BILL ANALYSIS H.B. 1065 By: Brimer 4-4-95 Committee Report (Unamended) BACKGROUND Article 8886 of the Revised Civil Statutes was passed in the 72nd legislative session requiring a license for those persons who conduct property tax consultant services. While attorneys, CPA's, and others were exempted from Article 8886, real estate brokers, salesman or appraiser were not exempted. The educational prerequisites necessary for a person to obtain a real estate broker, salesman or appraiser license, coupled with increased continuing education, are sufficient to insure adequate protection to the public. PURPOSE H.B. 1065 permits licensed real estate brokers, salesmen, or appraisers to perform property tax consulting to property owners under the authority of the broker, salesman, or appraiser license. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1(a)(6), Article 8886, Revised Statutes, (6) adds for compensation to the definition of a property tax consultant. compensation. SECTION 2. Amends Section 2(c) and (d), Article 8889, Revised Statutes, (c) prohibits a person from representing that they are a registered tax consultant. (d) registration requirement does not apply to a real estate broker or real estate salesman licensed under The Real Estate License Act and a state-licensed real estate appraiser or a state-certified real estate appraiser licensed or certified under the Texas Appraisal Licensing and Certification Act. SECTION 3. Repeals Section 2(f), Article 8886, Revised Statutes. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency Clause. SUMMARY OF COMMITTEE ACTION HB 1065 was heard in a Public Hearing on March 29, 1995. The Chair recognized the following persons to testify in favor of the bill: Mr. Tom Stacy, Omni Commercial Realty Advisors, Inc.; Mr. Ronald J. Walker, Texas Assoc. of Realtors, General Counsel; Mr. Roger Miller, Foundation Appraisers Coalition of Texas; The Chair recognized the following persons to testify against the bill: Mr. Breck Bostwick, Tx. Assoc. of Property Tax Professionals; Mr. Glenn J. Straus, Straus and Co., & the Tx. Assoc. of Property Tax Professionals; Mr. Paul Pennington, P.E. Pennington & Co.; The Chair recognized the following person to testify, registering neutral on the bill: Ms. Diana Kinzie, Real Estate Salesperson; The Chair recognized the following person to testify as a Resource Witness, registering neutral on the bill: Mr. James D. Brush, Tx. Dept. of Licensing and Regulation; H.B. 1065 was left pending in committee. HB 1065 was heard in a Formal Meeting on April 4, 1995. Representative Jones moved that the full committee adopt HB 1065, and that it be reported favorably to the full House with the recommendation that it do pass and be printed. The motion prevailed by the following vote: AYES: (9), NAYS: (0), ABSENT: (0).