1-1 By: Brimer, et al. (Senate Sponsor - Sibley) H.B. No. 1065
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Economic
1-4 Development; May 18, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 6, Nays 0; May 18, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Sibley
1-7 Amend House Bill 1065 (as engrossed) in SECTION 2 on Page 2, Line
1-8 26, after "Statutes)" and before the "." by adding the following:
1-9 "providing property tax consultant services in connection with
1-10 single-family residences".
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to the practice of property tax consulting.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 1(a)(6), Article 8886, Revised Statutes,
1-16 is amended to read as follows:
1-17 (6) "Property tax consultant" means a person who
1-18 performs or supervises others in the performance of property tax
1-19 consulting services for compensation.
1-20 SECTION 2. Sections 2(c), (d), and (f), Article 8886,
1-21 Revised Statutes, are amended to read as follows:
1-22 (c) A person may not represent that an individual is a
1-23 registered property tax consultant, agent, advisor, or
1-24 representative unless the individual is a registered property tax
1-25 consultant or registered senior property tax consultant.
1-26 (d) The registration requirement imposed under Subsection
1-27 (a) of this section does not apply to:
1-28 (1) an individual acting under a general power of
1-29 attorney, unless the individual represents that the individual is a
1-30 property tax consultant, agent, advisor, or representative;
1-31 (2) an individual licensed to practice law in this
1-32 state;
1-33 (3) an employee of a property owner or of an
1-34 affiliated or subsidiary company of a property owner, if the
1-35 employee performs property tax consulting services for the property
1-36 owner or for a partnership, joint venture, or corporation in which
1-37 the property owner owns an interest;
1-38 (4) a property owner's lessee who is designated as the
1-39 agent of the property owner in accordance with Section 1.111, Tax
1-40 Code;
1-41 (5) a public employee or officer who provides
1-42 assistance to a property owner in the course of the employee's or
1-43 officer's duties;
1-44 (6) a certified public accountant under the Public
1-45 Accountancy Act of 1991 <1979> (Article 41a-1, Vernon's Texas Civil
1-46 Statutes); <or>
1-47 (7) an individual who assists another person in the
1-48 performance of property tax consulting services or provides
1-49 testimony on behalf of the other person at a protest hearing under
1-50 Subchapter C, Chapter 41, Tax Code, unless the individual is
1-51 designated as the person's agent under Section 1.111, Tax Code, or
1-52 more than 50 percent of the individual's employment time is devoted
1-53 to or income is derived from performing or supervising the
1-54 performance of property tax consulting services; or
1-55 (8) an individual who holds an active license as a
1-56 real estate broker or salesman under The Real Estate License Act
1-57 (Article 6573a, Vernon's Texas Civil Statutes), or an active
1-58 license as a state-licensed real estate appraiser or
1-59 state-certified real estate appraiser under the Texas Appraiser
1-60 Licensing and Certification Act (Article 6573a.2, Vernon's Texas
1-61 Civil Statutes).
1-62 (f) The requirements imposed by Subsection (b) of this
1-63 section and Subsections (b) and (c) of Section 3 of this article do
1-64 not apply to an individual who applies for registration under this
1-65 article before March 1, 1992, and who, on the date of the
1-66 application, is licensed and on active status as a real estate
1-67 broker under The Real Estate License Act (Article 6573a, Vernon's
1-68 Texas Civil Statutes), unless the individual performs or supervises
2-1 the performance of property tax consulting services for
2-2 compensation in connection with a property that is not real
2-3 property. Subsection (b) of this section does not apply to an
2-4 individual who is registered under Section 3(b)(2) of this article.
2-5 SECTION 3. Sections 3(a) and (b), Article 8886, Revised
2-6 Statutes, are amended to read as follows:
2-7 (a) To be eligible to register under this article, an
2-8 individual must:
2-9 (1) have the following qualifications:
2-10 (A) be at least 18 years of age;
2-11 (B) <(2)> hold a high school diploma or an
2-12 equivalent credential;
2-13 (C) <(3)> pay the fees required by the
2-14 commission;
2-15 (D) <(4)> establish a place of business in this
2-16 state or designate an agent for service of legal process who is a
2-17 resident of this state; and
2-18 (E) <(5)> meet any additional qualifications
2-19 required by this article or by the commissioner in the exercise of
2-20 the commissioner's authority under this article or under Article
2-21 9100, Revised Statutes; or
2-22 (2) hold an active license as a real estate broker or
2-23 salesman under The Real Estate License Act (Article 6573a, Vernon's
2-24 Texas Civil Statutes), or an active license as a state-licensed
2-25 real estate appraiser or state-certified real estate appraiser
2-26 under the Texas Appraiser Licensing and Certification Act (Article
2-27 6573a.2, Vernon's Texas Civil Statutes).
2-28 (b) To be eligible to register as a property tax consultant
2-29 under this article, an applicant must:
2-30 (1) complete at least 15 classroom hours of
2-31 educational courses approved by the commissioner, of which at least
2-32 four hours must include instruction on laws and legal issues in
2-33 this state related to property tax consulting services; or
2-34 (2) furnish evidence to the commission that the
2-35 applicant:
2-36 (A) holds an active license as a real estate
2-37 broker or salesman under The Real Estate License Act (Article
2-38 6573a, Vernon's Texas Civil Statutes), or an active license as a
2-39 state-licensed real estate appraiser or state-certified real estate
2-40 appraiser under the Texas Appraiser Licensing and Certification Act
2-41 (Article 6573a.2, Vernon's Texas Civil Statutes); and
2-42 (B) has completed at least four classroom hours
2-43 in educational programs or courses on the legal issues and laws
2-44 related to property tax consulting services.
2-45 SECTION 5. Section 5, Article 8886, Revised Statutes, is
2-46 amended by adding Subsection (h) to read as follows:
2-47 (h) A continuing education course, including a course on the
2-48 legal issues and law related to property tax consulting services,
2-49 approved by the Texas Real Estate Commission or the Texas Appraiser
2-50 Licensing and Certification Board and completed by a registrant who
2-51 holds an active license as a real estate broker or salesman under
2-52 The Real Estate License Act (Article 6573a, Vernon's Texas Civil
2-53 Statutes), or an active license as a state-licensed real estate
2-54 appraiser or state-certified real estate appraiser under the Texas
2-55 Appraiser Licensing and Certification Act (Article 6573a.2,
2-56 Vernon's Texas Civil Statutes), shall be recognized by the
2-57 commissioner as an appropriate continuing education program for the
2-58 purposes of this section.
2-59 SECTION 6. This Act takes effect September 1, 1995.
2-60 SECTION 7. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended.
2-65 * * * * *