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.