By Counts                                              H.B. No. 612
          Substitute the following for H.B. No. 612:
          By Jones of Lubbock                                C.S.H.B. No. 612
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating the regulation of real estate appraisers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3, Texas Appraiser Licensing and
    1-5  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    1-6  is amended by amending Subdivision (1) and adding Subdivisions
    1-7  (15), (16), (17), (18), and (19) to read as follows:
    1-8              (1)  "Appraisal" means the act or process of estimating
    1-9  value; an estimate of value <a written statement used in connection
   1-10  with a federally related transaction that is independently and
   1-11  impartially prepared by a licensed or certified appraiser that
   1-12  states an opinion of the defined value of an adequately described
   1-13  property as of a specific date that is supported by the
   1-14  presentation and analysis of relevant market information>.
   1-15              (15)  "Complete appraisal" means an appraisal performed
   1-16  without invoking the departure provision.
   1-17              (16)  "Departure provision" means a permitted limited
   1-18  departure from a section of the Uniform Standards of Professional
   1-19  Appraisal Practice that is:
   1-20                    (A)  classified as a specific guideline rather
   1-21  than a binding requirement; and
   1-22                    (B)  permitted only if the result of the
   1-23  departure is not confusing or misleading and the specific guideline
   1-24  from which the appraiser departs is reported.
    2-1              (17)  "Evaluation" means an estimate of value that is
    2-2  no more than a limited appraisal and can be presented in a format
    2-3  that is less than a self-contained report and that is prepared by a
    2-4  certified or licensed real estate appraiser or other real estate
    2-5  professional, including an estimate of a property's market value, a
    2-6  certification and limiting conditions, and an analysis of the
    2-7  supporting information used in forming the estimate of value.
    2-8              (18)  "Limited appraisal" means an appraisal in which
    2-9  the departure provision is invoked.
   2-10              (19)  "Self-contained report" means a report that
   2-11  includes sufficient information to indicate that the appraiser
   2-12  complies with the requirements of Standard 1 and Standard 2 of the
   2-13  Uniform Standards of Professional Appraisal Practice and describes
   2-14  all data necessary for the user of the appraisal to follow the
   2-15  conclusions without reference to additional materials.
   2-16        SECTION 2.  Section 5(a), Texas Appraiser Licensing and
   2-17  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   2-18  as amended by Chapters 416 and 980, Acts of the 73rd Legislature,
   2-19  Regular Session, 1993, is amended to read as follows:
   2-20        (a)  The board may:
   2-21              (1)  adopt rules for the licensing and certification of
   2-22  real estate appraisers in this state in accordance with this Act
   2-23  and consistent with, but no more stringent than, applicable federal
   2-24  law;
   2-25              (2)  establish categories of appraiser certification
   2-26  and appraiser licensing, consistent with the categories of
   2-27  appraiser certification and appraiser licensing recognized by the
    3-1  Appraiser Qualifications Board, the Appraisal Standards Board, and
    3-2  the Appraisal Subcommittee, and prescribe qualifications for each
    3-3  category that are no more stringent than the qualifications set
    3-4  forth <required> by the Appraiser Qualifications Board, the
    3-5  Appraisal Standards Board, and the Appraisal Subcommittee for each
    3-6  category;
    3-7              (3)  adopt rules relating to the education and
    3-8  experience requirements for certification and licensing as an
    3-9  appraiser in a manner that is consistent with, but no more
   3-10  stringent than, the guidelines recognized by <threshold
   3-11  requirements adopted by the Appraiser Qualifications Board or> the
   3-12  Appraisal Subcommittee;
   3-13              (4)  adopt rules relating to the qualifying examination
   3-14  required for certification or licensing as an appraiser under the
   3-15  Act;
   3-16              (5)  adopt rules requiring <establishing a code of
   3-17  professional conduct and ethics for> a certified or licensed
   3-18  appraiser to comply with <that meets the> standards of competency,
   3-19  professional conduct, and ethics generally accepted by the
   3-20  Appraisal Subcommittee and prescribed by the Uniform Standards of
   3-21  Professional Appraisal Practice, as adopted by the Appraisal
   3-22  Foundation;
   3-23              (6)  establish reasonable fees to implement this Act,
   3-24  including an application fee for certification or licensing, an
   3-25  examination fee, a renewal fee for a certificate or license, a
   3-26  federal appraiser registry fee, and other appropriate fees;
   3-27              (7)  adopt rules relating to continuing education
    4-1  requirements for a licensed or certified appraiser;
    4-2              (8)  adopt rules relating to the standards for the
    4-3  development of an <a written> appraisal and the conveyance of an
    4-4  appraisal report by a certified or licensed appraiser that are
    4-5  consistent with <the appraisal regulations adopted by a federal
    4-6  financial institution regulatory agency or> the Uniform Standards
    4-7  of Professional Appraisal Practice;
    4-8              (9)  grant or deny an application for the certification
    4-9  and licensing of a real estate appraiser;
   4-10              (10)  institute an action in its own name in a district
   4-11  court of Travis County against a person, firm, corporation,
   4-12  partnership, or any other group or combination of persons to enjoin
   4-13  a violation of this Act or a rule adopted by the board under this
   4-14  Act with the attorney general as legal advisor to the board to
   4-15  provide any necessary legal assistance;
   4-16              (11)  adopt rules as necessary to conform with the
   4-17  minimum written standards of the Appraisal Subcommittee by
   4-18  incorporating the Uniform Standards of Professional Appraisal
   4-19  Practice; and
   4-20              (12)  conduct disciplinary proceedings with regard to
   4-21  appraisers in this state <except in circumstances when an appraiser
   4-22  is required to be licensed or certified by another state agency to
   4-23  perform property appraisals>.
   4-24        SECTION 3.  Section 6, Texas Appraiser Licensing and
   4-25  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   4-26  is amended by adding Subsection (1) to read as follows:
   4-27              (1)  If the federal government removes the requirements
    5-1  for the preparation or use of an appraisal by federally regulated
    5-2  financial institutions, the board shall be subject to Chapter 325,
    5-3  Government Code (Texas Sunset Act), and be subject to sunset review
    5-4  in the next regular session of the legislature following the date
    5-5  of the federal government's action.  Unless continued in existence
    5-6  by that legislature as provided by that chapter, the board is
    5-7  abolished and this Act expires on the 90th day after the last day
    5-8  of the regular session of that legislature.
    5-9        SECTION 4.  Section 9(a), (c), and (e)-(j), Texas Appraiser
   5-10  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   5-11  Civil Statutes), are amended to read as follows:
   5-12        (a)  To become a state certified real estate appraiser, a
   5-13  person must:
   5-14              (1)  pass the real estate appraiser certification
   5-15  examination required under Section 10 of this Act;
   5-16              (2)  successfully complete the number and type of
   5-17  classroom hours required by the guidelines recognized by the
   5-18  Appraisal Subcommittee <Appraiser Qualifications Board for the
   5-19  levels of certification that may from time to time be approved>;
   5-20  and
   5-21              (3)  present evidence satisfactory to the board that
   5-22  the applicant has at least the minimum number of <2,000> hours of
   5-23  experience in appraisals over the specified number <a minimum of
   5-24  two> of calendar years as set forth in the guidelines recognized by
   5-25  the Appraisal Subcommittee.
   5-26        (c)  Acceptable appraisal experience for the purposes of the
   5-27  determination of the qualifications of an applicant for
    6-1  certification or licensing under this Act includes the categories
    6-2  set forth in the guidelines recognized by the Appraisal
    6-3  Subcommittee <a fee and staff appraisal, an ad valorem tax
    6-4  appraisal, an appraisal review, an appraisal analysis, real estate
    6-5  counseling, a highest and best use analysis, a feasibility
    6-6  analysis, a feasibility study, or teaching of appraisal courses>.
    6-7  Any one or any combination of these categories may be acceptable
    6-8  for the completion of the experience requirement <1,000 hours of
    6-9  credit each year.  An applicant may receive not more than 500 hours
   6-10  of credit each year from the teaching of appraisal courses>.
   6-11  Experience as a real estate lending officer of a financial
   6-12  institution or as a real estate broker is acceptable experience if
   6-13  the experience includes the actual performance or technical
   6-14  <professional> review of real estate appraisals.  An hour of
   6-15  experience means 60 minutes expended in one or more of the
   6-16  acceptable appraisal experience areas recognized <designated> by
   6-17  this Act.  Calculations of the hours of experience must be based
   6-18  solely on actual hours of experience.
   6-19        (e)  The board shall adopt a reliable means of validating the
   6-20  education submitted by applicants for certification and licensing.
   6-21        (f)  The board shall adopt a reliable means to verify the
   6-22  evidence of acceptable appraisal experience submitted by an
   6-23  applicant for certification or licensing by relying on appropriate
   6-24  sampling techniques applied to not more than five percent of the
   6-25  applications received by the board.  If an application is selected
   6-26  to be verified, the applicant has at least 60 days after the date
   6-27  of selection to prepare any records.  The information required by
    7-1  the board may not be more than the information the board may obtain
    7-2  under Subsections (h)(1) and (2) of this section.
    7-3        (g)  An applicant for certification or licensing must furnish
    7-4  under oath, on an affidavit form prescribed by the board, a
    7-5  statement that the applicant has the required number of <equivalent
    7-6  of 2,000> hours of experience in performing appraisals as set out
    7-7  in the guidelines recognized by the Appraisal Subcommittee.
    7-8        (h)  If a consumer complaint or peer complaint is brought
    7-9  against the applicant alleging fraud, incompetency, or malpractice
   7-10  and the board finds the complaint is reasonable or if the board
   7-11  determines other just cause exists for requiring further
   7-12  information, the board may obtain the additional information or
   7-13  documentation requested by:
   7-14              (1)  requiring the applicant to complete a form,
   7-15  prescribed by the board, that includes detailed listings of
   7-16  appraisal experience showing, for each appraisal claimed by the
   7-17  applicant, the city or county where the appraisal was performed,
   7-18  the type and description of the building or property appraised, the
   7-19  approaches to value utilized in the appraisal, the actual number of
   7-20  hours expended on the appraisal, and other information determined
   7-21  to be appropriate by the board; or
   7-22              (2)  engaging in other investigative research
   7-23  determined to be appropriate by the board.
   7-24        (I) <(f)>  An applicant for licensing or certification must
   7-25  satisfy the board as to the applicant's honesty, trustworthiness,
   7-26  and integrity.
   7-27        (j) <(g)>  An applicant for licensing or certification shall
    8-1  be given credit toward fulfilling the requirements of Subsections
    8-2  (a)(2) and (b)(2) of this section for classroom hours taken in the
    8-3  course of becoming licensed as a real estate broker or salesman or
    8-4  for taking professional development or continuing education
    8-5  courses, whether as a real estate broker or salesman or as an
    8-6  employee of a financial institution engaged in real estate-related
    8-7  financial transactions, if the classroom hours satisfy the
    8-8  requirements <of> set forth in the guidelines recognized by the
    8-9  Appraisal Subcommittee <the Appraiser Qualifications Board>.
   8-10        SECTION 5.  The Texas Appraiser Licensing and Certification
   8-11  Act (Article 6573a.2, Vernon's Texas Civil Statutes), is amended by
   8-12  adding Section 9A to read as follows:
   8-13        Sec. 9A.  ALTERNATIVE METHODS OF LICENSING.  (a)  If an
   8-14  applicant for the appraiser trainee classification can demonstrate
   8-15  to the board that the applicant has, after completing the
   8-16  applicant's classroom education requirements, failed to secure
   8-17  sponsorship from at least two certified appraisers in order to
   8-18  obtain the 2,000 hours of acceptable experience required for
   8-19  licensing, the applicant may apply to the board to take the
   8-20  licensing examination under Section 10 of this Act.
   8-21        (b)  An applicant under this section who passes the licensing
   8-22  examination required under Section 10 of this Act and who meets any
   8-23  other requirements for licensing, except for the actual appraisal
   8-24  experience requirement, shall be licensed by the board.
   8-25        (c)  An applicant receiving a license under Subsection (b) of
   8-26  this section must complete the actual appraisal experience
   8-27  requirement not later than the 60th month after the date the
    9-1  license was issued.  Failure to complete the appraisal experience
    9-2  requirement by that date and to report a portion of the appraisal
    9-3  experience requirements each renewal period constitutes grounds for
    9-4  the automatic revocation of the license.
    9-5        SECTION 6.  Section 13(c) and (d), Texas Appraiser Licensing
    9-6  and Certification Act (Article 6573a.2, Vernon's Texas Civil
    9-7  Statutes), are amended to read as follows:
    9-8        (c)  The board shall collect from each licensed or certified
    9-9  appraiser an annual registry fee established by the board in an
   9-10  amount not to exceed <$25 or> the <maximum> amount required by the
   9-11  Appraisal Subcommittee.  The fee shall be transmitted to the
   9-12  Appraisal Subcommittee <council> on a regular <an annual> basis as
   9-13  required by federal law.
   9-14        (d)  All registry fees collected by the board shall be
   9-15  deposited in the state treasury to the credit of a special fund to
   9-16  be known as the appraiser registry fund.  <The board shall send the
   9-17  fees to the council as required by federal law.>
   9-18        SECTION 7.  Section 14(b), Texas Appraiser Licensing and
   9-19  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   9-20  is amended to read as follows:
   9-21        (b)  A license or certification may be renewed on payment of
   9-22  a renewal fee prescribed by the board and on furnishing evidence
   9-23  satisfactory to the board <and the Appraiser Qualifications Board>
   9-24  that the holder of the license or certification has completed <any>
   9-25  continuing education requirements that comply with the guidelines
   9-26  recognized by the Appraisal Subcommittee and are imposed by rule
   9-27  under this Act<, met the experience requirements of this Act, and
   10-1  complied with any minimum or maximum requirements set forth in the
   10-2  criteria of the Appraiser Qualifications Board>.  The board shall
   10-3  accept as continuing education any educational offering that
   10-4  complies with the guidelines recognized by the Appraisal
   10-5  Subcommittee that <continuing education> a licensed or certified
   10-6  appraiser was awarded by a national appraiser organization approved
   10-7  by the board as a provider of qualifying appraiser education.
   10-8        SECTION 8.  Section 15(c), (d), and (f), Texas Appraiser
   10-9  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
  10-10  Civil Statutes), are amended to read as follows:
  10-11        (c)  A person registered with the board under this section
  10-12  may appraise real property in this state without holding a license
  10-13  or certification issued under this Act if:
  10-14              (1)  the state, commonwealth, or territory licensing
  10-15  and certification program under which the person holds a license or
  10-16  certification has not been disapproved by the Appraisal
  10-17  Subcommittee; and
  10-18              (2)  <the real property being appraised is part of a
  10-19  federally related transaction; and>
  10-20              <(3)>  the appraiser's business in this state is of a
  10-21  temporary nature not to exceed 60 days.
  10-22        (d)  If the board determines that another state has
  10-23  <substantially equivalent> certification or licensure requirements
  10-24  that have not been disapproved by the Appraisal Subcommittee <to
  10-25  those of this state>, an applicant who is certified or licensed
  10-26  under the laws of that state may obtain certification as a state
  10-27  certified real estate appraiser or licensure as a state licensed
   11-1  real estate appraiser in this state under the terms and conditions
   11-2  set <determined> by the board.  The terms and conditions must
   11-3  comply with the minimum criteria for certification or licensure
   11-4  recognized <issued> by the Appraisal Subcommittee <Appraiser
   11-5  Qualifications Board of the Appraisal Foundation>.  The fee charged
   11-6  to an appraiser from another state and the form submitted by the
   11-7  appraiser for reciprocity must be comparable to the fee and form
   11-8  required by the state where the appraiser is certified or licensed.
   11-9        (f)  An application may not be accepted from <for> an
  11-10  applicant from a state that refuses to offer reciprocal treatment
  11-11  to residents of this state who are certified or licensed real
  11-12  estate appraisers.
  11-13        SECTION 9.  Section 18(b), Texas Appraiser Licensing and
  11-14  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  11-15  is amended to read as follows:
  11-16        (b)  This Act does not prohibit:
  11-17              (1)  a real estate broker or salesman licensed under
  11-18  the Texas Real Estate Act (Article 6573a, Vernon's Texas Civil
  11-19  Statutes) but not licensed or certified under this Act from
  11-20  performing an appraisal in a nonfederally related transaction;
  11-21              (2)  the requirement of a real estate broker's or
  11-22  salesman's license for an appraisal in nonfederally related
  11-23  transactions by a person not licensed or certified under this Act;
  11-24  <or>
  11-25              (3)  a real estate broker or salesman licensed under
  11-26  the Real Estate License Act (Article 6573a, Vernon's Texas Civil
  11-27  Statutes) <and its subsequent amendments> from giving an opinion in
   12-1  the ordinary course of the broker's or salesman's business to a
   12-2  potential seller or third party as to the recommended listing price
   12-3  of real estate or to a potential purchaser or third party as to the
   12-4  recommended purchase price of real estate if the opinion given
   12-5  under this subdivision is not referred to as an appraisal; or
   12-6              (4)  a person, including a licensed or certified
   12-7  appraiser, from performing or providing an evaluation of real
   12-8  property for another person, including a financial institution.
   12-9        SECTION 10.  Section 21(a), Texas Appraiser Licensing and
  12-10  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
  12-11  is amended to read as follows:
  12-12        (a)  A person commits an offense if the person knowingly or
  12-13  intentionally violates Section 4(c) of this Act or knowingly or
  12-14  intentionally furnishes false information in connection with an
  12-15  affidavit filed under Section 9 <(9e)> of this Act.
  12-16        SECTION 11.  This Act takes effect September 1, 1995.
  12-17        SECTION 12.  The importance of this legislation and the
  12-18  crowded condition of the calendars in both houses create an
  12-19  emergency and an imperative public necessity that the
  12-20  constitutional rule requiring bills to be read on three several
  12-21  days in each house be suspended, and this rule is hereby suspended.