H.B. No. 1065
    1-1                                AN ACT
    1-2  relating to the practice of property tax consulting.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1(a)(6), Article 8886, Revised Statutes,
    1-5  is amended to read as follows:
    1-6              (6)  "Property tax consultant" means a person who
    1-7  performs or supervises others in the performance of property tax
    1-8  consulting services for compensation.
    1-9        SECTION 2.  Sections 2(c), (d), and (f), Article 8886,
   1-10  Revised Statutes, are amended to read as follows:
   1-11        (c)  A person may not represent that an individual is a
   1-12  registered property tax consultant, agent, advisor, or
   1-13  representative unless the individual is a registered property tax
   1-14  consultant or registered senior property tax consultant.
   1-15        (d)  The registration requirement imposed under Subsection
   1-16  (a) of this section does not apply to:
   1-17              (1)  an individual acting under a general power of
   1-18  attorney, unless the individual represents that the individual is a
   1-19  property tax consultant, agent, advisor, or representative;
   1-20              (2)  an individual licensed to practice law in this
   1-21  state;
   1-22              (3)  an employee of a property owner or of an
   1-23  affiliated or subsidiary company of a property owner, if the
   1-24  employee performs property tax consulting services for the property
    2-1  owner or for a partnership, joint venture, or corporation in which
    2-2  the property owner owns an interest;
    2-3              (4)  a property owner's lessee who is designated as the
    2-4  agent of the property owner in accordance with Section 1.111, Tax
    2-5  Code;
    2-6              (5)  a public employee or officer who provides
    2-7  assistance to a property owner in the course of the employee's or
    2-8  officer's duties;
    2-9              (6)  a certified public accountant under the Public
   2-10  Accountancy Act of 1991 <1979> (Article 41a-1, Vernon's Texas Civil
   2-11  Statutes); <or>
   2-12              (7)  an individual who assists another person in the
   2-13  performance of property tax consulting services or provides
   2-14  testimony on behalf of the other person at a protest hearing under
   2-15  Subchapter C, Chapter 41, Tax Code, unless the individual is
   2-16  designated as the person's agent under Section 1.111, Tax Code, or
   2-17  more than 50 percent of the individual's employment time is devoted
   2-18  to or income is derived from performing or supervising the
   2-19  performance of property tax consulting services; or
   2-20              (8)  an individual who holds an active license as a
   2-21  real estate broker or salesman under The Real Estate License Act
   2-22  (Article 6573a, Vernon's Texas Civil Statutes), or an active
   2-23  license as a state-licensed real estate appraiser or
   2-24  state-certified real estate appraiser under the Texas Appraiser
   2-25  Licensing and Certification Act (Article 6573a.2, Vernon's Texas
   2-26  Civil Statutes) providing property tax consultant services in
   2-27  connection with single-family residences.
    3-1        (f)  The requirements imposed by Subsection (b) of this
    3-2  section and Subsections (b) and (c) of Section 3 of this article do
    3-3  not apply to an individual who applies for registration under this
    3-4  article before March 1, 1992, and who, on the date of the
    3-5  application, is licensed and on active status as a real estate
    3-6  broker under The Real Estate License Act (Article 6573a, Vernon's
    3-7  Texas Civil Statutes), unless the individual performs or supervises
    3-8  the performance of property tax consulting services for
    3-9  compensation in connection with a property that is not real
   3-10  property.  Subsection (b) of this section does not apply to an
   3-11  individual who is registered under Section 3(b)(2) of this article.
   3-12        SECTION 3.  Sections 3(a) and (b), Article 8886, Revised
   3-13  Statutes, are amended to read as follows:
   3-14        (a)  To be eligible to register under this article, an
   3-15  individual must:
   3-16              (1)  have the following qualifications:
   3-17                    (A)  be at least 18 years of age;
   3-18                    (B) <(2)>  hold a high school diploma or an
   3-19  equivalent credential;
   3-20                    (C) <(3)>  pay the fees required by the
   3-21  commission;
   3-22                    (D) <(4)>  establish a place of business in this
   3-23  state or designate an agent for service of legal process who is a
   3-24  resident of this state; and
   3-25                    (E) <(5)>  meet any additional qualifications
   3-26  required by this article or by the commissioner in the exercise of
   3-27  the commissioner's authority under this article or under Article
    4-1  9100, Revised Statutes; or
    4-2              (2)  hold an active license as a real estate broker or
    4-3  salesman under The Real Estate License Act (Article 6573a, Vernon's
    4-4  Texas Civil Statutes), or an active license as a state-licensed
    4-5  real estate appraiser or state-certified real estate appraiser
    4-6  under the Texas Appraiser Licensing and Certification Act (Article
    4-7  6573a.2, Vernon's Texas Civil Statutes).
    4-8        (b)  To be eligible to register as a property tax consultant
    4-9  under this article, an applicant must:
   4-10              (1)  complete at least 15 classroom hours of
   4-11  educational courses approved by the commissioner, of which at least
   4-12  four hours must include instruction on laws and legal issues in
   4-13  this state related to property tax consulting services; or
   4-14              (2)  furnish evidence to the commission that the
   4-15  applicant:
   4-16                    (A)  holds an active license as a real estate
   4-17  broker or salesman under The Real Estate License Act (Article
   4-18  6573a, Vernon's Texas Civil Statutes), or an active license as a
   4-19  state-licensed real estate appraiser or state-certified real estate
   4-20  appraiser under the Texas Appraiser Licensing and Certification Act
   4-21  (Article 6573a.2, Vernon's Texas Civil Statutes); and
   4-22                    (B)  has completed at least four classroom hours
   4-23  in educational programs or courses on the legal issues and laws
   4-24  related to property tax consulting services.
   4-25        SECTION 5.  Section 5, Article 8886, Revised Statutes, is
   4-26  amended by adding Subsection (h) to read as follows:
   4-27        (h)  A continuing education course, including a course on the
    5-1  legal issues and law related to property tax consulting services,
    5-2  approved by the Texas Real Estate Commission or the Texas Appraiser
    5-3  Licensing and Certification Board and completed by a registrant who
    5-4  holds an active license as a real estate broker or salesman under
    5-5  The Real Estate License Act (Article 6573a, Vernon's Texas Civil
    5-6  Statutes), or an active license as a state-licensed real estate
    5-7  appraiser or state-certified real estate appraiser under the Texas
    5-8  Appraiser Licensing and Certification Act (Article 6573a.2,
    5-9  Vernon's Texas Civil Statutes), shall be recognized by the
   5-10  commissioner as an appropriate continuing education program for the
   5-11  purposes of this section.
   5-12        SECTION 6.  This Act takes effect September 1, 1995.
   5-13        SECTION 7.  The importance of this legislation and the
   5-14  crowded condition of the calendars in both houses create an
   5-15  emergency and an imperative public necessity that the
   5-16  constitutional rule requiring bills to be read on three several
   5-17  days in each house be suspended, and this rule is hereby suspended.