By Culberson H.B. No. 39
76R1574 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain professional fees and taxes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Public Accountancy Act of 1991
1-5 (Article 41a-1, Vernon's Texas Civil Statutes), is amended by
1-6 adding Subsection (j) to read as follows:
1-7 (j) The board by rule shall establish reasonable and
1-8 necessary fees so that the fees, in the aggregate, produce
1-9 sufficient revenue to cover the cost of administering this Act.
1-10 SECTION 2. Section 35, The Securities Act (Article 581-35,
1-11 Vernon's Texas Civil Statutes), is amended to read as follows:
1-12 Sec. 35. FEES. (a) The Commissioner or Board by rule shall
1-13 establish reasonable and necessary fees so that the fees, in the
1-14 aggregate, produce sufficient revenue to cover the cost of
1-15 administering this Act.
1-16 (b) The Commissioner or Board shall charge and collect the
1-17 following fees and shall daily pay all fees received into the State
1-18 Treasury:
1-19 (1) for [A. For] the filing of any original
1-20 application of a dealer, a fee not to exceed $75 [Seventy-five
1-21 Dollars ($75.00)], and for the filing of any renewal application of
1-22 a dealer, a fee not to exceed $40 [Forty Dollars ($40.00)];
1-23 (2) for [B. For] the filing of any original
1-24 application for each agent, officer, or salesman, a fee not to
2-1 exceed $35 [Thirty-five Dollars ($35.00)], and for the filing of
2-2 any renewal application for each agent, officer, or salesman, a fee
2-3 not to exceed $20 [Twenty Dollars ($20.00)];
2-4 (3) for [C. For] any filing to amend the registration
2-5 certificate of a dealer or evidence of registration of a salesman,
2-6 issue a duplicate certificate or evidence of registration, or
2-7 register a branch office, a fee not to exceed $25 [Twenty-five
2-8 Dollars ($25.00)];
2-9 (4) for [D. For] the filing of any original, amended
2-10 or renewal application to sell or dispose of securities, a fee not
2-11 to exceed $10 [Ten Dollars ($10.00)];
2-12 (5) for [E. For] the examination of any original or
2-13 amended application filed under Subsection A, B, or C of Section 7
2-14 of this Act, regardless of whether the application is denied,
2-15 abandoned, withdrawn, or approved, a fee not to exceed [of]
2-16 one-tenth [(1/10)] of one percent [(1%)] of the aggregate amount of
2-17 securities described and proposed to be sold to persons located
2-18 within this state based upon the price at which such securities are
2-19 to be offered to the public;
2-20 (6) for [F. For] certified copies of any papers filed
2-21 in the office of the Commissioner, the Commissioner shall charge
2-22 such fees as are reasonably related to costs; however, in no event
2-23 shall such fees be more than those which the Secretary of State is
2-24 authorized to charge in similar cases;
2-25 (7) for [G. For] the filing of any application for
2-26 approval of a stock exchange so that securities fully listed
2-27 thereon will be exempt, a fee not to exceed $10,000 [of Ten
3-1 Thousand Dollars ($10,000.00)];
3-2 (8) for [H. For] the filing of a request to take the
3-3 Texas Securities Law Examination, a fee not to exceed $35
3-4 [Thirty-five Dollars ($35.00)];
3-5 (9) for [I. For] the filing of an initial notice
3-6 required by the Commissioner to claim a secondary trading
3-7 exemption, a fee not to exceed $500 [of Five Hundred Dollars
3-8 ($500.00)], and for the filing of a secondary trading exemption
3-9 renewal notice, a fee not to exceed $500 [of Five Hundred Dollars
3-10 ($500.00)];
3-11 (10) for [J. For] the filing of an initial notice
3-12 required by the Commissioner to claim a limited offering exemption,
3-13 a fee of one-tenth [(1/10)] of one percent [(1%)] of the aggregate
3-14 amount of securities described as being offered for sale, but in no
3-15 case more than $500 [Five Hundred Dollars ($500.00)]; and
3-16 (11) for [K. For] an interpretation by the Board's
3-17 general counsel of this Act or a rule adopted under this Act, a fee
3-18 not to exceed $100 [of One Hundred Dollars ($100.00)], except that
3-19 an officer or employee of a governmental entity and the entity that
3-20 the officer or employee represents are exempt from the fee under
3-21 this subsection when the officer or employee is conducting official
3-22 business of the entity.
3-23 SECTION 3. Section 11, The Real Estate License Act (Article
3-24 6573a, Vernon's Texas Civil Statutes), is amended to read as
3-25 follows:
3-26 Sec. 11. (a) The commission by rule shall establish
3-27 reasonable and necessary fees so that the fees, in the aggregate,
4-1 produce sufficient revenue to cover the cost of administering this
4-2 Act.
4-3 (b) The commission shall charge and collect the following
4-4 fees:
4-5 (1) a fee not to exceed $100 for the filing of an
4-6 original application for a real estate broker license;
4-7 (2) a fee not to exceed $100 for annual renewal of a
4-8 real estate broker license;
4-9 (3) a fee not to exceed $50 for the filing of an
4-10 original application for a real estate salesperson license;
4-11 (4) a fee not to exceed $50 for annual renewal of a
4-12 real estate salesperson license;
4-13 (5) a fee not to exceed $50 for an application for a
4-14 license examination;
4-15 (6) a fee not to exceed $20 for filing a request for a
4-16 license for each additional office or place of business;
4-17 (7) a fee not to exceed $20 for filing a request for a
4-18 license or certificate of registration for a change of place of
4-19 business, change of name, return to active status, or change of
4-20 sponsoring broker;
4-21 (8) a fee not to exceed $20 for filing a request to
4-22 replace a license or certificate of registration lost or destroyed;
4-23 (9) a fee not to exceed $400 for filing an application
4-24 for approval of an education program under Section 7(f) of this
4-25 Act;
4-26 (10) a fee not to exceed $200 a year for operation of
4-27 an education program under Section 7(f) of this Act;
5-1 (11) a fee not to exceed [of] $15 for transcript
5-2 evaluation;
5-3 (12) a fee not to exceed $10 for preparing a license
5-4 or registration history;
5-5 (13) a fee not to exceed $50 for the filing of an
5-6 application for a moral character determination;
5-7 (14) an annual fee not to exceed [of] $20 from each
5-8 real estate broker and each registrant under Section 9A of this Act
5-9 to be transmitted to Texas A&M University for the Texas Real Estate
5-10 Research Center as provided by Section 5(m) of this Act;
5-11 (15) an annual fee not to exceed [of] $17.50 from each
5-12 real estate salesperson to be transmitted to Texas A&M University
5-13 for the Texas Real Estate Research Center as provided by Section
5-14 5(m) of this Act;
5-15 (16) an annual fee not to exceed [of] $80 from each
5-16 registrant under Section 9A of this Act; and
5-17 (17) any fee authorized under Section 8 of this Act
5-18 for the real estate recovery fund.
5-19 SECTION 4. The following are repealed:
5-20 (1) Section 3.11A, Medical Practice Act (Article
5-21 4495b, Vernon's Texas Civil Statutes);
5-22 (2) Article 4550c, Revised Statutes;
5-23 (3) Section 3.03B, Texas Optometry Act (Article
5-24 4552-1.01 et seq., Vernon's Texas Civil Statutes);
5-25 (4) Section 11B, Chapter 94, Acts of the 51st
5-26 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
5-27 Civil Statutes);
6-1 (5) Section 16B, Psychologists' Licensing Act (Article
6-2 4512c, Vernon's Texas Civil Statutes);
6-3 (6) Section 9A, Public Accountancy Act of 1991
6-4 (Article 41a-1, Vernon's Texas Civil Statutes);
6-5 (7) Section 4C, Chapter 478, Acts of the 45th
6-6 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
6-7 Civil Statutes);
6-8 (8) Section 13B, The Texas Engineering Practice Act
6-9 (Article 3271a, Vernon's Texas Civil Statutes);
6-10 (9) Section 11A, The Real Estate License Act (Article
6-11 6573a, Vernon's Texas Civil Statutes);
6-12 (10) Section 41, The Securities Act (Article 581-41,
6-13 Vernon's Texas Civil Statutes);
6-14 (11) Section 25, The Veterinary Licensing Act (Article
6-15 8890, Revised Statutes); and
6-16 (12) Subchapter H, Chapter 191, Tax Code.
6-17 SECTION 5. (a) This Act applies only to a fee or tax that
6-18 becomes due on or after the effective date of this Act.
6-19 (b) A specific fee amount prescribed by The Securities Act
6-20 (Article 581-1 et seq., Vernon's Texas Civil Statutes) as that
6-21 statute existed immediately before the effective date of this Act
6-22 remains in effect until superseded by a rule adopted by the
6-23 securities commissioner or the State Securities Board prescribing a
6-24 different fee amount, and the former law is continued in effect for
6-25 that purpose.
6-26 (c) A specific fee amount prescribed by The Real Estate
6-27 License Act (Article 6573a, Vernon's Texas Civil Statutes) as that
7-1 statute existed immediately before the effective date of this Act
7-2 remains in effect until superseded by a rule adopted by the Texas
7-3 Real Estate Commission prescribing a different fee amount, and the
7-4 former law is continued in effect for that purpose.
7-5 (d) The repeal of a fee or tax by this Act does not affect a
7-6 fee owed or a tax imposed before the effective date of this Act,
7-7 and the law in effect before the effective date of this Act is
7-8 continued in effect for purposes of the collection or enforcement
7-9 of, or application of penalties for, a fee or tax due before the
7-10 effective date of this Act.
7-11 SECTION 6. The importance of this legislation and the
7-12 crowded condition of the calendars in both houses create an
7-13 emergency and an imperative public necessity that the
7-14 constitutional rule requiring bills to be read on three several
7-15 days in each house be suspended, and this rule is hereby suspended,
7-16 and that this Act take effect and be in force from and after its
7-17 passage, and it is so enacted.