By:  Counts                                           H.B. No. 2644
       73R5929 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of real estate appraisers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3(14), Texas Appraiser Licensing and
    1-5  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    1-6  is amended to read as follows:
    1-7              (14)  "State licensed real estate appraiser" means a
    1-8  person who is licensed under this Act.
    1-9        SECTION 2.  Section 5, Texas Appraiser Licensing and
   1-10  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   1-11  is amended to read as follows:
   1-12        Sec. 5.  Powers and duties of board.  The board may:
   1-13              (1)  adopt rules for the licensing and certification of
   1-14  real estate appraisers in this state in accordance with this Act
   1-15  and consistent with, but no more stringent than, applicable federal
   1-16  law;
   1-17              (2)  establish categories of appraiser certification
   1-18  and appraiser licensing, consistent with the categories of
   1-19  appraiser certification and appraiser licensing recognized by the
   1-20  Appraiser Qualifications Board, the Appraisal Standards Board, and
   1-21  the Appraisal Subcommittee, and prescribe qualifications for each
   1-22  category that are no more stringent than the qualifications
   1-23  required by the Appraiser Qualifications Board, the Appraisal
   1-24  Standards Board, and the Appraisal Subcommittee for each category;
    2-1              (3)  adopt rules relating to the education and
    2-2  experience requirements for certification and licensing as an
    2-3  appraiser in a manner that is consistent with, but no more
    2-4  stringent than, the threshold requirements adopted by the Appraiser
    2-5  Qualifications Board or the Appraisal Subcommittee;
    2-6              (4)  adopt rules relating to the qualifying examination
    2-7  required for certification or licensing as an appraiser under this
    2-8  Act;
    2-9              (5)  adopt rules establishing a code of professional
   2-10  conduct and ethics for a certified or licensed appraiser that meets
   2-11  the standards generally accepted by the Appraisal Subcommittee and
   2-12  prescribed by the Uniform Standards of Professional Appraisal
   2-13  Practice;
   2-14              (6)  establish reasonable fees to implement this Act,
   2-15  including an application fee for certification or licensing, an
   2-16  examination fee, a renewal fee for a certificate or license, a
   2-17  federal appraiser registry fee, and <any> other appropriate fees
   2-18  <fee required by law>;
   2-19              (7)  adopt rules relating to continuing education
   2-20  requirements for a licensed or certified appraiser;
   2-21              (8)  adopt rules relating to the standards for the
   2-22  development of a written appraisal by a certified or licensed
   2-23  appraiser that are consistent with the appraisal regulations
   2-24  adopted by a federal financial institution regulatory agency or the
   2-25  Uniform Standards of Professional Appraisal Practice; <and>
   2-26              (9)  grant or deny an application for the certification
   2-27  and licensing of a real estate appraiser; and
    3-1              (10)  institute an action in its own name in a district
    3-2  court of Travis County against a person, firm, corporation,
    3-3  partnership, or any other group or combination of persons to enjoin
    3-4  a violation of this Act or a rule adopted by the board under this
    3-5  Act with the attorney general as legal advisor to the board to
    3-6  provide any necessary legal assistance.
    3-7        SECTION 3.  Sections 6(a), (b), (f), and (i), Texas Appraiser
    3-8  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
    3-9  Civil Statutes), are amended to read as follows:
   3-10        (a)  The Texas Appraiser Licensing and Certification Board is
   3-11  created as an independent subdivision of the Texas Real Estate
   3-12  Commission.  The board is composed of eight members appointed by
   3-13  the governor with the advice and consent of the senate and the
   3-14  executive secretary of the Veterans' Land Board or that person's
   3-15  designee, who shall serve as a voting member of the board.
   3-16        (b)  An appointment to the board must be made without regard
   3-17  to race, color, religion, sex, disability <handicap>, familial
   3-18  status, national origin, or <the> membership in any appraisal
   3-19  organization of the appointee.
   3-20        (f)  The appointed members of the board shall hold office for
   3-21  terms of two years.  Two appraiser members and two public members
   3-22  shall serve terms that expire on January 31 of each odd-numbered
   3-23  year.  Two appraiser members and two public members shall serve
   3-24  terms that expire on January 31 of each even-numbered year.  An
   3-25  appointed member qualifies by taking the constitutional oath of
   3-26  office within 15 days after appointment.  At a regular meeting in
   3-27  February of each year, the members of the committee shall elect
    4-1  from among the membership a chair <chairman>, a vice-chair
    4-2  <vice-chairman>, and a secretary.  No appointed member may serve
    4-3  for more than three consecutive two-year terms.
    4-4        (i)  If the chair <chairman> of the board has knowledge that
    4-5  a potential ground for removal exists, the chair <chairman> shall
    4-6  immediately notify the governor.
    4-7        SECTION 4.  Section 7, Texas Appraiser Licensing and
    4-8  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    4-9  is amended to read as follows:
   4-10        Sec. 7.  Powers and duties of commissioner.  The commissioner
   4-11  shall:
   4-12              (1)  disseminate information and administer <enforce>
   4-13  rules adopted by the board under this Act;
   4-14              (2)  review an application for the certification or
   4-15  licensing of a real estate appraiser and make a recommendation for
   4-16  final action to the board;
   4-17              (3)  review and make recommendations to the board
   4-18  concerning the adoption of rules relating to:
   4-19                    (A)  the licensing and certification examination;
   4-20                    (B)  education and experience requirements for
   4-21  licensing and certification;
   4-22                    (C)  continuing education for a licensed or
   4-23  certified appraiser;
   4-24                    (D)  standards of professional practice and
   4-25  ethics for a certified or licensed appraiser;
   4-26                    (E)  standards for a real estate appraisal
   4-27  performed by a certified or licensed appraiser; and
    5-1                    (F)  the fees <fee> to be established by the
    5-2  board to be charged for the implementation of this Act;
    5-3              (4)  collect fees established by the board; and
    5-4              (5)  <conduct any reviews and make recommendations as
    5-5  the board may prescribe by rule regarding disciplinary actions for
    5-6  a licensed or certified appraiser and the enforcement of this Act;
    5-7  and>
    5-8              <(6)>  perform any other duty prescribed by the board
    5-9  under this Act.
   5-10        SECTION 5.  Section 9(e), Texas Appraiser Licensing and
   5-11  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   5-12  is amended to read as follows:
   5-13        (e)  An applicant for certification or licensing must furnish
   5-14  under oath, on an affidavit <a> form prescribed by the board a
   5-15  statement that the applicant has the equivalent of 2,000 hours of
   5-16  experience in performing appraisals.  The board shall request and
   5-17  review further documentation of an applicant's experience if the
   5-18  board determines that a preponderance of evidence exists that fraud
   5-19  or misrepresentation occurred at the time of the applicant's
   5-20  application for licensing or certification or if a consumer
   5-21  complaint or peer complaint is brought against the applicant
   5-22  alleging fraud, incompetency, or malpractice or if the board
   5-23  determines other just cause exists for requiring further
   5-24  information.  The board may obtain the additional information or
   5-25  documentation requested by:
   5-26              (1)  requiring the applicant to complete a form,
   5-27  prescribed by the board, that includes detailed listings of
    6-1  appraisal experience showing, for each appraisal claimed by the
    6-2  applicant, the city or county where the appraisal was performed,
    6-3  the type and description of the building or property appraised, the
    6-4  approaches to value utilized in the appraisal, the actual number of
    6-5  hours expended on the appraisal, and other information determined
    6-6  to be appropriate by the board; or
    6-7              (2)  engaging in other research determined to be
    6-8  appropriate by the board<, information on the applicant's real
    6-9  estate appraisal experience for each year that experience is
   6-10  claimed by the applicant.  The form must include a cumulative total
   6-11  of hours expended in each area of acceptable appraisal experience.
   6-12  If after investigation the board determines that a preponderance of
   6-13  evidence exists that fraud or misrepresentation occurred at the
   6-14  time of application, the board may request additional information
   6-15  on the appraisal experience.  That form must include information as
   6-16  to the city or county, the type and description of the building or
   6-17  property appraised, and the number of hours expended for each
   6-18  appraisal.  The board may not request further documentation of an
   6-19  applicant's experience unless a consumer complaint or peer
   6-20  complaint of fraud, incompetency, or malpractice is substantiated
   6-21  through a formal hearing process held under this Act or the board
   6-22  determines that other just cause exists for reviewing further
   6-23  documentation>.
   6-24        SECTION 6.  Sections 10(a), (b), and (e), Texas Appraiser
   6-25  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   6-26  Civil Statutes), are amended to read as follows:
   6-27        (a)  The board shall prescribe an appraiser examination.  The
    7-1  examination must be written and must be approved by the Appraisal
    7-2  Foundation or its successor agency.  The examination must be
    7-3  consistent with, but no more stringent than, the Uniform State
    7-4  Certification/Licensing Examination guidelines endorsed by the
    7-5  Appraiser Qualifications Board.  The board may contract with a
    7-6  testing service to administer the examination.  The testing service
    7-7  may collect an examination fee from an applicant for certification
    7-8  or licensing.
    7-9        (b)  An application to take the examination must be on a form
   7-10  prescribed by the board <and be accompanied by an examination fee>.
   7-11        (e)  An applicant for licensing or certification must achieve
   7-12  the minimum score required or approved by the Appraiser
   7-13  Qualifications Board, whichever is less, to pass an examination.
   7-14  The board shall notify each person taking an examination whether
   7-15  the person has passed or failed the examination not later than:
   7-16              (1)  the 31st day after the examination date; or
   7-17              (2)  if the examination is graded or reviewed by a
   7-18  national testing service, the 31st day after the date on which the
   7-19  board <department> receives the results from the national testing
   7-20  service.
   7-21        SECTION 7.  Section 12, Texas Appraiser Licensing and
   7-22  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   7-23  is amended to read as follows:
   7-24        Sec. 12.  ENFORCEMENT PROCEEDINGS  <INVESTIGATION;
   7-25  SANCTIONS>.  (a)  Except as otherwise provided by this Act,
   7-26  proceedings under this Act shall be conducted in accordance with
   7-27  the Administrative Procedure and Texas Register Act (Article
    8-1  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
    8-2  amendments  <The commissioner may investigate the actions of a
    8-3  state certified or state licensed appraiser and may make
    8-4  recommendations to the board on an administrative sanction,
    8-5  including revocation of a license or certification, for the
    8-6  violation of this Act or a rule adopted under this Act>.
    8-7        (b)  A complaint that alleges that an appraiser licensed or
    8-8  certified under this Act has violated a rule of professional
    8-9  conduct adopted by the board shall be filed with the board.  The
   8-10  complaint process under this section may be initiated by any
   8-11  person, including a member of the board, by filing with the board a
   8-12  written complaint on an affidavit form prescribed by the board.
   8-13  The board may, on its own motion, file a formal complaint against
   8-14  an appraiser licensed or certified under this Act.
   8-15        (c)  On receipt of a complaint or on its own motion, the
   8-16  board shall review and investigate alleged acts or omissions that
   8-17  the board believes constitute cause for disciplinary action.  To
   8-18  determine if probable cause exists for a hearing on a complaint, an
   8-19  investigator designated by the chair of the board shall investigate
   8-20  the allegations contained in a complaint.  If the board determines
   8-21  that the complaint does not present facts that constitute a basis
   8-22  for disciplinary action, the board may not take further action.
   8-23        (d)  The chair of the board may appoint a peer investigative
   8-24  committee consisting of three real estate appraisers certified or
   8-25  licensed under this Act.  Each member of the committee shall
   8-26  certify to the board that the member is familiar with the appraisal
   8-27  process in the appraisal to be reviewed.  The chair of the
    9-1  investigative committee must be an appraiser member of the board.
    9-2  The investigative committee shall review and determine the facts of
    9-3  the complaint and submit a written report to the board in a timely
    9-4  manner.
    9-5        (e)  For the purposes of an investigation of a complaint, the
    9-6  board may subpoena witnesses, books, papers, records, and other
    9-7  evidence to determine whether the board should institute a
    9-8  contested case proceeding.
    9-9        (f)  On completion of an investigation, a written report
   9-10  containing statements of fact, the recommendations of the
   9-11  investigator, and the position or defense of the investigated
   9-12  appraiser shall be submitted by the investigator for the board to
   9-13  determine what further action is necessary.  Based on the report,
   9-14  the board may:
   9-15              (1)  order that the matter be further investigated;
   9-16              (2)  permit the appraiser who is the subject of the
   9-17  complaint to appear before the board for an informal discussion as
   9-18  provided by Subsection (g) of this section regarding the alleged
   9-19  violation;
   9-20              (3)  determine that probable cause does not exist to
   9-21  believe that a violation occurred and dismiss the case; or
   9-22              (4)  determine that probable cause that a violation
   9-23  occurred exists and proceed with a contested case hearing as the
   9-24  complainant.
   9-25        (g)  The board may permit an appraiser under investigation an
   9-26  opportunity to appear before the board for a voluntary informal
   9-27  discussion of the facts and circumstances of an alleged violation
   10-1  on the board's motion or on request of the appraiser.  The informal
   10-2  discussion constitutes part of the board's investigation of the
   10-3  pending disciplinary case and the facts discussed at the informal
   10-4  discussion may be considered by the board if the case proceeds to a
   10-5  contested case hearing.  The board may seek a consent order as
   10-6  provided by Subsection (h) of this section at the time of the
   10-7  informal discussion.
   10-8        (h)  The board may negotiate a settlement and enter into a
   10-9  consent order with an appraiser who is under investigation.  An
  10-10  appraiser member of the board designated by the chair and the
  10-11  attorney general may agree to negotiate a settlement under this
  10-12  subsection.  A proposed consent order shall be presented to the
  10-13  board for approval and shall be binding if approved by the board
  10-14  and signed by the board chair and the appraiser.  A board member
  10-15  who participates in negotiation of a consent order is not
  10-16  disqualified from participating in adjudication of the contested
  10-17  case that results from the negotiations.  Consent to negotiation by
  10-18  the appraiser constitutes waiver of the right to notice and the
  10-19  opportunity to be heard under the Administrative Procedure and
  10-20  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  10-21  Statutes) and its subsequent amendments during the settlement
  10-22  negotiations.  A prosecuting attorney may discuss informal
  10-23  settlement with the board chair or a representative of the board.
  10-24  If the parties agree to a consent order, a statement of charges
  10-25  shall be filed with the consent order.
  10-26        (i)  The board, in its discretion and in lieu of prosecuting
  10-27  a first-time violator of the rules of professional conduct adopted
   11-1  by the board, may enter into a consent agreement as provided by
   11-2  this subsection.  An appraiser member of the board, designated by
   11-3  the chair, and the attorney general may agree to negotiate a
   11-4  consent agreement.  The proposed consent agreement shall be
   11-5  presented to the board for approval and shall be binding if
   11-6  approved by the board and signed by the board chair and the
   11-7  appraiser.  Failure by the appraiser to comply with the terms of
   11-8  the agreement constitutes grounds for prosecution.
   11-9        SECTION 8.  The Texas Appraiser Licensing and Certification
  11-10  Act (Article 6573a.2, Vernon's Texas Civil Statutes) is amended by
  11-11  adding Section 12A to read as follows:
  11-12        Sec. 12A.  CONTESTED CASE PROCEEDINGS.  (a)  The board shall
  11-13  provide notice to the parties of a contested case hearing stating
  11-14  the time and place of the hearing.  The notice must contain a
  11-15  statement requiring the appraiser to submit an answer as required
  11-16  by Subsection (b) of this section not later than the 20th day after
  11-17  the date of receipt of the notice.  The notice, together with a
  11-18  statement of charges, shall be personally delivered or mailed to
  11-19  the appraiser by certified mail, return receipt requested, not
  11-20  later than the 30th day before the hearing date.   The statement of
  11-21  charges shall be prepared by the prosecuting attorney and must
  11-22  state the acts or omissions with which the appraiser is charged,
  11-23  including the standards of professional practice or professional
  11-24  conduct rules alleged to have been violated.  The statement must be
  11-25  in sufficient detail to enable the preparation of the appraiser's
  11-26  defense.
  11-27        (b)  The answer filed by the appraiser must contain the
   12-1  following:
   12-2              (1)  the name, address, and telephone number of the
   12-3  appraiser;
   12-4              (2)  a specific statement regarding any or all
   12-5  allegations in the complaint in the form of admissions or denials
   12-6  and containing any explanations, remarks, or statement of
   12-7  mitigating circumstances the appraiser determines to be relevant;
   12-8  and
   12-9              (3)  any additional facts or information the appraiser
  12-10  determines to be relevant to the investigation and that may assist
  12-11  in the determination of the case.
  12-12        (c)  A statement of charges and notice of hearing prepared by
  12-13  the board shall be reviewed and approved by the attorney general.
  12-14  The attorney general shall provide legal representation for the
  12-15  public interest in all proceedings before the board.  An assistant
  12-16  attorney general assigned to prosecute a contested case before the
  12-17  board may not represent the board in that case but shall represent
  12-18  the public interest.
  12-19        (d)  A contested case hearing may be conducted before a
  12-20  majority of the board members and shall be open to the public.  The
  12-21  board may provide for an administrative law judge to act as
  12-22  presiding officer to conduct the hearing for the board.  The
  12-23  designated presiding officer shall be in control of the proceedings
  12-24  and may administer oaths, admit or exclude testimony or other
  12-25  evidence, and rule on all motions and objections.  The presiding
  12-26  officer or other board members may conduct direct examination of
  12-27  the witnesses at any stage of the witness's testimony.  Contested
   13-1  proceedings shall be recorded either by mechanical or electrical
   13-2  means or by a certified shorthand reporter.  The proceedings or
   13-3  part of the proceedings shall be transcribed at the request of any
   13-4  party, with the expense of the transcription charged to the
   13-5  requesting party.  The recording, stenographic notes, or
   13-6  transcription of oral proceedings shall be filed with and
   13-7  maintained by the board for not less than five years from the date
   13-8  of the decision in the proceedings.
   13-9        (e)  A subpoena for books, papers, records, witnesses, or
  13-10  other evidence shall be issued to a party on request.  The
  13-11  commissioner of the board shall issue subpoenas for both parties on
  13-12  reasonable cause shown.  A request may be verbal or written and
  13-13  must specify the documents sought and the full names and addresses
  13-14  of the witnesses sought.  Discovery procedures applicable to a
  13-15  civil action are available to the parties in a proceeding under
  13-16  this Act.  A party or the board may petition the district court for
  13-17  its enforcement of a subpoena.  If a proper showing is made, the
  13-18  district court shall order the person to obey the subpoena.
  13-19        (f)  The board and presiding officer may conduct a hearing or
  13-20  enter an order or judgment as the board determines appropriate for
  13-21  an appraiser who received proper notice of the hearing but who
  13-22  fails to appear in person at the hearing.  The appraiser shall be
  13-23  bound by the results of the hearing to the same extent as if the
  13-24  appraiser had appeared.
  13-25        (g)  Before testimony may be presented in a contested case
  13-26  hearing, the record must show the identities of the board members
  13-27  present, of the presiding officer, and of the parties and their
   14-1  representatives and must reflect that all testimony is being
   14-2  recorded.  The appraiser who is the subject of the proceeding may
   14-3  challenge any member of the board for cause before the commencement
   14-4  of the hearing.  The members of the board, with the challenged
   14-5  member abstaining, shall decide by a majority vote whether cause
   14-6  exists for the challenge and whether the challenged member may
   14-7  participate in the hearing.  The board shall set dates, times, and
   14-8  rules for hearings and shall rule on all issues.  Hearings shall be
   14-9  conducted in the following order, subject to modification at the
  14-10  discretion of the board:
  14-11              (1)  the presiding officer shall read a summary of the
  14-12  charges and answers to the charges and other responsive pleadings
  14-13  filed by the appraiser before the hearing;
  14-14              (2)  the assistant attorney general representing the
  14-15  public interest before the board shall make a brief opening
  14-16  statement, including a summary of charges and the witnesses and
  14-17  documents to support the charges;
  14-18              (3)  the appraiser may make an opening statement,
  14-19  including the names of any witnesses the appraiser may call;
  14-20              (4)  evidence shall be presented for the state,
  14-21  including a summary made at the close of the evidence on behalf of
  14-22  the state;
  14-23              (5)  evidence shall be presented for the appraiser;
  14-24              (6)  rebuttal evidence may be presented for the state;
  14-25              (7)  rebuttal evidence may be presented for the
  14-26  appraiser; and
  14-27              (8)  closing arguments are made first for the state,
   15-1  then for the appraiser, and finally for the state on rebuttal.
   15-2        (h)  The presiding officer may grant immunity from
   15-3  disciplinary action before the board to a witness only on the
   15-4  unanimous vote of all members of the board hearing the case.  The
   15-5  official record of the hearing must include the reasons for
   15-6  granting the immunity.
   15-7        (i)  Copies of documents offered as evidence at the hearing
   15-8  shall be provided to opposing parties.  Copies shall also be
   15-9  provided to members of the board.  To the extent the appraiser
  15-10  believes the appraiser is being asked to reply to accusations,
  15-11  charges, innuendos, or facts for the first time in the hearing, the
  15-12  appraiser may respond to the evidence to the board either in
  15-13  writing or at a subsequent scheduled meeting of the board.
  15-14  However, the assistant attorney general assigned to prosecute the
  15-15  case before the board shall be allowed to continue to present
  15-16  evidence during the hearing.
  15-17        (j)  By a majority vote of the members hearing the contested
  15-18  matter, the board shall make findings of fact and conclusions of
  15-19  law and may take one or more of the following actions:
  15-20              (1)  dismissal of the charges, including an order that
  15-21  the file in the case is confidential;
  15-22              (2)  suspension or revocation of the appraiser's
  15-23  license or certification;
  15-24              (3)  imposition of a period of probation with or
  15-25  without conditions;
  15-26              (4)  a requirement that the appraiser submit to
  15-27  reexamination for licensing or certification as an appraiser;
   16-1              (5)  a requirement that the appraiser participate in
   16-2  additional professional education or continuing education;
   16-3              (6)  issuance of a public or private reprimand or a
   16-4  warning;
   16-5              (7)  issuance of a consent order; or
   16-6              (8)  imposition of an administrative penalty, the
   16-7  amount of which shall be set at the discretion of the board at an
   16-8  amount that may not exceed $1,000 for each violation or $5,000 for
   16-9  multiple violations in one hearing, to be paid not later than the
  16-10  20th day after the date of final disposition of the case.
  16-11        (k)  Not later than the 20th day after the date of issuance
  16-12  of a final decision, a party may file an application with the board
  16-13  for a rehearing stating the specific grounds for rehearing and the
  16-14  relief sought.  The application shall be denied if it is not
  16-15  granted before the 20th day after the date of service on the
  16-16  commissioner of the board.  The decision made on the conclusion of
  16-17  the original proceeding may not be reversed or modified for
  16-18  procedural, evidentiary, or other error that did not cause
  16-19  substantial injustice to the parties.  The decision made on a
  16-20  rehearing may incorporate by reference any and all parts of the
  16-21  decision made at the conclusion of the original proceeding.  On
  16-22  rehearing, the board shall consider facts not presented in the
  16-23  original proceeding if:
  16-24              (1)  the facts arose after the original proceeding was
  16-25  concluded;
  16-26              (2)  the party offering the evidence could not
  16-27  reasonably have provided the evidence at the original proceedings;
   17-1  or
   17-2              (3)  the party offering the additional evidence was
   17-3  misled by any party as to the necessity for offering the evidence
   17-4  at the original proceeding.
   17-5        (l)  The final decision of the board shall be filed with the
   17-6  commissioner.   A copy of the decision and order shall immediately
   17-7  be sent by certified mail, return receipt requested, to the
   17-8  appraiser's last known address or may be served as in the manner of
   17-9  an original notice on the appraiser.
  17-10        (m)  A person whose certificate or license has been revoked
  17-11  or suspended by the board may apply to the board for reinstatement
  17-12  in accordance with the terms of the order of revocation or
  17-13  suspension.  If the order of revocation or suspension does not
  17-14  establish terms on which reinstatement may occur, an initial
  17-15  application for reinstatement may not be made until the first
  17-16  anniversary of the date the order became effective and successive
  17-17  applications may not be made more often than once every two years.
  17-18        (n)  Final decisions of the board relating to disciplinary
  17-19  actions, including consent agreements and consent orders, may be
  17-20  transmitted to other states and made available to the public.
  17-21        (o)  A member of the board is entitled to quasi-judicial
  17-22  immunity from suit for actions as a member of the board, provided
  17-23  the actions are in compliance with the law.
  17-24        SECTION 9.  Section 13(a), Texas Appraiser Licensing and
  17-25  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  17-26  is amended to read as follows:
  17-27        (a)  The board shall maintain a roster of individuals who
   18-1  have received a state certification or a state license under this
   18-2  Act. The roster must indicate the type of <whether any> license or
   18-3  certification for each individual listed <is a transitional license
   18-4  or certification or a temporary certification>.
   18-5        SECTION 10.  Section 14(b), Texas Appraiser Licensing and
   18-6  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   18-7  is amended to read as follows:
   18-8        (b)  A license or certification may be renewed on payment of
   18-9  a renewal fee prescribed by the board and on furnishing evidence
  18-10  satisfactory to the board and the Appraiser Qualifications Board
  18-11  that the holder of the license or certification has completed any
  18-12  continuing education requirements imposed by rule under this Act,
  18-13  met the experience requirements of this Act, and complied with any
  18-14  minimum or maximum requirements of the Appraiser Qualifications
  18-15  Board.  The board shall accept as continuing education any
  18-16  continuing education a licensed or certified appraiser was awarded
  18-17  by a national appraiser organization approved by the board as a
  18-18  provider of qualifying appraisal education if the continuing
  18-19  education was required for the appraiser to be recertified with
  18-20  that organization.
  18-21        SECTION 11.  Section 15, Texas Appraiser Licensing and
  18-22  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  18-23  is amended by amending Subsection (c) and adding Subsections
  18-24  (d)-(j) to read as follows:
  18-25        (c)  A person registered with the board under this section
  18-26  may appraise real property in this state without holding a license
  18-27  or certification issued under this Act if:
   19-1              (1)  the state, commonwealth, or territory licensing
   19-2  and certification program under which the person holds a license or
   19-3  certification has not been disapproved by the Appraisal
   19-4  Subcommittee; and
   19-5              (2)  <the real property being appraised is part of a
   19-6  federally related transaction; and>
   19-7              <(3)>  the appraiser's business in this state is of a
   19-8  temporary nature not to exceed 60 days.
   19-9        (d)  If the board determines that another state has
  19-10  substantially equivalent certification or licensure requirements to
  19-11  those of this state, an applicant who is certified or licensed
  19-12  under the laws of that state may obtain certification as a state
  19-13  certified real estate appraiser or licensure as a state licensed
  19-14  real estate appraiser in this state under terms and conditions
  19-15  determined by the board.  The terms and conditions must comply with
  19-16  the minimum criteria for certification or licensure issued by the
  19-17  Appraiser Qualifications Board of the Appraisal Foundation.
  19-18        (e)  An applicant for certification or licensure under this
  19-19  Act who is not a resident of this state shall submit with the
  19-20  application for certification or licensure an irrevocable consent
  19-21  that service of process in an action against the applicant arising
  19-22  out of the applicant's activities as a state certified real estate
  19-23  appraiser or state licensed real estate appraiser in this state may
  19-24  be made by delivery of the process to the commissioner of the
  19-25  board, if the plaintiff in the action cannot, in the exercise of
  19-26  due diligence, effect personal service on the applicant.  If
  19-27  process is served as provided by this subsection, the commissioner
   20-1  shall immediately mail a copy of the materials served on the
   20-2  commissioner by ordinary mail to the state certified real estate
   20-3  appraiser or state licensed real estate appraiser at both the
   20-4  appraiser's principal place of business and residence address.
   20-5        (f)  An application may not be accepted for an applicant from
   20-6  a state that refuses to offer reciprocal treatment to residents of
   20-7  this state who are certified or licensed real estate appraisers.
   20-8        (g)  The board shall seek verification from an applicant's
   20-9  home state that the applicant's certification or license is valid
  20-10  and in good standing.  A reciprocal certificate or license may not
  20-11  be issued without the verification required by this subsection.
  20-12        (h)  The holder of a certificate or license by reciprocity
  20-13  may not be required to pay the federal registry fee and other fees
  20-14  that the board may impose.
  20-15        (i)  A reciprocal certificate or license expires on the same
  20-16  date that the certificate or license held by the applicant in the
  20-17  applicant's home state or on the first anniversary of the date the
  20-18  reciprocal certificate or license was issued, whichever date occurs
  20-19  first.
  20-20        (j)  A reciprocal certificate or license is renewable under
  20-21  terms and conditions determined by the board.
  20-22        SECTION 12.  Section 17, Texas Appraiser Licensing and
  20-23  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  20-24  is amended to read as follows:
  20-25        Sec. 17.  Appraiser trainees.  (a)  The board may authorize a
  20-26  person certified <or licensed> under this Act to sponsor an
  20-27  appraiser trainee.  An appraiser trainee may have more than one
   21-1  sponsor.  Each <The> certified <or licensed> appraiser and the
   21-2  prospective appraiser trainee shall apply to the board for approval
   21-3  of the appraiser trainee on a form prescribed by the board.  The
   21-4  board may set reasonable application and annual renewal fees for an
   21-5  appraiser trainee.  A prospective trainee must:
   21-6              (1)  be a citizen of the United States or a lawfully
   21-7  admitted alien;
   21-8              (2)  be at least 18 years of age;
   21-9              (3)  be a legal resident of this state for at least 60
  21-10  days immediately before the filing of the application; and
  21-11              (4)  satisfy the board as to the prospective trainee's
  21-12  honesty, trustworthiness, and integrity.
  21-13        (b)  An appraiser trainee approved by the board may perform
  21-14  an appraisal under the direction of one or more <the> trainee's
  21-15  sponsors <sponsor>, who shall sign the appraiser trainee's reports.
  21-16  A sponsor who signs a report shall <and> be responsible to the
  21-17  public and to the board for the conduct of the appraiser trainee.
  21-18  An appraiser trainee may co-sign a report under this subsection.
  21-19  The board may reprimand an appraiser trainee or suspend or revoke
  21-20  an appraiser trainee's authority to act as an appraiser trainee for
  21-21  a violation of this Act or a rule adopted under this section.  A
  21-22  disciplinary proceeding involving an appraiser trainee is governed
  21-23  by the Administrative Procedure and Texas Register Act (Article
  21-24  6252-13a, Vernon's Texas Civil Statutes).
  21-25        SECTION 13.  Section 18, Texas Appraiser Licensing and
  21-26  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  21-27  is amended to read as follows:
   22-1        Sec. 18.  Broker's or salesman's license not required;
   22-2  exemptions.  (a)  A person certified or licensed under this Act or
   22-3  approved as an appraiser trainee under this Act <section> is not
   22-4  required to be licensed as a real estate broker or salesman under
   22-5  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
   22-6  Statutes), and its subsequent amendments, <this Act> to appraise
   22-7  real property in this state.  A person certified or licensed as an
   22-8  appraiser by another state is not required to be licensed as a real
   22-9  estate broker or salesman <under this Act> to appraise real
  22-10  property in this state <in connection with a federally related
  22-11  transaction for which a federal financial institution's regulatory
  22-12  agency or the Resolution Trust Corporation or its successor has
  22-13  required the use of a state certified or licensed appraiser>.
  22-14        (b)  This Act does not prohibit:
  22-15              (1)  a real estate broker or salesman licensed under
  22-16  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
  22-17  Statutes) but not licensed or certified under this Act from
  22-18  performing an appraisal in a nonfederally related transaction; <or>
  22-19              (2)  the requirement of a real estate broker's or
  22-20  salesman's license for an appraisal in nonfederally related
  22-21  transactions by a person not licensed or certified under this Act;
  22-22  or
  22-23              (3)  a real estate broker or salesman licensed under
  22-24  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
  22-25  Statutes), and its subsequent amendments, from giving an opinion in
  22-26  the ordinary course of the broker's or salesman's business to a
  22-27  potential seller or third party as to the recommended listing price
   23-1  of real estate or to a potential purchaser or third party as to the
   23-2  recommended purchase price of real estate if the opinion given
   23-3  under this subdivision is not referred to as an appraisal.
   23-4        SECTION 14.  Section 21(b), Texas Appraiser Licensing and
   23-5  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   23-6  is amended to read as follows:
   23-7        (b)  An offense under this section is a Class B <C>
   23-8  misdemeanor.
   23-9        SECTION 15.  This Act takes effect September 1, 1993.
  23-10        SECTION 16.  (a)  A member of the Texas Appraiser Licensing
  23-11  and Certification Board immediately before the effective date of
  23-12  this Act continues to serve as a member of the board on or after
  23-13  the effective date of this Act for the remainder of the member's
  23-14  term.  The governor shall make appointments to the board on or
  23-15  after the effective date of this Act as terms of members of the
  23-16  board expire and vacancies occur on the board, as follows:
  23-17              (1)  the first and third appraiser member appointment
  23-18  and the first and third public member appointment made on or after
  23-19  the effective date of this Act shall be for terms that expire on
  23-20  January 31 of the odd-numbered year following the appointment; and
  23-21              (2)  the second and fourth appraiser member appointment
  23-22  and the second and fourth public member appointment made on or
  23-23  after the effective date of this Act shall be for terms that expire
  23-24  on January 31 of the even-numbered year following the appointment.
  23-25        (b)  The change in law made by this Act to the application
  23-26  requirements for licensing or certification as a real estate
  23-27  appraiser apply only to a license or certificate issued on or after
   24-1  the effective date of this Act.
   24-2        (c)  The change in law made by this Act to the enforcement
   24-3  procedures and contested case procedures under Sections 12 and 12A,
   24-4  Texas Appraiser Licensing and Certification Act (Article 6573a.2,
   24-5  Vernon's Texas Civil Statutes), as amended and as added by this
   24-6  Act, apply only to a proceeding initiated on or after the effective
   24-7  date of this Act.  A proceeding initiated before the effective date
   24-8  of this Act is governed by the law in effect on the date the
   24-9  proceeding was initiated, and the former law is continued in effect
  24-10  for that purpose.
  24-11        SECTION 17.  The importance of this legislation and the
  24-12  crowded condition of the calendars in both houses create an
  24-13  emergency and an imperative public necessity that the
  24-14  constitutional rule requiring bills to be read on three several
  24-15  days in each house be suspended, and this rule is hereby suspended.