By Siebert                                            H.B. No. 1521
         76R6017 SMH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to penalties for violating certain statutes relating to
 1-3     real property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 23A(b), Professional Land Surveying
 1-6     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
 1-7     amended to read as follows:
 1-8           (b)  The penalty for each violation may be in an amount not
 1-9     to exceed $1,500 [$1,000] for each violation.
1-10           SECTION 2.  Section 23B, Professional Land Surveying
1-11     Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-12     amended to read as follows:
1-13           Sec. 23B.  CIVIL PENALTY.  (a)  A person who violates this
1-14     Act or a rule adopted under this Act is liable for a civil penalty
1-15     of not more than $1,500 [$1,000] for each violation.
1-16           (b)  The attorney general, on request of the board, shall
1-17     institute and conduct a suit to collect the penalty in the name of
1-18     the state [a suit to collect the penalty].
1-19           (c)  A civil penalty collected under this section shall be
1-20     deposited in the state treasury to the credit of the General
1-21     Revenue Fund.
1-22           SECTION 3.  Article 6573a.1, Revised Statutes, is amended to
1-23     read as follows:
1-24           Art. 6573a.1.  (a) A person commits an offense if the [Any]
 2-1     person [who shall] wilfully violates [violate] or fails [fail] to
 2-2     comply with any of the provisions of The Real Estate License Act of
 2-3     Texas or any order of the [The] Texas Real Estate Commission
 2-4     authorized by The Real Estate License Act.
 2-5           (b)  An offense under this article is a Class A [shall be
 2-6     guilty of a] misdemeanor [and upon conviction therefor shall be
 2-7     sentenced to pay a fine of not more than Five Hundred Dollars
 2-8     ($500), or to imprisonment in the county jail for not more than one
 2-9     year, or to both such fine and imprisonment].
2-10           SECTION 4.  Section 12(j), Texas Appraiser Licensing and
2-11     Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
2-12     is amended to read as follows:
2-13           (j)  A certified or licensed appraiser who files a complaint
2-14     against another certified or licensed appraiser that the board
2-15     determines to be frivolous is liable for a civil penalty.  At the
2-16     request of the board, the attorney general or a district or county
2-17     attorney may institute a civil action in district court to collect
2-18     a civil penalty under this subsection.  A civil penalty under this
2-19     subsection may not be less than $1,000 [$500] or more than $10,000.
2-20     A civil penalty recovered in a suit instituted under this
2-21     subsection shall be deposited in the state treasury to the credit
2-22     of the general revenue fund.
2-23           SECTION 5.  Section 12A(j), Texas Appraiser Licensing and
2-24     Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
2-25     is amended to read as follows:
2-26           (j)  By a majority vote of the members hearing the contested
2-27     matter, the board shall make findings of fact and conclusions of
 3-1     law and may take one or more of the following actions:
 3-2                 (1)  dismissal of the charges, including an order that
 3-3     the file in the case is confidential;
 3-4                 (2)  suspension or revocation of the appraiser's
 3-5     license or certification;
 3-6                 (3)  imposition of a period of probation with or
 3-7     without conditions;
 3-8                 (4)  a requirement that the appraiser submit to
 3-9     reexamination for licensing or certification as an appraiser;
3-10                 (5)  a requirement that the appraiser participate in
3-11     additional professional education or continuing education;
3-12                 (6)  issuance of a public or private reprimand or a
3-13     warning;
3-14                 (7)  issuance of a consent order; or
3-15                 (8)  imposition of an administrative penalty, the
3-16     amount of which shall be set at the discretion of the board at an
3-17     amount that may not exceed $1,500 [$1,000] for each violation or
3-18     $5,000 for multiple violations in one hearing, to be paid not later
3-19     than the 20th day after the date of final disposition of the case.
3-20           SECTION 6.  Section 12.002(e), Property Code, is amended to
3-21     read as follows:
3-22           (e)  A person commits an offense if the person violates
3-23     Subsection (b) or (c).  An offense under this subsection is a
3-24     misdemeanor punishable by a fine of not less than $10 or more than
3-25     $1,000 [$500], by confinement in the county jail for a term not to
3-26     exceed 90 days, or by both the fine and confinement.  Each
3-27     violation constitutes a separate offense and also constitutes prima
 4-1     facie evidence of an attempt to defraud.
 4-2           SECTION 7.  Section 221.073(c), Property Code, is amended to
 4-3     read as follows:
 4-4           (c)  An offense under this section is a Class A misdemeanor.
 4-5     A [and no] person may not be prosecuted for more than one offense
 4-6     involving the same promotion, even if mailed or distributed to more
 4-7     than one person.
 4-8           SECTION 8.  Sections 221.075(b) and (c), Property Code, are
 4-9     amended to read as follows:
4-10           (b)  If the statement required by Section 221.074 is late and
4-11     an extension has not been granted under Subsection (a), the
4-12     managing entity required to provide the statement is liable to the
4-13     state for a civil penalty not to exceed:
4-14                 (1)  $500 per day for each of the first 10 days that
4-15     the statement is late; and
4-16                 (2)  $1,500 [$1,000] per day for each day after the
4-17     10th day, until the managing entity has complied with Section
4-18     221.074.
4-19           (c)  In no event shall the civil penalties exceed $30,000
4-20     [$25,000] for any one statement period.
4-21           SECTION 9.  (a) The change in law made by this Act applies
4-22     only to a violation committed on or after the effective date of
4-23     this Act.  For purposes of this section, a violation is committed
4-24     before the effective date of this Act if any element of the
4-25     violation occurs before that date.
4-26           (b)  A violation committed before the effective date of this
4-27     Act is covered by the law in effect when the violation was
 5-1     committed, and the former law is continued in effect for that
 5-2     purpose.
 5-3           SECTION 10.  The importance of this legislation and the
 5-4     crowded condition of the calendars in both houses create an
 5-5     emergency and an imperative public necessity that the
 5-6     constitutional rule requiring bills to be read on three several
 5-7     days in each house be suspended, and this rule is hereby suspended,
 5-8     and that this Act take effect and be in force from and after its
 5-9     passage, and it is so enacted.