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