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.