1-1  By:  Moncrief                                          S.B. No. 842
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 31, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; March 31, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas   x                               
   1-10        Rosson             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                     x    
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna                                          x    
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley                                        x    
   1-20        West               x                               
   1-21        Whitmire                                      x    
   1-22  COMMITTEE SUBSTITUTE FOR S.B. No. 842                    By:  Lucio
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the power of certain licensing agencies to issue
   1-26  subpoenas in enforcement proceedings and to enforcement of the
   1-27  power by contempt.
   1-28        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-29        SECTION 1.  Section 5, Texas Appraiser Licensing and
   1-30  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   1-31  is amended to read as follows:
   1-32        Sec. 5.  Powers and duties of board.  (a)  The board may:
   1-33              (1)  adopt rules for the licensing and certification of
   1-34  real estate appraisers in this state in accordance with this Act
   1-35  and consistent with, but no more stringent than, applicable federal
   1-36  law;
   1-37              (2)  establish categories of appraiser certification
   1-38  and appraiser licensing, consistent with the categories of
   1-39  appraiser certification and appraiser licensing recognized by the
   1-40  Appraiser Qualifications Board, the Appraisal Standards Board, and
   1-41  the Appraisal Subcommittee, and prescribe qualifications for each
   1-42  category that are no more stringent than the qualifications
   1-43  required by the Appraiser Qualifications Board, the Appraisal
   1-44  Standards Board, and the Appraisal Subcommittee for each category;
   1-45              (3)  adopt rules relating to the education and
   1-46  experience requirements for certification and licensing as an
   1-47  appraiser in a manner that is consistent with, but no more
   1-48  stringent than, the threshold requirements adopted by the Appraiser
   1-49  Qualifications Board or the Appraisal Subcommittee;
   1-50              (4)  adopt rules relating to the qualifying examination
   1-51  required for certification or licensing as an appraiser under this
   1-52  Act;
   1-53              (5)  adopt rules establishing a code of professional
   1-54  conduct and ethics for a certified or licensed appraiser that meets
   1-55  the standards generally accepted by the Appraisal Subcommittee and
   1-56  prescribed by the Uniform Standards of Professional Appraisal
   1-57  Practice;
   1-58              (6)  establish reasonable fees to implement this Act,
   1-59  including an application fee for certification or licensing, an
   1-60  examination fee, a renewal fee for a certificate or license, a
   1-61  federal appraiser registry fee, and any other fee required by law;
   1-62              (7)  adopt rules relating to continuing education
   1-63  requirements for a licensed or certified appraiser;
   1-64              (8)  adopt rules relating to the standards for the
   1-65  development of a written appraisal by a certified or licensed
   1-66  appraiser that are consistent with the appraisal regulations
   1-67  adopted by a federal financial institution regulatory agency or the
   1-68  Uniform Standards of Professional Appraisal Practice; <and>
    2-1              (9)  grant or deny an application for the certification
    2-2  and licensing of a real estate appraiser; and
    2-3              (10)  request and, if necessary, compel by subpoena the
    2-4  attendance of witnesses for examination under oath and the
    2-5  production for inspection and copying of books, accounts, records,
    2-6  papers, correspondence, documents, and other evidence relevant to
    2-7  the investigation of alleged violations of this Act.
    2-8        (b)  If a person fails to comply with a subpoena issued under
    2-9  Subsection (a)(10) of this section, the board, acting through the
   2-10  attorney general, may file suit to enforce the subpoena in a
   2-11  district court in Travis County or in the county in which a hearing
   2-12  conducted by the board may be held.  The court, if it determines
   2-13  that good cause exists for the issuance of the subpoena, shall
   2-14  order compliance with the requirements of the subpoena.  Failure to
   2-15  obey the order of the court may be punished by the court as
   2-16  contempt.
   2-17        SECTION 2.  Section 4, Chapter 1036, Acts of the 62nd
   2-18  Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas
   2-19  Civil Statutes), is amended by adding Subsection (l) to read as
   2-20  follows:
   2-21        (l)  The commission may request and, if necessary, compel by
   2-22  subpoena the attendance of witnesses for examination under oath and
   2-23  the production for inspection and copying of books, accounts,
   2-24  records, papers, correspondence, documents, and other evidence
   2-25  relevant to the investigation of alleged violations of this Act.
   2-26  If a person fails to comply with a subpoena issued under this
   2-27  subsection, the commission, acting through the attorney general,
   2-28  may file suit to enforce the subpoena in a district court in Travis
   2-29  County or in the county in which a hearing conducted by the
   2-30  commission may be held.  The court, if it determines that good
   2-31  cause exists for the issuance of the subpoena, shall order
   2-32  compliance with the requirements of the subpoena.  Failure to obey
   2-33  the order of the court may be punished by the court as contempt.
   2-34        SECTION 3.  Chapter 9, Title 71, Revised Statutes, is amended
   2-35  by adding Article 4549-1.1 to read as follows:
   2-36        Art. 4549-1.1.  SUBPOENA POWER.  The State Board of Dental
   2-37  Examiners may request and, if necessary, compel by subpoena the
   2-38  attendance of witnesses for examination under oath and the
   2-39  production for inspection and copying of books, accounts, records,
   2-40  papers, correspondence, documents, and other evidence relevant to
   2-41  the investigation of alleged violations of the provisions of the
   2-42  statutes of the State of Texas relating to the practice of
   2-43  dentistry or any provisions of this chapter.    If a person fails
   2-44  to comply with a subpoena issued under this article, the board,
   2-45  acting through the attorney general, may file suit to enforce the
   2-46  subpoena in a district court in Travis County or in the county in
   2-47  which a hearing conducted by the board may be held.  The court, if
   2-48  it determines that good cause exists for the issuance of the
   2-49  subpoena, shall order compliance with the requirements of the
   2-50  subpoena.  Failure to obey the order of the court may be punished
   2-51  by the court as contempt.
   2-52        SECTION 4.  Section 8, The Texas Engineering Practice Act
   2-53  (Article 3271a, Vernon's Texas Civil Statutes), is amended by
   2-54  adding Subsection (d) to read as follows:
   2-55        (d)  The Board may request and, if necessary, compel by
   2-56  subpoena the attendance of witnesses for examination under oath and
   2-57  the production for inspection and copying of books, accounts,
   2-58  records, papers, correspondence, documents, and other evidence
   2-59  relevant to the investigation of alleged violations of this Act.
   2-60  If a person fails to comply with a subpoena issued under this
   2-61  subsection, the Board, acting through the attorney general, may
   2-62  file suit to enforce the subpoena in a district court in Travis
   2-63  County or in the county in which a hearing conducted by the Board
   2-64  may be held.  The court, if it determines that good cause exists
   2-65  for the issuance of the subpoena, shall order compliance with the
   2-66  requirements of the subpoena.  Failure to obey the order of the
   2-67  court may be punished by the court as contempt.
   2-68        SECTION 5.  Section 4, Texas Structural Pest Control Act
   2-69  (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
   2-70  adding Subsection (i) to read as follows:
    3-1        (i)  The board may request and, if necessary, compel by
    3-2  subpoena the attendance of witnesses for examination under oath and
    3-3  the production for inspection and copying of books, accounts,
    3-4  records, papers, correspondence, documents, and other evidence
    3-5  relevant to the investigation of alleged violations of this Act.
    3-6  If a person fails to comply with a subpoena issued under this
    3-7  subsection, the board, acting through the attorney general, may
    3-8  file suit to enforce the subpoena in a district court in Travis
    3-9  County or in the county in which a hearing conducted by the board
   3-10  may be held.  The court, if it determines that good cause exists
   3-11  for the issuance of the subpoena, shall order compliance with the
   3-12  requirements of the subpoena.  Failure to obey the order of the
   3-13  court may be punished by the court as contempt.
   3-14        SECTION 6.  Section 3, Chapter 836, Acts of the 62nd
   3-15  Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
   3-16  Civil Statutes), is amended by adding Subsection (m) to read as
   3-17  follows:
   3-18        (m)  The board may request and, if necessary, compel by
   3-19  subpoena the attendance of witnesses for examination under oath and
   3-20  the production for inspection and copying of books, accounts,
   3-21  records, papers, correspondence, documents, and other evidence
   3-22  relevant to the investigation of alleged violations of this Act.
   3-23  If a person fails to comply with a subpoena issued under this
   3-24  subsection, the board, acting through the attorney general, may
   3-25  file suit to enforce the subpoena in a district court in Travis
   3-26  County or in the county in which a hearing conducted by the board
   3-27  may be held.  The court, if it determines that good cause exists
   3-28  for the issuance of the subpoena, shall order compliance with the
   3-29  requirements of the subpoena.  Failure to obey the order of the
   3-30  court may be punished by the court as contempt.
   3-31        SECTION 7.  Section 8A, The Plumbing License Law (Article
   3-32  6243-101, Vernon's Texas Civil Statutes), is amended by adding
   3-33  Subsection (f) to read as follows:
   3-34        (f)  The Board may request and, if necessary, compel by
   3-35  subpoena the attendance of witnesses for examination under oath and
   3-36  the production for inspection and copying of books, accounts,
   3-37  records, papers, correspondence, documents, and other evidence
   3-38  relevant to the investigation of alleged violations of this Act.
   3-39  If a person fails to comply with a subpoena issued under this
   3-40  subsection, the Board, acting through the attorney general, may
   3-41  file suit to enforce the subpoena in a district court in Travis
   3-42  County or in the county in which a hearing conducted by the Board
   3-43  may be held.  The court, if it determines that good cause exists
   3-44  for the issuance of the subpoena, shall order compliance with the
   3-45  requirements of the subpoena.  Failure to obey the order of the
   3-46  court may be punished by the court as contempt.
   3-47        SECTION 8.  Section 15, The Real Estate License Act (Article
   3-48  6573a, Vernon's Texas Civil Statutes), is amended by adding
   3-49  Subsection (e) to read as follows:
   3-50        (e)  The commission may request and, if necessary, compel by
   3-51  subpoena the attendance of witnesses for examination under oath and
   3-52  the production for inspection and copying of books, accounts,
   3-53  records, papers, correspondence, documents, and other evidence
   3-54  relevant to the investigation of alleged violations of this Act.
   3-55  If a person fails to comply with a subpoena issued under this
   3-56  subsection, the commission, acting through the attorney general,
   3-57  may file suit to enforce the subpoena in a district court in Travis
   3-58  County or in the county in which a hearing conducted by the
   3-59  commission may be held.  The court, if it determines that good
   3-60  cause exists for the issuance of the subpoena, shall order
   3-61  compliance with the requirements of the subpoena.  Failure to obey
   3-62  the order of the court may be punished by the court as contempt.
   3-63        SECTION 9.  Section 10, The Property Taxation Professional
   3-64  Certification Act (Article 8885, Revised Statutes), is amended by
   3-65  adding Subsection (c) to read as follows:
   3-66        (c)  The board may request and, if necessary, compel by
   3-67  subpoena the attendance of witnesses for examination under oath and
   3-68  the production for inspection and copying of books, accounts,
   3-69  records, papers, correspondence, documents, and other evidence
   3-70  relevant to the investigation of alleged violations of this Act.
    4-1  If a person fails to comply with a subpoena issued under this
    4-2  subsection, the board, acting through the attorney general, may
    4-3  file suit to enforce the subpoena in a district court in Travis
    4-4  County or in the county in which a hearing conducted by the board
    4-5  may be held.  The court, if it determines that good cause exists
    4-6  for the issuance of the subpoena, shall order compliance with the
    4-7  requirements of the subpoena.  Failure to obey the order of the
    4-8  court may be punished by the court as contempt.
    4-9        SECTION 10.  The Veterinary Licensing Act (Article 8890,
   4-10  Revised Statutes) is amended by adding Section 13B to read as
   4-11  follows:
   4-12        Sec. 13B.  SUBPOENA POWER.  The board may request and, if
   4-13  necessary, compel by subpoena the attendance of witnesses for
   4-14  examination under oath and the production for inspection and
   4-15  copying of books, accounts, records, papers, correspondence,
   4-16  documents, and other evidence relevant to the investigation of
   4-17  alleged violations of this Act.  If a person fails to comply with a
   4-18  subpoena issued under this section, the board, acting through the
   4-19  attorney general, may file suit to enforce the subpoena in a
   4-20  district court in Travis County or in the county in which a hearing
   4-21  conducted by the board may be held.  The court, if it determines
   4-22  that good cause exists for the issuance of the subpoena, shall
   4-23  order compliance with the requirements of the subpoena.   Failure
   4-24  to obey the order of the court may be punished by the court as
   4-25  contempt.
   4-26        SECTION 11.  This Act takes effect September 1, 1993.
   4-27        SECTION 12.  The importance of this legislation and the
   4-28  crowded condition of the calendars in both houses create an
   4-29  emergency and an imperative public necessity that the
   4-30  constitutional rule requiring bills to be read on three several
   4-31  days in each house be suspended, and this rule is hereby suspended.
   4-32                               * * * * *
   4-33                                                         Austin,
   4-34  Texas
   4-35                                                         March 31, 1993
   4-36  Hon. Bob Bullock
   4-37  President of the Senate
   4-38  Sir:
   4-39  We, your Committee on State Affairs to which was referred S.B. No.
   4-40  842, have had the same under consideration, and I am instructed to
   4-41  report it back to the Senate with the recommendation that it do not
   4-42  pass, but that the Committee Substitute adopted in lieu thereof do
   4-43  pass and be printed.
   4-44                                                         Harris of
   4-45  Dallas, Chairman
   4-46                               * * * * *
   4-47                               WITNESSES
   4-48  No witnesses appeared on S.B No. 842.