By Counts                                              H.B. No. 612
       74R2631 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of real estate appraisers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 5(a), Texas Appraiser Licensing and
    1-5  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    1-6  as amended by Chapters 416 and 980, Acts of the 73rd Legislature,
    1-7  Regular Session, 1993, is amended to read as follows:
    1-8        (a)  The board may:
    1-9              (1)  adopt rules for the licensing and certification of
   1-10  real estate appraisers in this state as provided by <in accordance
   1-11  with> this Act and consistent with, but no more stringent than,
   1-12  applicable federal law;
   1-13              (2)  establish categories of appraiser certification
   1-14  and appraiser licensing, consistent with the categories of
   1-15  appraiser certification and appraiser licensing recognized by the
   1-16  Appraiser Qualifications Board, the Appraisal Standards Board, and
   1-17  the Appraisal Subcommittee, and prescribe qualifications for each
   1-18  category that are no more stringent than the qualifications
   1-19  required by the Appraiser Qualifications Board, the Appraisal
   1-20  Standards Board, and the Appraisal Subcommittee for each category;
   1-21              (3)  adopt rules relating to the education and
   1-22  experience requirements for certification and licensing as an
   1-23  appraiser in a manner that is consistent with, but no more
   1-24  stringent than, the threshold requirements adopted by the Appraiser
    2-1  Qualifications Board or the Appraisal Subcommittee;
    2-2              (4)  adopt rules relating to the qualifying examination
    2-3  required for certification or licensing as an appraiser under this
    2-4  Act;
    2-5              (5)  adopt rules establishing a code of professional
    2-6  conduct and ethics for a certified or licensed appraiser that meets
    2-7  the standards generally accepted by the Appraisal Subcommittee and
    2-8  prescribed by the Uniform Standards of Professional Appraisal
    2-9  Practice;
   2-10              (6)  establish reasonable fees to implement this Act,
   2-11  including an application fee for certification or licensing, an
   2-12  examination fee, a renewal fee for a certificate or license, a
   2-13  federal appraiser registry fee, and other appropriate fees;
   2-14              (7)  adopt rules relating to continuing education
   2-15  requirements for a licensed or certified appraiser;
   2-16              (8)  adopt rules relating to the standards for the
   2-17  development of a written appraisal by a certified or licensed
   2-18  appraiser that are consistent with the appraisal regulations
   2-19  adopted by a federal financial institution regulatory agency or the
   2-20  Uniform Standards of Professional Appraisal Practice;
   2-21              (9)  grant or deny an application for the certification
   2-22  and licensing of a real estate appraiser;  <and>
   2-23              (10)  request and, if necessary, compel by subpoena the
   2-24  attendance of witnesses for examination under oath and the
   2-25  production for inspection and copying of books, accounts, records,
   2-26  papers, correspondence, documents, and other evidence relevant to
   2-27  the investigation of alleged violations of this Act;<.>
    3-1              (11) <(10)>  institute an action in its own name in a
    3-2  district court of Travis County against a person, firm,
    3-3  corporation, partnership, or any other group or combination of
    3-4  persons to enjoin a violation of this Act or a rule adopted by the
    3-5  board under this Act with the attorney general as legal advisor to
    3-6  the board to provide any necessary legal assistance;
    3-7              (12) <(11)>  adopt rules as necessary to conform with
    3-8  the minimum written standards of the Appraisal Subcommittee; and
    3-9              (13) <(12)>  conduct disciplinary proceedings with
   3-10  regard to appraisers in this state except in circumstances when an
   3-11  appraiser is required to be licensed or certified by another state
   3-12  agency to perform property appraisals.
   3-13        SECTION 2.  Section 10(a), Texas Appraiser Licensing and
   3-14  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
   3-15  is amended to read as follows:
   3-16        (a)  The board shall prescribe an appraiser examination.  The
   3-17  examination must be written and must be approved by the Appraisal
   3-18  Foundation or its successor agency.  The examination must be
   3-19  consistent with, but no more stringent than, the Uniform State
   3-20  Certification/Licensing Examination guidelines endorsed by the
   3-21  Appraiser Qualifications Board.  The board may contract with a
   3-22  testing service to administer the examination.  The testing service
   3-23  may collect an examination fee from an applicant for certification
   3-24  or licensing.  The board shall have the written portion of the
   3-25  examination, if any, validated by an independent testing service.
   3-26        SECTION 3.  Section 14(b), Texas Appraiser Licensing and
   3-27  Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
    4-1  is amended to read as follows:
    4-2        (b)  A license or certification may be renewed on payment of
    4-3  a renewal fee prescribed by the board and on furnishing evidence
    4-4  satisfactory to the board and the Appraiser Qualifications Board
    4-5  that the holder of the license or certification has completed any
    4-6  continuing education requirements imposed by rule under this Act,
    4-7  met the experience requirements of this Act, and complied with any
    4-8  minimum or maximum requirements of the Appraiser Qualifications
    4-9  Board.  The board shall accept as continuing education any
   4-10  continuing education a licensed or certified appraiser received
   4-11  from <was awarded by> a national appraiser organization approved by
   4-12  the board as a provider of qualifying appraisal education.
   4-13        SECTION 4.  This Act takes effect September 1, 1995.
   4-14        SECTION 5.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.