S.B. No. 842
AN ACT
1-1 relating to the power of certain licensing agencies to issue
1-2 subpoenas in enforcement proceedings and to enforcement of the
1-3 power by contempt.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Texas Appraiser Licensing and
1-6 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 Sec. 5. Powers and duties of board. (a) The board may:
1-9 (1) adopt rules for the licensing and certification of
1-10 real estate appraisers in this state in accordance with this Act
1-11 and consistent with, but no more stringent than, applicable federal
1-12 law;
1-13 (2) establish categories of appraiser certification
1-14 and appraiser licensing, consistent with the categories of
1-15 appraiser certification and appraiser licensing recognized by the
1-16 Appraiser Qualifications Board, the Appraisal Standards Board, and
1-17 the Appraisal Subcommittee, and prescribe qualifications for each
1-18 category that are no more stringent than the qualifications
1-19 required by the Appraiser Qualifications Board, the Appraisal
1-20 Standards Board, and the Appraisal Subcommittee for each category;
1-21 (3) adopt rules relating to the education and
1-22 experience requirements for certification and licensing as an
1-23 appraiser in a manner that is consistent with, but no more
1-24 stringent than, the threshold requirements adopted by the Appraiser
2-1 Qualifications Board or the Appraisal Subcommittee;
2-2 (4) adopt rules relating to the qualifying examination
2-3 required for certification or licensing as an appraiser under this
2-4 Act;
2-5 (5) adopt rules establishing a code of professional
2-6 conduct and ethics for a certified or licensed appraiser that meets
2-7 the standards generally accepted by the Appraisal Subcommittee and
2-8 prescribed by the Uniform Standards of Professional Appraisal
2-9 Practice;
2-10 (6) establish reasonable fees to implement this Act,
2-11 including an application fee for certification or licensing, an
2-12 examination fee, a renewal fee for a certificate or license, a
2-13 federal appraiser registry fee, and any other fee required by law;
2-14 (7) adopt rules relating to continuing education
2-15 requirements for a licensed or certified appraiser;
2-16 (8) adopt rules relating to the standards for the
2-17 development of a written appraisal by a certified or licensed
2-18 appraiser that are consistent with the appraisal regulations
2-19 adopted by a federal financial institution regulatory agency or the
2-20 Uniform Standards of Professional Appraisal Practice; <and>
2-21 (9) grant or deny an application for the certification
2-22 and licensing of a real estate appraiser; and
2-23 (10) request and, if necessary, compel by subpoena the
2-24 attendance of witnesses for examination under oath and the
2-25 production for inspection and copying of books, accounts, records,
2-26 papers, correspondence, documents, and other evidence relevant to
2-27 the investigation of alleged violations of this Act.
3-1 (b) If a person fails to comply with a subpoena issued under
3-2 Subsection (a)(10) of this section, the board, acting through the
3-3 attorney general, may file suit to enforce the subpoena in a
3-4 district court in Travis County or in the county in which a hearing
3-5 conducted by the board may be held. The court, if it determines
3-6 that good cause exists for the issuance of the subpoena, shall
3-7 order compliance with the requirements of the subpoena. Failure to
3-8 obey the order of the court may be punished by the court as
3-9 contempt.
3-10 SECTION 2. Section 4, Chapter 1036, Acts of the 62nd
3-11 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
3-12 Civil Statutes), is amended by adding Subsection (l) to read as
3-13 follows:
3-14 (l) The commission may request and, if necessary, compel by
3-15 subpoena the attendance of witnesses for examination under oath and
3-16 the production for inspection and copying of books, accounts,
3-17 records, papers, correspondence, documents, and other evidence
3-18 relevant to the investigation of alleged violations of this Act.
3-19 If a person fails to comply with a subpoena issued under this
3-20 subsection, the commission, acting through the attorney general,
3-21 may file suit to enforce the subpoena in a district court in Travis
3-22 County or in the county in which a hearing conducted by the
3-23 commission may be held. The court, if it determines that good
3-24 cause exists for the issuance of the subpoena, shall order
3-25 compliance with the requirements of the subpoena. Failure to obey
3-26 the order of the court may be punished by the court as contempt.
3-27 SECTION 3. Chapter 9, Title 71, Revised Statutes, is amended
4-1 by adding Article 4549-1.1 to read as follows:
4-2 Art. 4549-1.1. SUBPOENA POWER. The State Board of Dental
4-3 Examiners may request and, if necessary, compel by subpoena the
4-4 attendance of witnesses for examination under oath and the
4-5 production for inspection and copying of books, accounts, records,
4-6 papers, correspondence, documents, and other evidence relevant to
4-7 the investigation of alleged violations of the provisions of the
4-8 statutes of the State of Texas relating to the practice of
4-9 dentistry or any provisions of this chapter. If a person fails
4-10 to comply with a subpoena issued under this article, the board,
4-11 acting through the attorney general, may file suit to enforce the
4-12 subpoena in a district court in Travis County or in the county in
4-13 which a hearing conducted by the board may be held. The court, if
4-14 it determines that good cause exists for the issuance of the
4-15 subpoena, shall order compliance with the requirements of the
4-16 subpoena. Failure to obey the order of the court may be punished
4-17 by the court as contempt.
4-18 SECTION 4. Section 8, The Texas Engineering Practice Act
4-19 (Article 3271a, Vernon's Texas Civil Statutes), is amended by
4-20 adding Subsection (d) to read as follows:
4-21 (d) The Board may request and, if necessary, compel by
4-22 subpoena the attendance of witnesses for examination under oath and
4-23 the production for inspection and copying of books, accounts,
4-24 records, papers, correspondence, documents, and other evidence
4-25 relevant to the investigation of alleged violations of this Act.
4-26 If a person fails to comply with a subpoena issued under this
4-27 subsection, the Board, acting through the attorney general, may
5-1 file suit to enforce the subpoena in a district court in Travis
5-2 County or in the county in which a hearing conducted by the Board
5-3 may be held. The court, if it determines that good cause exists
5-4 for the issuance of the subpoena, shall order compliance with the
5-5 requirements of the subpoena. Failure to obey the order of the
5-6 court may be punished by the court as contempt.
5-7 SECTION 5. Section 4, Texas Structural Pest Control Act
5-8 (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
5-9 adding Subsection (i) to read as follows:
5-10 (i) The board may request and, if necessary, compel by
5-11 subpoena the attendance of witnesses for examination under oath and
5-12 the production for inspection and copying of books, accounts,
5-13 records, papers, correspondence, documents, and other evidence
5-14 relevant to the investigation of alleged violations of this Act.
5-15 If a person fails to comply with a subpoena issued under this
5-16 subsection, the board, acting through the attorney general, may
5-17 file suit to enforce the subpoena in a district court in Travis
5-18 County or in the county in which a hearing conducted by the board
5-19 may be held. The court, if it determines that good cause exists
5-20 for the issuance of the subpoena, shall order compliance with the
5-21 requirements of the subpoena. Failure to obey the order of the
5-22 court may be punished by the court as contempt.
5-23 SECTION 6. Section 3, Chapter 836, Acts of the 62nd
5-24 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
5-25 Civil Statutes), is amended by adding Subsection (m) to read as
5-26 follows:
5-27 (m) The board may request and, if necessary, compel by
6-1 subpoena the attendance of witnesses for examination under oath and
6-2 the production for inspection and copying of books, accounts,
6-3 records, papers, correspondence, documents, and other evidence
6-4 relevant to the investigation of alleged violations of this Act.
6-5 If a person fails to comply with a subpoena issued under this
6-6 subsection, the board, acting through the attorney general, may
6-7 file suit to enforce the subpoena in a district court in Travis
6-8 County or in the county in which a hearing conducted by the board
6-9 may be held. The court, if it determines that good cause exists
6-10 for the issuance of the subpoena, shall order compliance with the
6-11 requirements of the subpoena. Failure to obey the order of the
6-12 court may be punished by the court as contempt.
6-13 SECTION 7. Section 8A, The Plumbing License Law (Article
6-14 6243-101, Vernon's Texas Civil Statutes), is amended by adding
6-15 Subsection (f) to read as follows:
6-16 (f) The Board may request and, if necessary, compel by
6-17 subpoena the attendance of witnesses for examination under oath and
6-18 the production for inspection and copying of books, accounts,
6-19 records, papers, correspondence, documents, and other evidence
6-20 relevant to the investigation of alleged violations of this Act.
6-21 If a person fails to comply with a subpoena issued under this
6-22 subsection, the Board, acting through the attorney general, may
6-23 file suit to enforce the subpoena in a district court in Travis
6-24 County or in the county in which a hearing conducted by the Board
6-25 may be held. The court, if it determines that good cause exists
6-26 for the issuance of the subpoena, shall order compliance with the
6-27 requirements of the subpoena. Failure to obey the order of the
7-1 court may be punished by the court as contempt.
7-2 SECTION 8. Section 15, The Real Estate License Act (Article
7-3 6573a, Vernon's Texas Civil Statutes), is amended by adding
7-4 Subsection (e) to read as follows:
7-5 (e) The commission may request and, if necessary, compel by
7-6 subpoena the attendance of witnesses for examination under oath and
7-7 the production for inspection and copying of books, accounts,
7-8 records, papers, correspondence, documents, and other evidence
7-9 relevant to the investigation of alleged violations of this Act.
7-10 If a person fails to comply with a subpoena issued under this
7-11 subsection, the commission, acting through the attorney general,
7-12 may file suit to enforce the subpoena in a district court in Travis
7-13 County or in the county in which a hearing conducted by the
7-14 commission may be held. The court, if it determines that good
7-15 cause exists for the issuance of the subpoena, shall order
7-16 compliance with the requirements of the subpoena. Failure to obey
7-17 the order of the court may be punished by the court as contempt.
7-18 SECTION 9. Section 10, The Property Taxation Professional
7-19 Certification Act (Article 8885, Revised Statutes), is amended by
7-20 adding Subsection (c) to read as follows:
7-21 (c) The board may request and, if necessary, compel by
7-22 subpoena the attendance of witnesses for examination under oath and
7-23 the production for inspection and copying of books, accounts,
7-24 records, papers, correspondence, documents, and other evidence
7-25 relevant to the investigation of alleged violations of this Act.
7-26 If a person fails to comply with a subpoena issued under this
7-27 subsection, the board, acting through the attorney general, may
8-1 file suit to enforce the subpoena in a district court in Travis
8-2 County or in the county in which a hearing conducted by the board
8-3 may be held. The court, if it determines that good cause exists
8-4 for the issuance of the subpoena, shall order compliance with the
8-5 requirements of the subpoena. Failure to obey the order of the
8-6 court may be punished by the court as contempt.
8-7 SECTION 10. The Veterinary Licensing Act (Article 8890,
8-8 Revised Statutes) is amended by adding Section 13B to read as
8-9 follows:
8-10 Sec. 13B. SUBPOENA POWER. The board may request and, if
8-11 necessary, compel by subpoena the attendance of witnesses for
8-12 examination under oath and the production for inspection and
8-13 copying of books, accounts, records, papers, correspondence,
8-14 documents, and other evidence relevant to the investigation of
8-15 alleged violations of this Act. If a person fails to comply with a
8-16 subpoena issued under this section, the board, acting through the
8-17 attorney general, may file suit to enforce the subpoena in a
8-18 district court in Travis County or in the county in which a hearing
8-19 conducted by the board may be held. The court, if it determines
8-20 that good cause exists for the issuance of the subpoena, shall
8-21 order compliance with the requirements of the subpoena. Failure
8-22 to obey the order of the court may be punished by the court as
8-23 contempt.
8-24 SECTION 11. This Act takes effect September 1, 1993.
8-25 SECTION 12. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.