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.