1-6 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 Sec. 5. Powers and duties of board. The board may:
1-9 (1) adopt rules for the licensing and certification of
1-10 real estate appraisers in this state in accordance with this Act
1-11 and consistent with, but no more stringent than, applicable federal
1-12 law;
1-13 (2) establish categories of appraiser certification
1-14 and appraiser licensing, consistent with the categories of
1-15 appraiser certification and appraiser licensing recognized by the
1-16 Appraiser Qualifications Board, the Appraisal Standards Board, and
1-17 the Appraisal Subcommittee, and prescribe qualifications for each
1-18 category that are no more stringent than the qualifications
1-19 required by the Appraiser Qualifications Board, the Appraisal
1-20 Standards Board, and the Appraisal Subcommittee for each category;
1-21 (3) adopt rules relating to the education and
1-22 experience requirements for certification and licensing as an
1-23 appraiser in a manner that is consistent with, but no more
1-24 stringent than, the threshold requirements adopted by the Appraiser
2-1 Qualifications Board or the Appraisal Subcommittee;
2-2 (4) adopt rules relating to the qualifying examination
2-3 required for certification or licensing as an appraiser under this
2-4 Act;
2-5 (5) adopt rules establishing a code of professional
2-6 conduct and ethics for a certified or licensed appraiser that meets
2-7 the standards generally accepted by the Appraisal Subcommittee and
2-8 prescribed by the Uniform Standards of Professional Appraisal
2-9 Practice;
2-10 (6) establish reasonable fees to implement this Act,
2-11 including an application fee for certification or licensing, an
2-12 examination fee, a renewal fee for a certificate or license, a
2-13 federal appraiser registry fee, and any other fee required by law;
2-14 (7) adopt rules relating to continuing education
2-15 requirements for a licensed or certified appraiser;
2-16 (8) adopt rules relating to the standards for the
2-17 development of a written appraisal by a certified or licensed
2-18 appraiser that are consistent with the appraisal regulations
2-19 adopted by a federal financial institution regulatory agency or the
2-20 Uniform Standards of Professional Appraisal Practice; <and>
2-21 (9) grant or deny an application for the certification
2-22 and licensing of a real estate appraiser; and
2-23 (10) request and, if necessary, compel by subpoena the
2-24 attendance of witnesses for examination under oath, and the
2-25 production, for inspection and copying, of books, accounts,
2-26 records, papers, correspondence, documents, and other evidence
2-27 relevant to the investigation of alleged violations of this Act.
3-1 SECTION 2. Section 4, Chapter 1036, Acts of the 62nd
3-2 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-3 Civil Statutes), is amended by adding Subsection (l) to read as
3-4 follows:
3-5 (l) The commission may request and, if necessary, compel by
3-6 subpoena the attendance of witnesses for examination under oath,
3-7 and the production, for inspection and copying, of books, accounts,
3-8 records, papers, correspondence, documents, and other evidence
3-9 relevant to the investigation of alleged violations of this Act.
3-10 SECTION 3. Chapter 9, Title 71, Revised Statutes, is amended
3-11 by adding Article 4549-1.1 to read as follows:
3-12 Art. 4549-1.1. SUBPOENA POWER. The State Board of Dental
3-13 Examiners may request and, if necessary, compel by subpoena the
3-14 attendance of witnesses for examination under oath, and the
3-15 production, for inspection and copying, of books, accounts,
3-16 records, papers, correspondence, documents, and other evidence
3-17 relevant to the investigation of alleged violations of the
3-18 provisions of the statutes of the State of Texas relating to the
3-19 practice of dentistry or any provisions of this chapter.
3-20 SECTION 4. Section 8, The Texas Engineering Practice Act
3-21 (Article 3271a, Vernon's Texas Civil Statutes), is amended by
3-22 adding Subsection (d) to read as follows:
3-23 (d) The Board may request and, if necessary, compel by
3-24 subpoena the attendance of witnesses for examination under oath,
3-25 and the production, for inspection and copying, of books, accounts,
3-26 records, papers, correspondence, documents, and other evidence
3-27 relevant to the investigation of alleged violations of this Act.
4-1 SECTION 5. Section 4, Texas Structural Pest Control Act
4-2 (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
4-3 adding Subsection (i) to read as follows:
4-4 (i) The board may request and, if necessary, compel by
4-5 subpoena the attendance of witnesses for examination under oath,
4-6 and the production, for inspection and copying, of books, accounts,
4-7 records, papers, correspondence, documents, and other evidence
4-8 relevant to the investigation of alleged violations of this Act.
4-9 SECTION 6. Section 3, Chapter 836, Acts of the 62nd
4-10 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
4-11 Civil Statutes), is amended by adding Subsection (m) to read as
4-12 follows:
4-13 (m) The board may request and, if necessary, compel by
4-14 subpoena the attendance of witnesses for examination under oath,
4-15 and the production, for inspection and copying, of books, accounts,
4-16 records, papers, correspondence, documents, and other evidence
4-17 relevant to the investigation of alleged violations of this Act.
4-18 SECTION 7. Section 8A, The Plumbing License Law (Article
4-19 6243-101, Vernon's Texas Civil Statutes), is amended by adding
4-20 Subsection (f) to read as follows:
4-21 (f) The Board may request and, if necessary, compel by
4-22 subpoena the attendance of witnesses for examination under oath,
4-23 and the production, for inspection and copying, of books, accounts,
4-24 records, papers, correspondence, documents, and other evidence
4-25 relevant to the investigation of alleged violations of this Act.
4-26 SECTION 8. Section 15, The Real Estate License Act (Article
4-27 6573a, Vernon's Texas Civil Statutes), is amended by adding
5-1 Subsection (e) to read as follows:
5-2 (e) The commission may request and, if necessary, compel by
5-3 subpoena the attendance of witnesses for examination under oath,
5-4 and the production, for inspection and copying, of books, accounts,
5-5 records, papers, correspondence, documents, and other evidence
5-6 relevant to the investigation of alleged violations of this Act.
5-7 SECTION 9. Section 10, The Property Taxation Professional
5-8 Certification Act (Article 8885, Revised Statutes), is amended by
5-9 adding Subsection (c) to read as follows:
5-10 (c) The board may request and, if necessary, compel by
5-11 subpoena the attendance of witnesses for examination under oath,
5-12 and the production, for inspection and copying, of books, accounts,
5-13 records, papers, correspondence, documents, and other evidence
5-14 relevant to the investigation of alleged violations of this Act.
5-15 SECTION 10. The Veterinary Licensing Act (Article 8890,
5-16 Revised Statutes) is amended by adding Section 13B to read as
5-17 follows:
5-18 Sec. 13B. SUBPOENA POWER. The board may request and, if
5-19 necessary, compel by subpoena the attendance of witnesses for
5-20 examination under oath, and the production, for inspection and
5-21 copying, of books, accounts, records, papers, correspondence,
5-22 documents, and other evidence relevant to the investigation of
5-23 alleged violations of this Act.
5-24 SECTION 11. This Act takes effect September 1, 1993.
5-25 SECTION 12. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.