H.B. No. 2644
    1-1                                AN ACT
    1-2  relating to the regulation of real estate appraisers; providing
    1-3  civil and criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3(14), 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              (14)  "State licensed real estate appraiser" means a
    1-9  person who is licensed under this Act.
   1-10        SECTION 2.  Section 5, Texas Appraiser Licensing and
   1-11  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   1-12  is amended to read as follows:
   1-13        Sec. 5.  Powers and duties of board.  The board may:
   1-14              (1)  adopt rules for the licensing and certification of
   1-15  real estate appraisers in this state in accordance with this Act
   1-16  and consistent with, but no more stringent than, applicable federal
   1-17  law;
   1-18              (2)  establish categories of appraiser certification
   1-19  and appraiser licensing, consistent with the categories of
   1-20  appraiser certification and appraiser licensing recognized by the
   1-21  Appraiser Qualifications Board, the Appraisal Standards Board, and
   1-22  the Appraisal Subcommittee, and prescribe qualifications for each
   1-23  category that are no more stringent than the qualifications
   1-24  required by the Appraiser Qualifications Board, the Appraisal
    2-1  Standards Board, and the Appraisal Subcommittee for each category;
    2-2              (3)  adopt rules relating to the education and
    2-3  experience requirements for certification and licensing as an
    2-4  appraiser in a manner that is consistent with, but no more
    2-5  stringent than, the threshold requirements adopted by the Appraiser
    2-6  Qualifications Board or the Appraisal Subcommittee;
    2-7              (4)  adopt rules relating to the qualifying examination
    2-8  required for certification or licensing as an appraiser under this
    2-9  Act;
   2-10              (5)  adopt rules establishing a code of professional
   2-11  conduct and ethics for a certified or licensed appraiser that meets
   2-12  the standards generally accepted by the Appraisal Subcommittee and
   2-13  prescribed by the Uniform Standards of Professional Appraisal
   2-14  Practice;
   2-15              (6)  establish reasonable fees to implement this Act,
   2-16  including an application fee for certification or licensing, an
   2-17  examination fee, a renewal fee for a certificate or license, a
   2-18  federal appraiser registry fee, and <any> other appropriate fees
   2-19  <fee required by law>;
   2-20              (7)  adopt rules relating to continuing education
   2-21  requirements for a licensed or certified appraiser;
   2-22              (8)  adopt rules relating to the standards for the
   2-23  development of a written appraisal by a certified or licensed
   2-24  appraiser that are consistent with the appraisal regulations
   2-25  adopted by a federal financial institution regulatory agency or the
   2-26  Uniform Standards of Professional Appraisal Practice; <and>
   2-27              (9)  grant or deny an application for the certification
    3-1  and licensing of a real estate appraiser;
    3-2              (10)  institute an action in its own name in a district
    3-3  court of Travis County against a person, firm, corporation,
    3-4  partnership, or any other group or combination of persons to enjoin
    3-5  a violation of this Act or a rule adopted by the board under this
    3-6  Act with the attorney general as legal advisor to the board to
    3-7  provide any necessary legal assistance;
    3-8              (11)  adopt rules as necessary to conform with the
    3-9  minimum written standards of the Appraisal Subcommittee; and
   3-10              (12)  conduct disciplinary proceedings with regard to
   3-11  appraisers in this state except in circumstances when an appraiser
   3-12  is required to be licensed or certified by another state agency to
   3-13  perform property appraisals.
   3-14        SECTION 3.  Sections 6(a), (b), (f), and (i), Texas Appraiser
   3-15  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   3-16  Civil Statutes), are amended to read as follows:
   3-17        (a)  The Texas Appraiser Licensing and Certification Board is
   3-18  created as an independent subdivision of the Texas Real Estate
   3-19  Commission.  The board is composed of eight members appointed by
   3-20  the governor with the advice and consent of the senate and the
   3-21  executive secretary of the Veterans' Land Board or that person's
   3-22  designee, who shall serve as a voting member of the board.
   3-23        (b)  An appointment to the board must be made without regard
   3-24  to race, color, religion, sex, disability <handicap>, familial
   3-25  status, national origin, or <the> membership in any appraisal
   3-26  organization of the appointee.
   3-27        (f)  The appointed members of the board shall hold office for
    4-1  terms of two years.  Two appraiser members and two public members
    4-2  shall serve terms that expire on January 31 of each odd-numbered
    4-3  year.  Two appraiser members and two public members shall serve
    4-4  terms that expire on January 31 of each even-numbered year.  An
    4-5  appointed member qualifies by taking the constitutional oath of
    4-6  office within 15 days after appointment.  At a regular meeting in
    4-7  February of each year, the members of the committee shall elect
    4-8  from among the membership a chair <chairman>, a vice-chair
    4-9  <vice-chairman>, and a secretary who together form the executive
   4-10  committee.  No appointed member may serve for more than three
   4-11  consecutive two-year terms.
   4-12        (i)  If the chair <chairman> of the board has knowledge that
   4-13  a potential ground for removal exists, the chair <chairman> shall
   4-14  immediately notify the governor.
   4-15        SECTION 4.  Section 7, Texas Appraiser Licensing and
   4-16  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   4-17  is amended to read as follows:
   4-18        Sec. 7.  Powers and duties of commissioner.  The commissioner
   4-19  shall:
   4-20              (1)  disseminate information and administer <enforce>
   4-21  rules adopted by the board under this Act;
   4-22              (2)  review an application for the certification or
   4-23  licensing of a real estate appraiser and make a recommendation for
   4-24  final action to the board;
   4-25              (3)  review and make recommendations to the board
   4-26  concerning the adoption of rules relating to:
   4-27                    (A)  the licensing and certification examination;
    5-1                    (B)  education and experience requirements for
    5-2  licensing and certification;
    5-3                    (C)  continuing education for a licensed or
    5-4  certified appraiser;
    5-5                    (D)  standards of professional practice and
    5-6  ethics for a certified or licensed appraiser;
    5-7                    (E)  standards for a real estate appraisal
    5-8  performed by a certified or licensed appraiser; and
    5-9                    (F)  the fees <fee> to be established by the
   5-10  board to be charged for the implementation of this Act;
   5-11              (4)  collect fees established by the board; and
   5-12              (5)  <conduct any reviews and make recommendations as
   5-13  the board may prescribe by rule regarding disciplinary actions for
   5-14  a licensed or certified appraiser and the enforcement of this Act;
   5-15  and>
   5-16              <(6)>  perform any other duty prescribed by the board
   5-17  under this Act.
   5-18        SECTION 5.  Section 9(e), Texas Appraiser Licensing and
   5-19  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   5-20  is amended to read as follows:
   5-21        (e)  An applicant for certification or licensing must furnish
   5-22  under oath, on an affidavit <a> form prescribed by the board, a
   5-23  statement that the applicant has the equivalent of 2,000 hours of
   5-24  experience in performing appraisals.  If a consumer complaint or
   5-25  peer complaint is brought against the applicant alleging fraud,
   5-26  incompetency, or malpractice and the board finds the complaint is
   5-27  reasonable or if the board determines other just cause exists for
    6-1  requiring further information, the board may obtain the additional
    6-2  information or documentation requested by:
    6-3              (1)  requiring the applicant to complete a form,
    6-4  prescribed by the board, that includes detailed listings of
    6-5  appraisal experience showing, for each appraisal claimed by the
    6-6  applicant, the city or county where the appraisal was performed,
    6-7  the type and description of the building or property appraised, the
    6-8  approaches to value utilized in the appraisal, the actual number of
    6-9  hours expended on the appraisal, and other information determined
   6-10  to be appropriate by the board; or
   6-11              (2)  engaging in other research determined to be
   6-12  appropriate by the board<, information on the applicant's real
   6-13  estate appraisal experience for each year that experience is
   6-14  claimed by the applicant.  The form must include a cumulative total
   6-15  of hours expended in each area of acceptable appraisal experience.
   6-16  If after investigation the board determines that a preponderance of
   6-17  evidence exists that fraud or misrepresentation occurred at the
   6-18  time of application, the board may request additional information
   6-19  on the appraisal experience.  That form must include information as
   6-20  to the city or county, the type and description of the building or
   6-21  property appraised, and the number of hours expended for each
   6-22  appraisal.  The board may not request further documentation of an
   6-23  applicant's experience unless a consumer complaint or peer
   6-24  complaint of fraud, incompetency, or malpractice is substantiated
   6-25  through a formal hearing process held under this Act or the board
   6-26  determines that other just cause exists for reviewing further
   6-27  documentation>.
    7-1        SECTION 6.  Sections 10(a), (b), and (e), Texas Appraiser
    7-2  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
    7-3  Civil Statutes), are amended to read as follows:
    7-4        (a)  The board shall prescribe an appraiser examination.  The
    7-5  examination must be written and must be approved by the Appraisal
    7-6  Foundation or its successor agency.  The examination must be
    7-7  consistent with, but no more stringent than, the Uniform State
    7-8  Certification/Licensing Examination guidelines endorsed by the
    7-9  Appraiser Qualifications Board.  The board may contract with a
   7-10  testing service to administer the examination.  The testing service
   7-11  may collect an examination fee from an applicant for certification
   7-12  or licensing.
   7-13        (b)  An application to take the examination must be on a form
   7-14  prescribed by the board <and be accompanied by an examination fee>.
   7-15        (e)  An applicant for licensing or certification must achieve
   7-16  the minimum score required or approved by the Appraiser
   7-17  Qualifications Board, whichever is less, to pass an examination.
   7-18  The board shall notify each person taking an examination whether
   7-19  the person has passed or failed the examination not later than:
   7-20              (1)  the 31st day after the examination date; or
   7-21              (2)  if the examination is graded or reviewed by a
   7-22  national testing service, the 31st day after the date on which the
   7-23  board <department> receives the results from the national testing
   7-24  service.
   7-25        SECTION 7.  Section 12, Texas Appraiser Licensing and
   7-26  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   7-27  is amended to read as follows:
    8-1        Sec. 12.  ENFORCEMENT PROCEEDINGS  <INVESTIGATION;
    8-2  SANCTIONS>.  (a)  Except as otherwise provided by this Act,
    8-3  proceedings under this Act shall be conducted in accordance with
    8-4  the Administrative Procedure and Texas Register Act (Article
    8-5  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
    8-6  amendments  <The commissioner may investigate the actions of a
    8-7  state certified or state licensed appraiser and may make
    8-8  recommendations to the board on an administrative sanction,
    8-9  including revocation of a license or certification, for the
   8-10  violation of this Act or a rule adopted under this Act>.
   8-11        (b)  A complaint that alleges that an appraiser licensed or
   8-12  certified under this Act has violated a rule of professional
   8-13  conduct adopted by the board shall be filed with the board.  The
   8-14  complaint process under this section may be initiated by any
   8-15  person, including a member of the board, by filing with the board a
   8-16  written complaint on an affidavit form prescribed by the board.
   8-17  The board may, on its own motion, file a formal complaint against
   8-18  an appraiser licensed or certified under this Act.
   8-19        (c)  On receipt of a complaint or on its own motion, the
   8-20  board shall review and investigate alleged acts or omissions that
   8-21  the board believes constitute cause for disciplinary action.  To
   8-22  determine if probable cause exists for a hearing on a complaint, an
   8-23  investigator designated by the chair of the board shall investigate
   8-24  the allegations contained in a complaint.  If the board determines
   8-25  that the complaint does not present facts that constitute a basis
   8-26  for disciplinary action, the board may not take further action.
   8-27        (d)  The chair of the board with the advice and consent of
    9-1  the executive committee may appoint a peer investigative committee
    9-2  consisting of three real estate appraisers certified or licensed
    9-3  under this Act.  The chair of the investigative committee must be
    9-4  an appraiser member of the board.  Each remaining member of the
    9-5  committee shall certify to the board that the member is familiar
    9-6  with the appraisal process in the appraisal to be reviewed.  The
    9-7  investigative committee shall review and determine the facts of the
    9-8  complaint and submit a written report to the board in a timely
    9-9  manner.
   9-10        (e)  For the purposes of an investigation of a complaint, the
   9-11  board may subpoena witnesses, books, papers, records, and other
   9-12  evidence to determine whether the board should institute a
   9-13  contested case proceeding.
   9-14        (f)  On completion of an investigation, a written report
   9-15  containing statements of fact, the recommendations of the
   9-16  investigator, and the position or defense of the investigated
   9-17  appraiser shall be submitted by the investigator for the board to
   9-18  determine what further action is necessary.  Based on the report,
   9-19  the board may:
   9-20              (1)  order that the matter be further investigated;
   9-21              (2)  permit the appraiser who is the subject of the
   9-22  complaint to appear before the board for an informal discussion as
   9-23  provided by Subsection (g) of this section regarding the alleged
   9-24  violation;
   9-25              (3)  determine that probable cause does not exist to
   9-26  believe that a violation occurred and dismiss the case; or
   9-27              (4)  determine that probable cause that a violation
   10-1  occurred exists and proceed with a contested case hearing as the
   10-2  complainant.
   10-3        (g)  The board may permit an appraiser under investigation an
   10-4  opportunity to appear before the board for a voluntary informal
   10-5  discussion of the facts and circumstances of an alleged violation
   10-6  on the board's motion or on request of the appraiser.  The informal
   10-7  discussion constitutes part of the board's investigation of the
   10-8  pending disciplinary case and the facts discussed at the informal
   10-9  discussion may be considered by the board if the case proceeds to a
  10-10  contested case hearing.  The board may seek a consent order as
  10-11  provided by Subsection (h) of this section at the time of the
  10-12  informal discussion.
  10-13        (h)  The board may negotiate a settlement and enter into a
  10-14  consent order with an appraiser who is under investigation.  An
  10-15  appraiser member of the board designated by the chair and the
  10-16  attorney general may agree to negotiate a settlement under this
  10-17  subsection.  A proposed consent order shall be presented to the
  10-18  board for approval and shall be binding if approved by the board
  10-19  and signed by the board chair and the appraiser.  A board member
  10-20  who participates in negotiation of a consent order is not
  10-21  disqualified from participating in adjudication of the contested
  10-22  case that results from the negotiations.  Consent to negotiation by
  10-23  the appraiser constitutes waiver of the right to notice and the
  10-24  opportunity to be heard under the Administrative Procedure and
  10-25  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  10-26  Statutes) and its subsequent amendments during the settlement
  10-27  negotiations.  A prosecuting attorney may discuss informal
   11-1  settlement with the board chair or a representative of the board.
   11-2  If the parties agree to a consent order, a statement of charges
   11-3  shall be filed with the consent order.
   11-4        (i)  The board, in its discretion and in lieu of prosecuting
   11-5  a first-time violator of the rules of professional conduct adopted
   11-6  by the board, may enter into a consent agreement as provided by
   11-7  this subsection.  An appraiser member of the board, designated by
   11-8  the chair, and the attorney general may agree to negotiate a
   11-9  consent agreement.  The proposed consent agreement shall be
  11-10  presented to the board for approval and shall be binding if
  11-11  approved by the board and signed by the board chair and the
  11-12  appraiser.  Failure by the appraiser to comply with the terms of
  11-13  the agreement constitutes grounds for prosecution.
  11-14        (j)  A certified or licensed appraiser who files a complaint
  11-15  against another certified or licensed appraiser that the board
  11-16  determines to be frivolous is liable for a civil penalty.  At the
  11-17  request of the board, the attorney general or a district or county
  11-18  attorney may institute a civil action in district court to collect
  11-19  a civil penalty under this subsection.  A civil penalty under this
  11-20  subsection may not be less than $500 or more than $10,000.  A civil
  11-21  penalty recovered in a suit instituted under this subsection shall
  11-22  be deposited in the state treasury to the credit of the general
  11-23  revenue fund.
  11-24        SECTION 8.  The Texas Appraiser Licensing and Certification
  11-25  Act (Article 6573a.2, Vernon's Texas Civil Statutes) is amended by
  11-26  adding Section 12A to read as follows:
  11-27        Sec. 12A.  CONTESTED CASE PROCEEDINGS.  (a)  The board shall
   12-1  provide notice to the parties of a contested case hearing stating
   12-2  the time and place of the hearing.  The notice must contain a
   12-3  statement requiring the appraiser to submit an answer as required
   12-4  by Subsection (b) of this section not later than the 20th day after
   12-5  the date of receipt of the notice.  The notice, together with a
   12-6  statement of charges, shall be personally delivered or mailed to
   12-7  the appraiser by certified mail, return receipt requested, not
   12-8  later than the 30th day before the hearing date.   The statement of
   12-9  charges shall be prepared by the prosecuting attorney and must
  12-10  state the acts or omissions with which the appraiser is charged,
  12-11  including the standards of professional practice or professional
  12-12  conduct rules alleged to have been violated.  The statement must be
  12-13  in sufficient detail to enable the preparation of the appraiser's
  12-14  defense.
  12-15        (b)  The answer filed by the appraiser must contain the
  12-16  following:
  12-17              (1)  the name, address, and telephone number of the
  12-18  appraiser;
  12-19              (2)  a specific statement regarding any or all
  12-20  allegations in the complaint in the form of admissions or denials
  12-21  and containing any explanations, remarks, or statement of
  12-22  mitigating circumstances the appraiser determines to be relevant;
  12-23  and
  12-24              (3)  any additional facts or information the appraiser
  12-25  determines to be relevant to the investigation and that may assist
  12-26  in the determination of the case.
  12-27        (c)  A statement of charges and notice of hearing prepared by
   13-1  the board shall be reviewed and approved by the attorney general.
   13-2  The attorney general shall provide legal representation for the
   13-3  public interest in all proceedings before the board.  An assistant
   13-4  attorney general assigned to prosecute a contested case before the
   13-5  board may not represent the board in that case but shall represent
   13-6  the public interest.
   13-7        (d)  A contested case hearing may be conducted before a
   13-8  majority of the board members and shall be open to the public.  The
   13-9  board may provide for an administrative law judge to act as
  13-10  presiding officer to conduct the hearing for the board.  The
  13-11  designated presiding officer shall be in control of the proceedings
  13-12  and may administer oaths, admit or exclude testimony or other
  13-13  evidence, and rule on all motions and objections.  The presiding
  13-14  officer or other board members may conduct direct examination of
  13-15  the witnesses at any stage of the witness's testimony.  Contested
  13-16  proceedings shall be recorded either by mechanical or electrical
  13-17  means or by a certified shorthand reporter.  The proceedings or
  13-18  part of the proceedings shall be transcribed at the request of any
  13-19  party, with the expense of the transcription charged to the
  13-20  requesting party.  The recording, stenographic notes, or
  13-21  transcription of oral proceedings shall be filed with and
  13-22  maintained by the board for not less than five years from the date
  13-23  of the decision in the proceedings.
  13-24        (e)  A subpoena for books, papers, records, witnesses, or
  13-25  other evidence shall be issued to a party on request.  The
  13-26  commissioner of the board shall issue subpoenas for both parties on
  13-27  reasonable cause shown.  A request may be verbal or written and
   14-1  must specify the documents sought and the full names and addresses
   14-2  of the witnesses sought.  Discovery procedures applicable to a
   14-3  civil action are available to the parties in a proceeding under
   14-4  this Act.  A party or the board may petition the district court for
   14-5  its enforcement of a subpoena.  If a proper showing is made, the
   14-6  district court shall order the person to obey the subpoena.
   14-7        (f)  The board and presiding officer may conduct a hearing or
   14-8  enter an order or judgment as the board determines appropriate for
   14-9  an appraiser who received proper notice of the hearing but who
  14-10  fails to appear in person at the hearing.  The appraiser shall be
  14-11  bound by the results of the hearing to the same extent as if the
  14-12  appraiser had appeared.
  14-13        (g)  Before testimony may be presented in a contested case
  14-14  hearing, the record must show the identities of the board members
  14-15  present, of the presiding officer, and of the parties and their
  14-16  representatives and must reflect that all testimony is being
  14-17  recorded.  The appraiser who is the subject of the proceeding may
  14-18  challenge any member of the board for cause before the commencement
  14-19  of the hearing.  The members of the board, with the challenged
  14-20  member abstaining, shall decide by a majority vote whether cause
  14-21  exists for the challenge and whether the challenged member may
  14-22  participate in the hearing.  The board shall set dates, times, and
  14-23  rules for hearings and shall rule on all issues.  Hearings shall be
  14-24  conducted in the following order, subject to modification at the
  14-25  discretion of the board:
  14-26              (1)  the presiding officer shall read a summary of the
  14-27  charges and answers to the charges and other responsive pleadings
   15-1  filed by the appraiser before the hearing;
   15-2              (2)  the assistant attorney general representing the
   15-3  public interest before the board shall make a brief opening
   15-4  statement, including a summary of charges and the witnesses and
   15-5  documents to support the charges;
   15-6              (3)  the appraiser may make an opening statement,
   15-7  including the names of any witnesses the appraiser may call;
   15-8              (4)  evidence shall be presented for the state,
   15-9  including a summary made at the close of the evidence on behalf of
  15-10  the state;
  15-11              (5)  evidence shall be presented for the appraiser;
  15-12              (6)  rebuttal evidence may be presented for the state;
  15-13              (7)  rebuttal evidence may be presented for the
  15-14  appraiser; and
  15-15              (8)  closing arguments are made first for the state,
  15-16  then for the appraiser, and finally for the state on rebuttal.
  15-17        (h)  The presiding officer may grant immunity from
  15-18  disciplinary action before the board to a witness only on the
  15-19  unanimous vote of all members of the board hearing the case.  The
  15-20  official record of the hearing must include the reasons for
  15-21  granting the immunity.
  15-22        (i)  Copies of documents offered as evidence at the hearing
  15-23  shall be provided to opposing parties.  Copies shall also be
  15-24  provided to members of the board.  To the extent the appraiser
  15-25  believes the appraiser is being asked to reply to accusations,
  15-26  charges, innuendos, or facts for the first time in the hearing, the
  15-27  appraiser may respond to the evidence to the board either in
   16-1  writing or at a subsequent scheduled meeting of the board.
   16-2  However, the assistant attorney general assigned to prosecute the
   16-3  case before the board shall be allowed to continue to present
   16-4  evidence during the hearing.
   16-5        (j)  By a majority vote of the members hearing the contested
   16-6  matter, the board shall make findings of fact and conclusions of
   16-7  law and may take one or more of the following actions:
   16-8              (1)  dismissal of the charges, including an order that
   16-9  the file in the case is confidential;
  16-10              (2)  suspension or revocation of the appraiser's
  16-11  license or certification;
  16-12              (3)  imposition of a period of probation with or
  16-13  without conditions;
  16-14              (4)  a requirement that the appraiser submit to
  16-15  reexamination for licensing or certification as an appraiser;
  16-16              (5)  a requirement that the appraiser participate in
  16-17  additional professional education or continuing education;
  16-18              (6)  issuance of a public or private reprimand or a
  16-19  warning;
  16-20              (7)  issuance of a consent order; or
  16-21              (8)  imposition of an administrative penalty, the
  16-22  amount of which shall be set at the discretion of the board at an
  16-23  amount that may not exceed $1,000 for each violation or $5,000 for
  16-24  multiple violations in one hearing, to be paid not later than the
  16-25  20th day after the date of final disposition of the case.
  16-26        (k)  Not later than the 20th day after the date of issuance
  16-27  of a final decision, a party may file an application with the board
   17-1  for a rehearing stating the specific grounds for rehearing and the
   17-2  relief sought.  The application shall be denied if it is not
   17-3  granted before the 20th day after the date of service on the
   17-4  commissioner of the board.  The decision made on the conclusion of
   17-5  the original proceeding may not be reversed or modified for
   17-6  procedural, evidentiary, or other error that did not cause
   17-7  substantial injustice to the parties.  The decision made on a
   17-8  rehearing may incorporate by reference any and all parts of the
   17-9  decision made at the conclusion of the original proceeding.  On
  17-10  rehearing, the board shall consider facts not presented in the
  17-11  original proceeding if:
  17-12              (1)  the facts arose after the original proceeding was
  17-13  concluded;
  17-14              (2)  the party offering the evidence could not
  17-15  reasonably have provided the evidence at the original proceedings;
  17-16  or
  17-17              (3)  the party offering the additional evidence was
  17-18  misled by any party as to the necessity for offering the evidence
  17-19  at the original proceeding.
  17-20        (l)  The final decision of the board shall be filed with the
  17-21  commissioner.   A copy of the decision and order shall immediately
  17-22  be sent by certified mail, return receipt requested, to the
  17-23  appraiser's last known address or may be served as in the manner of
  17-24  an original notice on the appraiser.
  17-25        (m)  A person whose certificate or license has been revoked
  17-26  or suspended by the board may apply to the board for reinstatement
  17-27  in accordance with the terms of the order of revocation or
   18-1  suspension.  If the order of revocation or suspension does not
   18-2  establish terms on which reinstatement may occur, an initial
   18-3  application for reinstatement may not be made until the first
   18-4  anniversary of the date the order became effective and successive
   18-5  applications may not be made more often than once every two years.
   18-6        (n)  Final decisions of the board relating to disciplinary
   18-7  actions, including consent agreements and consent orders, may be
   18-8  transmitted to other states and made available to the public.
   18-9        (o)  A member of the board is entitled to quasi-judicial
  18-10  immunity from suit for actions as a member of the board, provided
  18-11  the actions are in compliance with the law.
  18-12        SECTION 9.  Section 13(a), Texas Appraiser Licensing and
  18-13  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  18-14  is amended to read as follows:
  18-15        (a)  The board shall maintain a roster of individuals who
  18-16  have received a state certification or a state license under this
  18-17  Act. The roster must indicate the type of <whether any> license or
  18-18  certification for each individual listed <is a transitional license
  18-19  or certification or a temporary certification>.
  18-20        SECTION 10.  Section 14(b), Texas Appraiser Licensing and
  18-21  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  18-22  is amended to read as follows:
  18-23        (b)  A license or certification may be renewed on payment of
  18-24  a renewal fee prescribed by the board and on furnishing evidence
  18-25  satisfactory to the board and the Appraiser Qualifications Board
  18-26  that the holder of the license or certification has completed any
  18-27  continuing education requirements imposed by rule under this Act,
   19-1  met the experience requirements of this Act, and complied with any
   19-2  minimum or maximum requirements of the Appraiser Qualifications
   19-3  Board.  The board shall accept as continuing education any
   19-4  continuing education a licensed or certified appraiser was awarded
   19-5  by a national appraiser organization approved by the board as a
   19-6  provider of qualifying appraisal education.
   19-7        SECTION 11.  Section 15, Texas Appraiser Licensing and
   19-8  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   19-9  is amended by adding Subsections (d)-(j) to read as follows:
  19-10        (d)  If the board determines that another state has
  19-11  substantially equivalent certification or licensure requirements to
  19-12  those of this state, an applicant who is certified or licensed
  19-13  under the laws of that state may obtain certification as a state
  19-14  certified real estate appraiser or licensure as a state licensed
  19-15  real estate appraiser in this state under terms and conditions
  19-16  determined by the board.  The terms and conditions must comply with
  19-17  the minimum criteria for certification or licensure issued by the
  19-18  Appraiser Qualifications Board of the Appraisal Foundation.  The
  19-19  fee charged to an appraiser from another state and the form
  19-20  submitted by the appraiser for reciprocity must be comparable to
  19-21  the fee and form required by the state where the appraiser is
  19-22  certified or licensed.
  19-23        (e)  An applicant for certification or licensure under this
  19-24  Act who is not a resident of this state shall submit with the
  19-25  application for certification or licensure an irrevocable consent
  19-26  that service of process in an action against the applicant arising
  19-27  out of the applicant's activities as a state certified real estate
   20-1  appraiser or state licensed real estate appraiser in this state may
   20-2  be made by delivery of the process to the commissioner of the
   20-3  board, if the plaintiff in the action cannot, in the exercise of
   20-4  due diligence, effect personal service on the applicant.  If
   20-5  process is served as provided by this subsection, the commissioner
   20-6  shall immediately mail a copy of the materials served on the
   20-7  commissioner by ordinary mail to the state certified real estate
   20-8  appraiser or state licensed real estate appraiser at both the
   20-9  appraiser's principal place of business and residence address.
  20-10        (f)  An application may not be accepted for an applicant from
  20-11  a state that refuses to offer reciprocal treatment to residents of
  20-12  this state who are certified or licensed real estate appraisers.
  20-13        (g)  The board shall seek verification from an applicant's
  20-14  home state that the applicant's certification or license is valid
  20-15  and in good standing.  A reciprocal certificate or license may not
  20-16  be issued without the verification required by this subsection.
  20-17        (h)  The holder of a certificate or license by reciprocity
  20-18  must pay the federal registry fee and other fees that the board may
  20-19  impose.
  20-20        (i)  A reciprocal certificate or license expires on the same
  20-21  date that the certificate or license held by the applicant in the
  20-22  applicant's home state expires or on the first anniversary of the
  20-23  date the reciprocal certificate or license was issued, whichever
  20-24  date occurs first.
  20-25        (j)  A reciprocal certificate or license is renewable under
  20-26  terms and conditions determined by the board.
  20-27        SECTION 12.  Section 17, Texas Appraiser Licensing and
   21-1  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   21-2  is amended to read as follows:
   21-3        Sec. 17.  Appraiser trainees.  (a)  The board may authorize a
   21-4  person certified <or licensed> under this Act to sponsor an
   21-5  appraiser trainee.  An appraiser trainee may have more than one
   21-6  sponsor.  Each <The> certified <or licensed> appraiser and the
   21-7  prospective appraiser trainee shall apply to the board for approval
   21-8  of the appraiser trainee on a form prescribed by the board.  The
   21-9  board may set reasonable application and annual renewal fees for an
  21-10  appraiser trainee.  A prospective trainee must:
  21-11              (1)  be a citizen of the United States or a lawfully
  21-12  admitted alien;
  21-13              (2)  be at least 18 years of age;
  21-14              (3)  be a legal resident of this state for at least 60
  21-15  days immediately before the filing of the application; and
  21-16              (4)  satisfy the board as to the prospective trainee's
  21-17  honesty, trustworthiness, and integrity.
  21-18        (b)  An appraiser trainee approved by the board may perform
  21-19  an appraisal under the direction of one or more sponsors <the
  21-20  trainee's sponsor>, one of whom <who> shall sign the appraiser
  21-21  trainee's reports.  A sponsor who signs a report shall <and> be
  21-22  responsible to the public and to the board for the conduct of the
  21-23  appraiser trainee.  An appraiser trainee may co-sign a report under
  21-24  this subsection.  The board may reprimand an appraiser trainee or
  21-25  suspend or revoke an appraiser trainee's authority to act as an
  21-26  appraiser trainee for a violation of this Act or a rule adopted
  21-27  under this section.  A disciplinary proceeding involving an
   22-1  appraiser trainee is governed by the Administrative Procedure and
   22-2  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   22-3  Statutes).
   22-4        SECTION 13.  Section 18, Texas Appraiser Licensing and
   22-5  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   22-6  is amended to read as follows:
   22-7        Sec. 18.  Broker's or salesman's license not required;
   22-8  exemptions.  (a)  A person certified or licensed under this Act or
   22-9  approved as an appraiser trainee under this Act <section> is not
  22-10  required to be licensed as a real estate broker or salesman under
  22-11  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
  22-12  Statutes), and its subsequent amendments, <this Act> to appraise
  22-13  real property in this state.  A person certified or licensed as an
  22-14  appraiser by another state is not required to be licensed as a real
  22-15  estate broker or salesman <under this Act> to appraise real
  22-16  property in this state <in connection with a federally related
  22-17  transaction for which a federal financial institution's regulatory
  22-18  agency or the Resolution Trust Corporation or its successor has
  22-19  required the use of a state certified or licensed appraiser>.
  22-20        (b)  This Act does not prohibit:
  22-21              (1)  a real estate broker or salesman licensed under
  22-22  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
  22-23  Statutes) but not licensed or certified under this Act from
  22-24  performing an appraisal in a nonfederally related transaction; <or>
  22-25              (2)  the requirement of a real estate broker's or
  22-26  salesman's license for an appraisal in nonfederally related
  22-27  transactions by a person not licensed or certified under this Act;
   23-1  or
   23-2              (3)  a real estate broker or salesman licensed under
   23-3  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
   23-4  Statutes) and its subsequent amendments from giving an opinion in
   23-5  the ordinary course of the broker's or salesman's business to a
   23-6  potential seller or third party as to the recommended listing price
   23-7  of real estate or to a potential purchaser or third party as to the
   23-8  recommended purchase price of real estate if the opinion given
   23-9  under this subdivision is not referred to as an appraisal.
  23-10        SECTION 14.  Section 21, Texas Appraiser Licensing and
  23-11  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  23-12  is amended to read as follows:
  23-13        Sec. 21.  OFFENSES.  (a)  A person commits an offense if the
  23-14  person knowingly or intentionally violates Section 4(c) of this Act
  23-15  or knowingly or intentionally furnishes false information in
  23-16  connection with an affidavit filed under Section 9(e) of this Act.
  23-17        (b)  An offense under this section is a Class B <C>
  23-18  misdemeanor.
  23-19        SECTION 15.  This Act takes effect September 1, 1993.
  23-20        SECTION 16.  (a)  A member of the Texas Appraiser Licensing
  23-21  and Certification Board immediately before the effective date of
  23-22  this Act continues to serve as a member of the board on or after
  23-23  the effective date of this Act for the remainder of the member's
  23-24  term.  The governor shall make appointments to the board on or
  23-25  after the effective date of this Act as terms of members of the
  23-26  board expire and vacancies occur on the board, as follows:
  23-27              (1)  the first and third appraiser member appointment
   24-1  and the first and third public member appointment made on or after
   24-2  the effective date of this Act shall be for terms that expire on
   24-3  January 31 of the odd-numbered year following the appointment; and
   24-4              (2)  the second and fourth appraiser member appointment
   24-5  and the second and fourth public member appointment made on or
   24-6  after the effective date of this Act shall be for terms that expire
   24-7  on January 31 of the even-numbered year following the appointment.
   24-8        (b)  The change in law made by this Act to the application
   24-9  requirements for licensing or certification as a real estate
  24-10  appraiser applies only to a license or certificate issued on or
  24-11  after the effective date of this Act.
  24-12        (c)  The change in law made by this Act to the enforcement
  24-13  procedures and contested case procedures under Sections 12 and 12A,
  24-14  Texas Appraiser Licensing and Certification Act (Article 6573a.2,
  24-15  Vernon's Texas Civil Statutes), as amended and as added by this
  24-16  Act, applies only to a proceeding initiated on or after the
  24-17  effective date of this Act.  A proceeding initiated before the
  24-18  effective date of this Act is governed by the law in effect on the
  24-19  date the proceeding was initiated, and the former law is continued
  24-20  in effect for that purpose.
  24-21        SECTION 17.  The importance of this legislation and the
  24-22  crowded condition of the calendars in both houses create an
  24-23  emergency and an imperative public necessity that the
  24-24  constitutional rule requiring bills to be read on three several
  24-25  days in each house be suspended, and this rule is hereby suspended.