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).