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.