BILL ANALYSIS


                                                        H.B. 1065
                                              By: Brimer (Sibley)
                                             Economic Development
                                                         05-17-95
                                Senate Committee Report (Amended)
BACKGROUND

The 72nd Legislature passed Article 8886, V.T.C.S., requiring
persons conducting property tax consulting services to obtain a
license to perform these services.  Some professions, such as
attorneys and certified public accountants were exempted from this
statute while others, including real estate brokers, salesmen, or
appraisers were not exempted.

PURPOSE

As proposed, H.B. 1065 amends qualifications and requirements that
a person must fulfill in order to be a registered property tax
consultant, agent, advisor, or representative.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1(a)(6), Article 8886, V.T.C.S., to
redefine "property tax consultant."

SECTION 2. Amends Sections 2(c), (d), and (f), Article 8886,
V.T.C.S., as follows:

     (c) Prohibits a person from representing that an individual is
     a registered property tax consultant, agent, advisor, or
     representative unless the individual is a registered property
     tax consultant or registered senior property tax consultant.
     
     (d) Sets forth individuals to whom the registration
     requirement imposed under Subsection (a) does not apply,
     including an individual who holds an active license as a real
     estate broker or salesman under Article 6573a, V.T.C.S. (The
     Real Estate License Act), or an active license as a state-license real estate appraiser or state-certified real estate
     appraiser under Article 6573a.2, V.T.C.S. (Texas Appraiser
     Licensing and Certification Act), providing property tax
     consultant services in connection with single-family
     residences.
     
     (f) Provides that Subsection (b) does not apply to an
     individual who is registered under Section 3(b)(2).
     
     SECTION 3.     Amends Sections 3(a) and (b), Article 8886, V.T.C.S.,
as follows:

     (a) Requires an individual, to be eligible to register under
     this article, to meet certain qualifications; or to hold an
     active license as a real estate broker or salesman under
     Article 6573a, V.T.C.S., or an active license as a state-licensed real estate appraiser or state-certified real estate
     appraiser under Article 6573a.2, V.T.C.S.
     
     (b) Requires an applicant, to be eligible to register as a
     property tax consultant under this article, to meet certain
     requirements, including furnishing evidence to the Texas
     Commission of Licensing and Regulation that the applicant
     holds an active license as a real estate broker or salesman
     under Article 6573a, V.T.C.S., or an active license as a
     state-licensed real estate appraiser or state-certified real
     estate appraiser under Article 6573a.2, V.T.C.S.; and has
     completed at least four classroom hours in educational
     programs or courses on the legal issues and the laws related
     to property tax consulting services.
     
     SECTION 5.     Amends Section 5, Article 8886, V.T.C.S., by adding
Subsection (h), to require a continuing education course to be
recognized by the commissioner of licensing and regulation as an
appropriate continuing education program for the purposes of this
section, including a course on legal issues and laws related to
property tax consulting services, approved by the Texas Real Estate
Commission or the Texas Appraiser Licensing and Certification Board
and completed by a registrant who holds an active license as a real
estate broker or salesman under Article 6573a, V.T.C.S., or an
active license as a state-licensed real estate appraiser or state-certified real estate appraiser under Article 6573a.2, V.T.C.S.

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Emergency clause.