HBA-ATS H.B. 1521 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1521 By: Siebert Business & Industry 3/2/1999 Introduced BACKGROUND AND PURPOSE Numerous penalty provisions regulating the behavior of real property professionals, such as land surveyors, appraisers, realtors, and timeshare operators, have been enacted in different legislative sessions. For example, the penalty provisions regulating realtors, enacted in 1963, remain unchanged. Additionally, laws providing penalties for the unlawful filing of a plat or replat of a subdivision have remained unchanged for decades, while the penalty provisions for land surveyors, appraisers, and timeshare operators were enacted more recently. These differences in the time of enactment have resulted in a lack of uniformity and consistency among the penalty provisions, and older penalty provisions have not taken inflation into account. H.B. 1521 increases the minimum and maximum administrative and civil fines imposed upon land surveyors, appraisers, timeshare operators, and realtors. In addition, this bill increases the penalty for a violation of The Real Estate License Act from a misdemeanor punishable by a fine of not more than $500, or by imprisonment in a county jail for not more than one year, to a Class A misdemeanor, to make it consistent with other professions' licensing statutes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 23A(b), Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act), to increase from $1,000 to $1,500 the maximum amount of the administrative penalty assessed by the Texas Board of Professional Land Surveying (board) for each violation of a provision of this Act or a rule or order adopted by the board under this Act. SECTION 2. Amends Section 23B, Article 5282c, V.T.C.S. (Professional Land Surveying Practices Act), as follows: (a) Creates this subsection from existing text. Makes a conforming change. (b) Makes a nonsubstantive change. SECTION 3. Amends Article 6573a.1, V.T.C.S., as follows: (a) Creates this subsection from existing text. Provides 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 of Texas or any order of the Texas Real Estate Commission authorized by The Real Estate License Act. Makes nonsubstantive changes. (b) Creates this subsection from existing text. Provides that an offense under this article is a Class A misdemeanor, rather than that a person who commits an offense is guilty of a misdemeanor punishable by a fine of not more than $500, by imprisonment in a county jail for not more than one year, or by both such fine and imprisonment. SECTION 4. Amends Section 12(j), Article 6573a.2, V.T.C.S. (Texas Appraiser Licensing and Certification Act), to increase from $500 to $1,000 the minimum amount of the civil penalty for which a certified or licensed appraiser who files a frivolous complaint against another certified or licensed appraiser is liable. SECTION 5. Amends Section 12A(j), Article 6573a.2, V.T.C.S. (Texas Appraiser Licensing and Certification Act), to increase from $1,000 to $1,500 the maximum administrative penalty imposed by the Texas Appraiser Licensing and Certification Board (board) for each violation of the rules of professional conduct adopted by the board. SECTION 6. Amends Section 12.002(e), Property Code, to increase from $500 to $1,000 the maximum fine for filing a plat or replat of a subdivision unless it is lawfully approved and unless the plat or replat has attached to it the required documents, if applicable, or for using a subdivision's description in a conveyance instrument that is delivered to a purchaser unless the plat or replat of the subdivision is approved and is filed and unless the plat or replat has attached to it the required documents, if applicable. SECTION 7. Amends Section 221.073(c), Property Code, to make a nonsubstantive change. SECTION 8. Amends Sections 221.075(b) and (c), Property Code, to increase from $1,000 to $1,500 the maximum civil penalty imposed on a timeshare operator for each day after the first 10 days that an annual timeshare fee and expense statement is late, and to increase from $25,000 to $30,000 the maximum amount of the civil penalty for which a managing entity is responsible. SECTION 9. Makes application of this Act prospective. SECTION 10. Emergency clause. Effective date: upon passage.