SRC-JXG H.B. 1521 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1521
76R6017 SMH-FBy: Siebert (Harris)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

Currently, the penalty provisions regarding professional licensing statutes
which regulate the behavior of real property professionals, such as land
surveyors, appraisers, realtors, and time share professionals, have been
enacted, but not updated. H.B. 1521 would update the penalty provisions of
various licensing sections regarding the behavior of real property
professionals. 

PURPOSE

As proposed, H.B. 1521 sets forth provisions regarding penalties for
violating real property statutes.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 23A(b), Article 5282c, V.T.C.S. (Professional
Land Surveying Practices Act), to provide that the penalty for each
violation may be in an amount not to exceed $1,500, rather than $1,000, for
each violation. 

SECTION 2. Amends Section 23B, Article 5282c, V.T.C.S., to require the
attorney general, on request of the Texas Board of Professional Land
Surveying (board), to institute and conduct a suit to collect the penalty
in the name of the state. Makes conforming changes. 

SECTION 3. Amends Article 6573a.1, V.T.C.S., to provide that a person
commits an offense if the person wilfully violates or fails to comply with
any of the provisions of the Real Estate License Act or any order of the
Texas Real Estate Commission. Provides that an offense under this article
is a Class A misdemeanor. Deletes text regarding conviction fines. Makes
conforming changes. 

SECTION 4. Amends Section 12(j), Article 6573a.2, V.T.C.S. (Texas Appraiser
Licensing and Certification Act), to prohibit a civil penalty under this
subsection from being less than $1,000, rather than $500, or more than
$10,000. 

SECTION 5. Amends Section 12A(j), Article 6573a.2, V.T.C.S., to  require
the board to make findings of facts and conclusions of law and to impose an
administrative penalty to be set at the discretion of the board at an
amount that may not exceed $1,500, rather than $1,000, for each violation.  

SECTION 6. Amends Section 12.002(e), Property Code, to make a conforming
change. 

SECTION 7. Amends Section 221.073(c), Property Code, to make nonsubstantive
changes. 

SECTION 8. Amends Sections 221.075(b) and (c), Property Code, to provide
that in no event shall the civil penalties exceed $30,000, rather than
$25,000, for any one statement period. Makes a conforming change. 

SECTION 9. Makes application of this Act prospective.

SECTION 10. Emergency clause.
  Effective date: upon passage.