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 22, Residential Service Company Act
3-21     (Article 6573b, Revised Statutes), is amended to read as follows:
3-22           Sec. 22.  INJUNCTIONS.  (a)  When it appears to the
3-23     commission that a service company is violating or has violated this
3-24     Act or a [any]  rule [or regulation] issued under [pursuant to]
3-25     this Act and that bringing an action would be in the public
3-26     interest, the  commission may bring an action in the name of the
3-27     state [suit] in a district court of Travis County, Texas, to
 4-1     restrain or otherwise  enjoin the violation and for such other
 4-2     relief as the court may deem appropriate.  The commission has
 4-3     exclusive authority to bring an action under this section.
 4-4           (b)  On application and a finding that a service company is
 4-5     violating or has violated this Act or a rule issued under this Act,
 4-6     the court shall grant, without bond, the injunctive relief
 4-7     warranted by the facts.
 4-8           SECTION 7.  The Residential Service Company Act (Article
 4-9     6573b, Revised Statutes) is amended by amending Section 23 and
4-10     adding Section 23A to read as follows:
4-11           Sec. 23.  CIVIL PENALTY.  (a)  The commission may bring an
4-12     action for a civil penalty for a [Any] violation of this Act.  The
4-13     [is a  deceptive trade practice and is actionable by any person for
4-14     $1,000 as a civil] penalty may not exceed $2,500 for each violation
4-15     or $50,000 in the aggregate for all violations of a similar nature.
4-16           (b)  For purposes of this section, violations are of a
4-17     similar nature if the violations consist of the same or a similar
4-18     course of conduct, action, or practice, regardless of the number of
4-19     times the conduct, act, or practice determined to be a violation of
4-20     this Act occurred.
4-21           Sec. 23A.  ACTION UNDER DECEPTIVE TRADE PRACTICES ACT.  A [,
4-22     or actual damages sustained, whichever is greater.  Any plaintiff
4-23     who shows a violation of this Act shall recover court costs and
4-24     attorney's fees that are reasonable in relation to the amount of
4-25     work expended.  Such] violation of this Act is [also] actionable by
4-26     a [any] consumer as a deceptive trade practice under Subchapter E,
4-27     [pursuant to] Chapter 17, [Subchapter E,] Business & Commerce
 5-1     Code[, as amended].
 5-2           SECTION 8.  Section 12.002(e), Property Code, is amended to
 5-3     read as follows:
 5-4           (e)  A person commits an offense if the person violates
 5-5     Subsection (b) or (c).  An offense under this subsection is a
 5-6     misdemeanor punishable by a fine of not less than $10 or more than
 5-7     $1,000 [$500], by confinement in the county jail for a term not to
 5-8     exceed 90 days, or by both the fine and confinement.  Each
 5-9     violation constitutes a separate offense and also constitutes prima
5-10     facie evidence of an attempt to defraud.
5-11           SECTION 9.  Section 221.073(c), Property Code, is amended to
5-12     read as follows:
5-13           (c)  An offense under this section is a Class A misdemeanor.
5-14     A [and no] person may not be prosecuted for more than one offense
5-15     involving the same promotion, even if mailed or distributed to more
5-16     than one person.
5-17           SECTION 10.  Sections 221.075(b) and (c), Property Code, are
5-18     amended to read as follows:
5-19           (b)  If the statement required by Section 221.074 is late and
5-20     an extension has not been granted under Subsection (a), the
5-21     managing entity required to provide the statement is liable to the
5-22     state for a civil penalty not to exceed:
5-23                 (1)  $500 per day for each of the first 10 days that
5-24     the statement is late; and
5-25                 (2)  $1,500 [$1,000] per day for each day after the
5-26     10th day, until the managing entity has complied with Section
5-27     221.074.
 6-1           (c)  In no event shall the civil penalties exceed $30,000
 6-2     [$25,000] for any one statement period.
 6-3           SECTION 11.  (a)  The changes in law made by Sections 1, 2,
 6-4     4, 5, 7, and 10 of this Act apply to a violation committed before,
 6-5     on, or after the effective date of this Act.
 6-6           (b)  The changes in law made by Sections 3, 6, 8, and 9 of
 6-7     this Act apply only to a violation committed on or after the
 6-8     effective date of this Act.  For purposes of this subsection, a
 6-9     violation is committed before the effective date of this Act if any
6-10     element of the violation occurs before that date.  A violation
6-11     committed before the effective date of this Act is covered by the
6-12     law in effect when the violation was committed, and the former law
6-13     is continued in effect for that purpose.
6-14           SECTION 12.  The importance of this legislation and the
6-15     crowded condition of the calendars in both houses create an
6-16     emergency and an imperative public necessity that the
6-17     constitutional rule requiring bills to be read on three several
6-18     days in each house be suspended, and this rule is hereby suspended,
6-19     and that this Act take effect and be in force from and after its
6-20     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1521 was passed by the House on April
         16, 1999, by the following vote:  Yeas 136, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1521 on May 22, 1999, by the following vote:  Yeas 143, Nays 0,
         1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1521 was passed by the Senate, with
         amendments, on May 20, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor