1-1  By:  Counts (Senate Sponsor - Harris of Tarrant)      H.B. No. 2644
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 19, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 22, 1993, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 22, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas                               x   
    1-9        Rosson             x                               
   1-10        Carriker                                       x   
   1-11        Henderson                                      x   
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                           x   
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                        x   
   1-18        Sibley             x                               
   1-19        West                                           x   
   1-20        Whitmire           x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of real estate appraisers; providing
   1-24  civil and criminal penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 3(14), Texas Appraiser Licensing and
   1-27  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   1-28  is amended to read as follows:
   1-29              (14)  "State licensed real estate appraiser" means a
   1-30  person who is licensed under this Act.
   1-31        SECTION 2.  Section 5, Texas Appraiser Licensing and
   1-32  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   1-33  is amended to read as follows:
   1-34        Sec. 5.  Powers and duties of board.  The board may:
   1-35              (1)  adopt rules for the licensing and certification of
   1-36  real estate appraisers in this state in accordance with this Act
   1-37  and consistent with, but no more stringent than, applicable federal
   1-38  law;
   1-39              (2)  establish categories of appraiser certification
   1-40  and appraiser licensing, consistent with the categories of
   1-41  appraiser certification and appraiser licensing recognized by the
   1-42  Appraiser Qualifications Board, the Appraisal Standards Board, and
   1-43  the Appraisal Subcommittee, and prescribe qualifications for each
   1-44  category that are no more stringent than the qualifications
   1-45  required by the Appraiser Qualifications Board, the Appraisal
   1-46  Standards Board, and the Appraisal Subcommittee for each category;
   1-47              (3)  adopt rules relating to the education and
   1-48  experience requirements for certification and licensing as an
   1-49  appraiser in a manner that is consistent with, but no more
   1-50  stringent than, the threshold requirements adopted by the Appraiser
   1-51  Qualifications Board or the Appraisal Subcommittee;
   1-52              (4)  adopt rules relating to the qualifying examination
   1-53  required for certification or licensing as an appraiser under this
   1-54  Act;
   1-55              (5)  adopt rules establishing a code of professional
   1-56  conduct and ethics for a certified or licensed appraiser that meets
   1-57  the standards generally accepted by the Appraisal Subcommittee and
   1-58  prescribed by the Uniform Standards of Professional Appraisal
   1-59  Practice;
   1-60              (6)  establish reasonable fees to implement this Act,
   1-61  including an application fee for certification or licensing, an
   1-62  examination fee, a renewal fee for a certificate or license, a
   1-63  federal appraiser registry fee, and <any> other appropriate fees
   1-64  <fee required by law>;
   1-65              (7)  adopt rules relating to continuing education
   1-66  requirements for a licensed or certified appraiser;
   1-67              (8)  adopt rules relating to the standards for the
   1-68  development of a written appraisal by a certified or licensed
    2-1  appraiser that are consistent with the appraisal regulations
    2-2  adopted by a federal financial institution regulatory agency or the
    2-3  Uniform Standards of Professional Appraisal Practice; <and>
    2-4              (9)  grant or deny an application for the certification
    2-5  and licensing of a real estate appraiser;
    2-6              (10)  institute an action in its own name in a district
    2-7  court of Travis County against a person, firm, corporation,
    2-8  partnership, or any other group or combination of persons to enjoin
    2-9  a violation of this Act or a rule adopted by the board under this
   2-10  Act with the attorney general as legal advisor to the board to
   2-11  provide any necessary legal assistance;
   2-12              (11)  adopt rules as necessary to conform with the
   2-13  minimum written standards of the Appraisal Subcommittee; and
   2-14              (12)  conduct disciplinary proceedings with regard to
   2-15  appraisers in this state except in circumstances when an appraiser
   2-16  is required to be licensed or certified by another state agency to
   2-17  perform property appraisals.
   2-18        SECTION 3.  Sections 6(a), (b), (f), and (i), Texas Appraiser
   2-19  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   2-20  Civil Statutes), are amended to read as follows:
   2-21        (a)  The Texas Appraiser Licensing and Certification Board is
   2-22  created as an independent subdivision of the Texas Real Estate
   2-23  Commission.  The board is composed of eight members appointed by
   2-24  the governor with the advice and consent of the senate and the
   2-25  executive secretary of the Veterans' Land Board or that person's
   2-26  designee, who shall serve as a voting member of the board.
   2-27        (b)  An appointment to the board must be made without regard
   2-28  to race, color, religion, sex, disability <handicap>, familial
   2-29  status, national origin, or <the> membership in any appraisal
   2-30  organization of the appointee.
   2-31        (f)  The appointed members of the board shall hold office for
   2-32  terms of two years.  Two appraiser members and two public members
   2-33  shall serve terms that expire on January 31 of each odd-numbered
   2-34  year.  Two appraiser members and two public members shall serve
   2-35  terms that expire on January 31 of each even-numbered year.  An
   2-36  appointed member qualifies by taking the constitutional oath of
   2-37  office within 15 days after appointment.  At a regular meeting in
   2-38  February of each year, the members of the committee shall elect
   2-39  from among the membership a chair <chairman>, a vice-chair
   2-40  <vice-chairman>, and a secretary who together form the executive
   2-41  committee.  No appointed member may serve for more than three
   2-42  consecutive two-year terms.
   2-43        (i)  If the chair <chairman> of the board has knowledge that
   2-44  a potential ground for removal exists, the chair <chairman> shall
   2-45  immediately notify the governor.
   2-46        SECTION 4.  Section 7, Texas Appraiser Licensing and
   2-47  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   2-48  is amended to read as follows:
   2-49        Sec. 7.  Powers and duties of commissioner.  The commissioner
   2-50  shall:
   2-51              (1)  disseminate information and administer <enforce>
   2-52  rules adopted by the board under this Act;
   2-53              (2)  review an application for the certification or
   2-54  licensing of a real estate appraiser and make a recommendation for
   2-55  final action to the board;
   2-56              (3)  review and make recommendations to the board
   2-57  concerning the adoption of rules relating to:
   2-58                    (A)  the licensing and certification examination;
   2-59                    (B)  education and experience requirements for
   2-60  licensing and certification;
   2-61                    (C)  continuing education for a licensed or
   2-62  certified appraiser;
   2-63                    (D)  standards of professional practice and
   2-64  ethics for a certified or licensed appraiser;
   2-65                    (E)  standards for a real estate appraisal
   2-66  performed by a certified or licensed appraiser; and
   2-67                    (F)  the fees <fee> to be established by the
   2-68  board to be charged for the implementation of this Act;
   2-69              (4)  collect fees established by the board; and
   2-70              (5)  <conduct any reviews and make recommendations as
    3-1  the board may prescribe by rule regarding disciplinary actions for
    3-2  a licensed or certified appraiser and the enforcement of this Act;
    3-3  and>
    3-4              <(6)>  perform any other duty prescribed by the board
    3-5  under this Act.
    3-6        SECTION 5.  Section 9(e), Texas Appraiser Licensing and
    3-7  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    3-8  is amended to read as follows:
    3-9        (e)  An applicant for certification or licensing must furnish
   3-10  under oath, on an affidavit <a> form prescribed by the board, a
   3-11  statement that the applicant has the equivalent of 2,000 hours of
   3-12  experience in performing appraisals.  If a consumer complaint or
   3-13  peer complaint is brought against the applicant alleging fraud,
   3-14  incompetency, or malpractice and the board finds the complaint is
   3-15  reasonable or if the board determines other just cause exists for
   3-16  requiring further information, the board may obtain the additional
   3-17  information or documentation requested by:
   3-18              (1)  requiring the applicant to complete a form,
   3-19  prescribed by the board, that includes detailed listings of
   3-20  appraisal experience showing, for each appraisal claimed by the
   3-21  applicant, the city or county where the appraisal was performed,
   3-22  the type and description of the building or property appraised, the
   3-23  approaches to value utilized in the appraisal, the actual number of
   3-24  hours expended on the appraisal, and other information determined
   3-25  to be appropriate by the board; or
   3-26              (2)  engaging in other research determined to be
   3-27  appropriate by the board<, information on the applicant's real
   3-28  estate appraisal experience for each year that experience is
   3-29  claimed by the applicant.  The form must include a cumulative total
   3-30  of hours expended in each area of acceptable appraisal experience.
   3-31  If after investigation the board determines that a preponderance of
   3-32  evidence exists that fraud or misrepresentation occurred at the
   3-33  time of application, the board may request additional information
   3-34  on the appraisal experience.  That form must include information as
   3-35  to the city or county, the type and description of the building or
   3-36  property appraised, and the number of hours expended for each
   3-37  appraisal.  The board may not request further documentation of an
   3-38  applicant's experience unless a consumer complaint or peer
   3-39  complaint of fraud, incompetency, or malpractice is substantiated
   3-40  through a formal hearing process held under this Act or the board
   3-41  determines that other just cause exists for reviewing further
   3-42  documentation>.
   3-43        SECTION 6.  Sections 10(a), (b), and (e), Texas Appraiser
   3-44  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   3-45  Civil Statutes), are amended to read as follows:
   3-46        (a)  The board shall prescribe an appraiser examination.  The
   3-47  examination must be written and must be approved by the Appraisal
   3-48  Foundation or its successor agency.  The examination must be
   3-49  consistent with, but no more stringent than, the Uniform State
   3-50  Certification/Licensing Examination guidelines endorsed by the
   3-51  Appraiser Qualifications Board.  The board may contract with a
   3-52  testing service to administer the examination.  The testing service
   3-53  may collect an examination fee from an applicant for certification
   3-54  or licensing.
   3-55        (b)  An application to take the examination must be on a form
   3-56  prescribed by the board <and be accompanied by an examination fee>.
   3-57        (e)  An applicant for licensing or certification must achieve
   3-58  the minimum score required or approved by the Appraiser
   3-59  Qualifications Board, whichever is less, to pass an examination.
   3-60  The board shall notify each person taking an examination whether
   3-61  the person has passed or failed the examination not later than:
   3-62              (1)  the 31st day after the examination date; or
   3-63              (2)  if the examination is graded or reviewed by a
   3-64  national testing service, the 31st day after the date on which the
   3-65  board <department> receives the results from the national testing
   3-66  service.
   3-67        SECTION 7.  Section 12, Texas Appraiser Licensing and
   3-68  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   3-69  is amended to read as follows:
   3-70        Sec. 12.  ENFORCEMENT PROCEEDINGS  <INVESTIGATION;
    4-1  SANCTIONS>.  (a)  Except as otherwise provided by this Act,
    4-2  proceedings under this Act shall be conducted in accordance with
    4-3  the Administrative Procedure and Texas Register Act (Article
    4-4  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
    4-5  amendments  <The commissioner may investigate the actions of a
    4-6  state certified or state licensed appraiser and may make
    4-7  recommendations to the board on an administrative sanction,
    4-8  including revocation of a license or certification, for the
    4-9  violation of this Act or a rule adopted under this Act>.
   4-10        (b)  A complaint that alleges that an appraiser licensed or
   4-11  certified under this Act has violated a rule of professional
   4-12  conduct adopted by the board shall be filed with the board.  The
   4-13  complaint process under this section may be initiated by any
   4-14  person, including a member of the board, by filing with the board a
   4-15  written complaint on an affidavit form prescribed by the board.
   4-16  The board may, on its own motion, file a formal complaint against
   4-17  an appraiser licensed or certified under this Act.
   4-18        (c)  On receipt of a complaint or on its own motion, the
   4-19  board shall review and investigate alleged acts or omissions that
   4-20  the board believes constitute cause for disciplinary action.  To
   4-21  determine if probable cause exists for a hearing on a complaint, an
   4-22  investigator designated by the chair of the board shall investigate
   4-23  the allegations contained in a complaint.  If the board determines
   4-24  that the complaint does not present facts that constitute a basis
   4-25  for disciplinary action, the board may not take further action.
   4-26        (d)  The chair of the board with the advice and consent of
   4-27  the executive committee may appoint a peer investigative committee
   4-28  consisting of three real estate appraisers certified or licensed
   4-29  under this Act.  The chair of the investigative committee must be
   4-30  an appraiser member of the board.  Each remaining member of the
   4-31  committee shall certify to the board that the member is familiar
   4-32  with the appraisal process in the appraisal to be reviewed.  The
   4-33  investigative committee shall review and determine the facts of the
   4-34  complaint and submit a written report to the board in a timely
   4-35  manner.
   4-36        (e)  For the purposes of an investigation of a complaint, the
   4-37  board may subpoena witnesses, books, papers, records, and other
   4-38  evidence to determine whether the board should institute a
   4-39  contested case proceeding.
   4-40        (f)  On completion of an investigation, a written report
   4-41  containing statements of fact, the recommendations of the
   4-42  investigator, and the position or defense of the investigated
   4-43  appraiser shall be submitted by the investigator for the board to
   4-44  determine what further action is necessary.  Based on the report,
   4-45  the board may:
   4-46              (1)  order that the matter be further investigated;
   4-47              (2)  permit the appraiser who is the subject of the
   4-48  complaint to appear before the board for an informal discussion as
   4-49  provided by Subsection (g) of this section regarding the alleged
   4-50  violation;
   4-51              (3)  determine that probable cause does not exist to
   4-52  believe that a violation occurred and dismiss the case; or
   4-53              (4)  determine that probable cause that a violation
   4-54  occurred exists and proceed with a contested case hearing as the
   4-55  complainant.
   4-56        (g)  The board may permit an appraiser under investigation an
   4-57  opportunity to appear before the board for a voluntary informal
   4-58  discussion of the facts and circumstances of an alleged violation
   4-59  on the board's motion or on request of the appraiser.  The informal
   4-60  discussion constitutes part of the board's investigation of the
   4-61  pending disciplinary case and the facts discussed at the informal
   4-62  discussion may be considered by the board if the case proceeds to a
   4-63  contested case hearing.  The board may seek a consent order as
   4-64  provided by Subsection (h) of this section at the time of the
   4-65  informal discussion.
   4-66        (h)  The board may negotiate a settlement and enter into a
   4-67  consent order with an appraiser who is under investigation.  An
   4-68  appraiser member of the board designated by the chair and the
   4-69  attorney general may agree to negotiate a settlement under this
   4-70  subsection.  A proposed consent order shall be presented to the
    5-1  board for approval and shall be binding if approved by the board
    5-2  and signed by the board chair and the appraiser.  A board member
    5-3  who participates in negotiation of a consent order is not
    5-4  disqualified from participating in adjudication of the contested
    5-5  case that results from the negotiations.  Consent to negotiation by
    5-6  the appraiser constitutes waiver of the right to notice and the
    5-7  opportunity to be heard under the Administrative Procedure and
    5-8  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
    5-9  Statutes) and its subsequent amendments during the settlement
   5-10  negotiations.  A prosecuting attorney may discuss informal
   5-11  settlement with the board chair or a representative of the board.
   5-12  If the parties agree to a consent order, a statement of charges
   5-13  shall be filed with the consent order.
   5-14        (i)  The board, in its discretion and in lieu of prosecuting
   5-15  a first-time violator of the rules of professional conduct adopted
   5-16  by the board, may enter into a consent agreement as provided by
   5-17  this subsection.  An appraiser member of the board, designated by
   5-18  the chair, and the attorney general may agree to negotiate a
   5-19  consent agreement.  The proposed consent agreement shall be
   5-20  presented to the board for approval and shall be binding if
   5-21  approved by the board and signed by the board chair and the
   5-22  appraiser.  Failure by the appraiser to comply with the terms of
   5-23  the agreement constitutes grounds for prosecution.
   5-24        (j)  A certified or licensed appraiser who files a complaint
   5-25  against another certified or licensed appraiser that the board
   5-26  determines to be frivolous is liable for a civil penalty.  At the
   5-27  request of the board, the attorney general or a district or county
   5-28  attorney may institute a civil action in district court to collect
   5-29  a civil penalty under this subsection.  A civil penalty under this
   5-30  subsection may not be less than $500 or more than $10,000.  A civil
   5-31  penalty recovered in a suit instituted under this subsection shall
   5-32  be deposited in the state treasury to the credit of the general
   5-33  revenue fund.
   5-34        SECTION 8.  The Texas Appraiser Licensing and Certification
   5-35  Act (Article 6573a.2, Vernon's Texas Civil Statutes) is amended by
   5-36  adding Section 12A to read as follows:
   5-37        Sec. 12A.  CONTESTED CASE PROCEEDINGS.  (a)  The board shall
   5-38  provide notice to the parties of a contested case hearing stating
   5-39  the time and place of the hearing.  The notice must contain a
   5-40  statement requiring the appraiser to submit an answer as required
   5-41  by Subsection (b) of this section not later than the 20th day after
   5-42  the date of receipt of the notice.  The notice, together with a
   5-43  statement of charges, shall be personally delivered or mailed to
   5-44  the appraiser by certified mail, return receipt requested, not
   5-45  later than the 30th day before the hearing date.   The statement of
   5-46  charges shall be prepared by the prosecuting attorney and must
   5-47  state the acts or omissions with which the appraiser is charged,
   5-48  including the standards of professional practice or professional
   5-49  conduct rules alleged to have been violated.  The statement must be
   5-50  in sufficient detail to enable the preparation of the appraiser's
   5-51  defense.
   5-52        (b)  The answer filed by the appraiser must contain the
   5-53  following:
   5-54              (1)  the name, address, and telephone number of the
   5-55  appraiser;
   5-56              (2)  a specific statement regarding any or all
   5-57  allegations in the complaint in the form of admissions or denials
   5-58  and containing any explanations, remarks, or statement of
   5-59  mitigating circumstances the appraiser determines to be relevant;
   5-60  and
   5-61              (3)  any additional facts or information the appraiser
   5-62  determines to be relevant to the investigation and that may assist
   5-63  in the determination of the case.
   5-64        (c)  A statement of charges and notice of hearing prepared by
   5-65  the board shall be reviewed and approved by the attorney general.
   5-66  The attorney general shall provide legal representation for the
   5-67  public interest in all proceedings before the board.  An assistant
   5-68  attorney general assigned to prosecute a contested case before the
   5-69  board may not represent the board in that case but shall represent
   5-70  the public interest.
    6-1        (d)  A contested case hearing may be conducted before a
    6-2  majority of the board members and shall be open to the public.  The
    6-3  board may provide for an administrative law judge to act as
    6-4  presiding officer to conduct the hearing for the board.  The
    6-5  designated presiding officer shall be in control of the proceedings
    6-6  and may administer oaths, admit or exclude testimony or other
    6-7  evidence, and rule on all motions and objections.  The presiding
    6-8  officer or other board members may conduct direct examination of
    6-9  the witnesses at any stage of the witness's testimony.  Contested
   6-10  proceedings shall be recorded either by mechanical or electrical
   6-11  means or by a certified shorthand reporter.  The proceedings or
   6-12  part of the proceedings shall be transcribed at the request of any
   6-13  party, with the expense of the transcription charged to the
   6-14  requesting party.  The recording, stenographic notes, or
   6-15  transcription of oral proceedings shall be filed with and
   6-16  maintained by the board for not less than five years from the date
   6-17  of the decision in the proceedings.
   6-18        (e)  A subpoena for books, papers, records, witnesses, or
   6-19  other evidence shall be issued to a party on request.  The
   6-20  commissioner of the board shall issue subpoenas for both parties on
   6-21  reasonable cause shown.  A request may be verbal or written and
   6-22  must specify the documents sought and the full names and addresses
   6-23  of the witnesses sought.  Discovery procedures applicable to a
   6-24  civil action are available to the parties in a proceeding under
   6-25  this Act.  A party or the board may petition the district court for
   6-26  its enforcement of a subpoena.  If a proper showing is made, the
   6-27  district court shall order the person to obey the subpoena.
   6-28        (f)  The board and presiding officer may conduct a hearing or
   6-29  enter an order or judgment as the board determines appropriate for
   6-30  an appraiser who received proper notice of the hearing but who
   6-31  fails to appear in person at the hearing.  The appraiser shall be
   6-32  bound by the results of the hearing to the same extent as if the
   6-33  appraiser had appeared.
   6-34        (g)  Before testimony may be presented in a contested case
   6-35  hearing, the record must show the identities of the board members
   6-36  present, of the presiding officer, and of the parties and their
   6-37  representatives and must reflect that all testimony is being
   6-38  recorded.  The appraiser who is the subject of the proceeding may
   6-39  challenge any member of the board for cause before the commencement
   6-40  of the hearing.  The members of the board, with the challenged
   6-41  member abstaining, shall decide by a majority vote whether cause
   6-42  exists for the challenge and whether the challenged member may
   6-43  participate in the hearing.  The board shall set dates, times, and
   6-44  rules for hearings and shall rule on all issues.  Hearings shall be
   6-45  conducted in the following order, subject to modification at the
   6-46  discretion of the board:
   6-47              (1)  the presiding officer shall read a summary of the
   6-48  charges and answers to the charges and other responsive pleadings
   6-49  filed by the appraiser before the hearing;
   6-50              (2)  the assistant attorney general representing the
   6-51  public interest before the board shall make a brief opening
   6-52  statement, including a summary of charges and the witnesses and
   6-53  documents to support the charges;
   6-54              (3)  the appraiser may make an opening statement,
   6-55  including the names of any witnesses the appraiser may call;
   6-56              (4)  evidence shall be presented for the state,
   6-57  including a summary made at the close of the evidence on behalf of
   6-58  the state;
   6-59              (5)  evidence shall be presented for the appraiser;
   6-60              (6)  rebuttal evidence may be presented for the state;
   6-61              (7)  rebuttal evidence may be presented for the
   6-62  appraiser; and
   6-63              (8)  closing arguments are made first for the state,
   6-64  then for the appraiser, and finally for the state on rebuttal.
   6-65        (h)  The presiding officer may grant immunity from
   6-66  disciplinary action before the board to a witness only on the
   6-67  unanimous vote of all members of the board hearing the case.  The
   6-68  official record of the hearing must include the reasons for
   6-69  granting the immunity.
   6-70        (i)  Copies of documents offered as evidence at the hearing
    7-1  shall be provided to opposing parties.  Copies shall also be
    7-2  provided to members of the board.  To the extent the appraiser
    7-3  believes the appraiser is being asked to reply to accusations,
    7-4  charges, innuendos, or facts for the first time in the hearing, the
    7-5  appraiser may respond to the evidence to the board either in
    7-6  writing or at a subsequent scheduled meeting of the board.
    7-7  However, the assistant attorney general assigned to prosecute the
    7-8  case before the board shall be allowed to continue to present
    7-9  evidence during the hearing.
   7-10        (j)  By a majority vote of the members hearing the contested
   7-11  matter, the board shall make findings of fact and conclusions of
   7-12  law and may take one or more of the following actions:
   7-13              (1)  dismissal of the charges, including an order that
   7-14  the file in the case is confidential;
   7-15              (2)  suspension or revocation of the appraiser's
   7-16  license or certification;
   7-17              (3)  imposition of a period of probation with or
   7-18  without conditions;
   7-19              (4)  a requirement that the appraiser submit to
   7-20  reexamination for licensing or certification as an appraiser;
   7-21              (5)  a requirement that the appraiser participate in
   7-22  additional professional education or continuing education;
   7-23              (6)  issuance of a public or private reprimand or a
   7-24  warning;
   7-25              (7)  issuance of a consent order; or
   7-26              (8)  imposition of an administrative penalty, the
   7-27  amount of which shall be set at the discretion of the board at an
   7-28  amount that may not exceed $1,000 for each violation or $5,000 for
   7-29  multiple violations in one hearing, to be paid not later than the
   7-30  20th day after the date of final disposition of the case.
   7-31        (k)  Not later than the 20th day after the date of issuance
   7-32  of a final decision, a party may file an application with the board
   7-33  for a rehearing stating the specific grounds for rehearing and the
   7-34  relief sought.  The application shall be denied if it is not
   7-35  granted before the 20th day after the date of service on the
   7-36  commissioner of the board.  The decision made on the conclusion of
   7-37  the original proceeding may not be reversed or modified for
   7-38  procedural, evidentiary, or other error that did not cause
   7-39  substantial injustice to the parties.  The decision made on a
   7-40  rehearing may incorporate by reference any and all parts of the
   7-41  decision made at the conclusion of the original proceeding.  On
   7-42  rehearing, the board shall consider facts not presented in the
   7-43  original proceeding if:
   7-44              (1)  the facts arose after the original proceeding was
   7-45  concluded;
   7-46              (2)  the party offering the evidence could not
   7-47  reasonably have provided the evidence at the original proceedings;
   7-48  or
   7-49              (3)  the party offering the additional evidence was
   7-50  misled by any party as to the necessity for offering the evidence
   7-51  at the original proceeding.
   7-52        (l)  The final decision of the board shall be filed with the
   7-53  commissioner.   A copy of the decision and order shall immediately
   7-54  be sent by certified mail, return receipt requested, to the
   7-55  appraiser's last known address or may be served as in the manner of
   7-56  an original notice on the appraiser.
   7-57        (m)  A person whose certificate or license has been revoked
   7-58  or suspended by the board may apply to the board for reinstatement
   7-59  in accordance with the terms of the order of revocation or
   7-60  suspension.  If the order of revocation or suspension does not
   7-61  establish terms on which reinstatement may occur, an initial
   7-62  application for reinstatement may not be made until the first
   7-63  anniversary of the date the order became effective and successive
   7-64  applications may not be made more often than once every two years.
   7-65        (n)  Final decisions of the board relating to disciplinary
   7-66  actions, including consent agreements and consent orders, may be
   7-67  transmitted to other states and made available to the public.
   7-68        (o)  A member of the board is entitled to quasi-judicial
   7-69  immunity from suit for actions as a member of the board, provided
   7-70  the actions are in compliance with the law.
    8-1        SECTION 9.  Section 13(a), Texas Appraiser Licensing and
    8-2  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    8-3  is amended to read as follows:
    8-4        (a)  The board shall maintain a roster of individuals who
    8-5  have received a state certification or a state license under this
    8-6  Act. The roster must indicate the type of <whether any> license or
    8-7  certification for each individual listed <is a transitional license
    8-8  or certification or a temporary certification>.
    8-9        SECTION 10.  Section 14(b), Texas Appraiser Licensing and
   8-10  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   8-11  is amended to read as follows:
   8-12        (b)  A license or certification may be renewed on payment of
   8-13  a renewal fee prescribed by the board and on furnishing evidence
   8-14  satisfactory to the board and the Appraiser Qualifications Board
   8-15  that the holder of the license or certification has completed any
   8-16  continuing education requirements imposed by rule under this Act,
   8-17  met the experience requirements of this Act, and complied with any
   8-18  minimum or maximum requirements of the Appraiser Qualifications
   8-19  Board.  The board shall accept as continuing education any
   8-20  continuing education a licensed or certified appraiser was awarded
   8-21  by a national appraiser organization approved by the board as a
   8-22  provider of qualifying appraisal education.
   8-23        SECTION 11.  Section 15, Texas Appraiser Licensing and
   8-24  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   8-25  is amended by adding Subsections (d)-(j) to read as follows:
   8-26        (d)  If the board determines that another state has
   8-27  substantially equivalent certification or licensure requirements to
   8-28  those of this state, an applicant who is certified or licensed
   8-29  under the laws of that state may obtain certification as a state
   8-30  certified real estate appraiser or licensure as a state licensed
   8-31  real estate appraiser in this state under terms and conditions
   8-32  determined by the board.  The terms and conditions must comply with
   8-33  the minimum criteria for certification or licensure issued by the
   8-34  Appraiser Qualifications Board of the Appraisal Foundation.  The
   8-35  fee charged to an appraiser from another state and the form
   8-36  submitted by the appraiser for reciprocity must be comparable to
   8-37  the fee and form required by the state where the appraiser is
   8-38  certified or licensed.
   8-39        (e)  An applicant for certification or licensure under this
   8-40  Act who is not a resident of this state shall submit with the
   8-41  application for certification or licensure an irrevocable consent
   8-42  that service of process in an action against the applicant arising
   8-43  out of the applicant's activities as a state certified real estate
   8-44  appraiser or state licensed real estate appraiser in this state may
   8-45  be made by delivery of the process to the commissioner of the
   8-46  board, if the plaintiff in the action cannot, in the exercise of
   8-47  due diligence, effect personal service on the applicant.  If
   8-48  process is served as provided by this subsection, the commissioner
   8-49  shall immediately mail a copy of the materials served on the
   8-50  commissioner by ordinary mail to the state certified real estate
   8-51  appraiser or state licensed real estate appraiser at both the
   8-52  appraiser's principal place of business and residence address.
   8-53        (f)  An application may not be accepted for an applicant from
   8-54  a state that refuses to offer reciprocal treatment to residents of
   8-55  this state who are certified or licensed real estate appraisers.
   8-56        (g)  The board shall seek verification from an applicant's
   8-57  home state that the applicant's certification or license is valid
   8-58  and in good standing.  A reciprocal certificate or license may not
   8-59  be issued without the verification required by this subsection.
   8-60        (h)  The holder of a certificate or license by reciprocity
   8-61  must pay the federal registry fee and other fees that the board may
   8-62  impose.
   8-63        (i)  A reciprocal certificate or license expires on the same
   8-64  date that the certificate or license held by the applicant in the
   8-65  applicant's home state expires or on the first anniversary of the
   8-66  date the reciprocal certificate or license was issued, whichever
   8-67  date occurs first.
   8-68        (j)  A reciprocal certificate or license is renewable under
   8-69  terms and conditions determined by the board.
   8-70        SECTION 12.  Section 17, Texas Appraiser Licensing and
    9-1  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    9-2  is amended to read as follows:
    9-3        Sec. 17.  Appraiser trainees.  (a)  The board may authorize a
    9-4  person certified <or licensed> under this Act to sponsor an
    9-5  appraiser trainee.  An appraiser trainee may have more than one
    9-6  sponsor.  Each <The> certified <or licensed> appraiser and the
    9-7  prospective appraiser trainee shall apply to the board for approval
    9-8  of the appraiser trainee on a form prescribed by the board.  The
    9-9  board may set reasonable application and annual renewal fees for an
   9-10  appraiser trainee.  A prospective trainee must:
   9-11              (1)  be a citizen of the United States or a lawfully
   9-12  admitted alien;
   9-13              (2)  be at least 18 years of age;
   9-14              (3)  be a legal resident of this state for at least 60
   9-15  days immediately before the filing of the application; and
   9-16              (4)  satisfy the board as to the prospective trainee's
   9-17  honesty, trustworthiness, and integrity.
   9-18        (b)  An appraiser trainee approved by the board may perform
   9-19  an appraisal under the direction of one or more sponsors <the
   9-20  trainee's sponsor>, one of whom <who> shall sign the appraiser
   9-21  trainee's reports.  A sponsor who signs a report shall <and> be
   9-22  responsible to the public and to the board for the conduct of the
   9-23  appraiser trainee.  An appraiser trainee may co-sign a report under
   9-24  this subsection.  The board may reprimand an appraiser trainee or
   9-25  suspend or revoke an appraiser trainee's authority to act as an
   9-26  appraiser trainee for a violation of this Act or a rule adopted
   9-27  under this section.  A disciplinary proceeding involving an
   9-28  appraiser trainee is governed by the Administrative Procedure and
   9-29  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   9-30  Statutes).
   9-31        SECTION 13.  Section 18, Texas Appraiser Licensing and
   9-32  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   9-33  is amended to read as follows:
   9-34        Sec. 18.  Broker's or salesman's license not required;
   9-35  exemptions.  (a)  A person certified or licensed under this Act or
   9-36  approved as an appraiser trainee under this Act <section> is not
   9-37  required to be licensed as a real estate broker or salesman under
   9-38  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
   9-39  Statutes), and its subsequent amendments, <this Act> to appraise
   9-40  real property in this state.  A person certified or licensed as an
   9-41  appraiser by another state is not required to be licensed as a real
   9-42  estate broker or salesman <under this Act> to appraise real
   9-43  property in this state <in connection with a federally related
   9-44  transaction for which a federal financial institution's regulatory
   9-45  agency or the Resolution Trust Corporation or its successor has
   9-46  required the use of a state certified or licensed appraiser>.
   9-47        (b)  This Act does not prohibit:
   9-48              (1)  a real estate broker or salesman licensed under
   9-49  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
   9-50  Statutes) but not licensed or certified under this Act from
   9-51  performing an appraisal in a nonfederally related transaction; <or>
   9-52              (2)  the requirement of a real estate broker's or
   9-53  salesman's license for an appraisal in nonfederally related
   9-54  transactions by a person not licensed or certified under this Act;
   9-55  or
   9-56              (3)  a real estate broker or salesman licensed under
   9-57  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
   9-58  Statutes) and its subsequent amendments from giving an opinion in
   9-59  the ordinary course of the broker's or salesman's business to a
   9-60  potential seller or third party as to the recommended listing price
   9-61  of real estate or to a potential purchaser or third party as to the
   9-62  recommended purchase price of real estate if the opinion given
   9-63  under this subdivision is not referred to as an appraisal.
   9-64        SECTION 14.  Section 21, Texas Appraiser Licensing and
   9-65  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   9-66  is amended to read as follows:
   9-67        Sec. 21.  OFFENSES.  (a)  A person commits an offense if the
   9-68  person knowingly or intentionally violates Section 4(c) of this Act
   9-69  or knowingly or intentionally furnishes false information in
   9-70  connection with an affidavit filed under Section 9(e) of this Act.
   10-1        (b)  An offense under this section is a Class B <C>
   10-2  misdemeanor.
   10-3        SECTION 15.  This Act takes effect September 1, 1993.
   10-4        SECTION 16.  (a)  A member of the Texas Appraiser Licensing
   10-5  and Certification Board immediately before the effective date of
   10-6  this Act continues to serve as a member of the board on or after
   10-7  the effective date of this Act for the remainder of the member's
   10-8  term.  The governor shall make appointments to the board on or
   10-9  after the effective date of this Act as terms of members of the
  10-10  board expire and vacancies occur on the board, as follows:
  10-11              (1)  the first and third appraiser member appointment
  10-12  and the first and third public member appointment made on or after
  10-13  the effective date of this Act shall be for terms that expire on
  10-14  January 31 of the odd-numbered year following the appointment; and
  10-15              (2)  the second and fourth appraiser member appointment
  10-16  and the second and fourth public member appointment made on or
  10-17  after the effective date of this Act shall be for terms that expire
  10-18  on January 31 of the even-numbered year following the appointment.
  10-19        (b)  The change in law made by this Act to the application
  10-20  requirements for licensing or certification as a real estate
  10-21  appraiser applies only to a license or certificate issued on or
  10-22  after the effective date of this Act.
  10-23        (c)  The change in law made by this Act to the enforcement
  10-24  procedures and contested case procedures under Sections 12 and 12A,
  10-25  Texas Appraiser Licensing and Certification Act (Article 6573a.2,
  10-26  Vernon's Texas Civil Statutes), as amended and as added by this
  10-27  Act, applies only to a proceeding initiated on or after the
  10-28  effective date of this Act.  A proceeding initiated before the
  10-29  effective date of this Act is governed by the law in effect on the
  10-30  date the proceeding was initiated, and the former law is continued
  10-31  in effect for that purpose.
  10-32        SECTION 17.  The importance of this legislation and the
  10-33  crowded condition of the calendars in both houses create an
  10-34  emergency and an imperative public necessity that the
  10-35  constitutional rule requiring bills to be read on three several
  10-36  days in each house be suspended, and this rule is hereby suspended.
  10-37                               * * * * *
  10-38                                                         Austin,
  10-39  Texas
  10-40                                                         May 22, 1993
  10-41  Hon. Bob Bullock
  10-42  President of the Senate
  10-43  Sir:
  10-44  We, your Committee on State Affairs to which was referred H.B.
  10-45  No. 2644, have had the same under consideration, and I am
  10-46  instructed to report it back to the Senate with the recommendation
  10-47  that it do pass and be printed.
  10-48                                                         Rosson,
  10-49  Vice-Chairman
  10-50                               * * * * *
  10-51                               WITNESSES
  10-52                                                  FOR   AGAINST  ON
  10-53  ___________________________________________________________________
  10-54  Name:  Roger Miller                              x
  10-55  Representing:  Foundation Appraisers
  10-56  City:  Austin
  10-57  -------------------------------------------------------------------
  10-58  Name:  Paul Bierschwale                          x
  10-59  Representing:  Foundation Appraisers
  10-60  City:  Junction
  10-61  -------------------------------------------------------------------
  10-62  Name:  Lynda P Vine                              x
  10-63  Representing:  Foundation Appraisers
  10-64  City:  San Antonio
  10-65  -------------------------------------------------------------------