1-1 By: Siebert (Senate Sponsor - Harris) H.B. No. 1521
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 3, Nays 0;
1-6 May 11, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1521 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to penalties for violating certain statutes relating to
1-11 real property.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 23A(b), Professional Land Surveying
1-14 Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-15 amended to read as follows:
1-16 (b) The penalty for each violation may be in an amount not
1-17 to exceed $1,500 [$1,000] for each violation.
1-18 SECTION 2. Section 23B, Professional Land Surveying
1-19 Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
1-20 amended to read as follows:
1-21 Sec. 23B. CIVIL PENALTY. (a) A person who violates this
1-22 Act or a rule adopted under this Act is liable for a civil penalty
1-23 of not more than $1,500 [$1,000] for each violation.
1-24 (b) The attorney general, on request of the board, shall
1-25 institute and conduct a suit to collect the penalty in the name of
1-26 the state [a suit to collect the penalty].
1-27 (c) A civil penalty collected under this section shall be
1-28 deposited in the state treasury to the credit of the General
1-29 Revenue Fund.
1-30 SECTION 3. Article 6573a.1, Revised Statutes, is amended to
1-31 read as follows:
1-32 Art. 6573a.1. (a) A person commits an offense if the [Any]
1-33 person [who shall] wilfully violates [violate] or fails [fail] to
1-34 comply with any of the provisions of The Real Estate License Act of
1-35 Texas or any order of the [The] Texas Real Estate Commission
1-36 authorized by The Real Estate License Act.
1-37 (b) An offense under this article is a Class A [shall be
1-38 guilty of a] misdemeanor [and upon conviction therefor shall be
1-39 sentenced to pay a fine of not more than Five Hundred Dollars
1-40 ($500), or to imprisonment in the county jail for not more than one
1-41 year, or to both such fine and imprisonment].
1-42 SECTION 4. Section 12(j), Texas Appraiser Licensing and
1-43 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
1-44 is amended to read as follows:
1-45 (j) A certified or licensed appraiser who files a complaint
1-46 against another certified or licensed appraiser that the board
1-47 determines to be frivolous is liable for a civil penalty. At the
1-48 request of the board, the attorney general or a district or county
1-49 attorney may institute a civil action in district court to collect
1-50 a civil penalty under this subsection. A civil penalty under this
1-51 subsection may not be less than $1,000 [$500] or more than $10,000.
1-52 A civil penalty recovered in a suit instituted under this
1-53 subsection shall be deposited in the state treasury to the credit
1-54 of the general revenue fund.
1-55 SECTION 5. Section 12A(j), Texas Appraiser Licensing and
1-56 Certification Act (Article 6573a.2, Vernon's Texas Civil Statutes),
1-57 is amended to read as follows:
1-58 (j) By a majority vote of the members hearing the contested
1-59 matter, the board shall make findings of fact and conclusions of
1-60 law and may take one or more of the following actions:
1-61 (1) dismissal of the charges, including an order that
1-62 the file in the case is confidential;
1-63 (2) suspension or revocation of the appraiser's
1-64 license or certification;
2-1 (3) imposition of a period of probation with or
2-2 without conditions;
2-3 (4) a requirement that the appraiser submit to
2-4 reexamination for licensing or certification as an appraiser;
2-5 (5) a requirement that the appraiser participate in
2-6 additional professional education or continuing education;
2-7 (6) issuance of a public or private reprimand or a
2-8 warning;
2-9 (7) issuance of a consent order; or
2-10 (8) imposition of an administrative penalty, the
2-11 amount of which shall be set at the discretion of the board at an
2-12 amount that may not exceed $1,500 [$1,000] for each violation or
2-13 $5,000 for multiple violations in one hearing, to be paid not later
2-14 than the 20th day after the date of final disposition of the case.
2-15 SECTION 6. Section 22, Residential Service Company Act
2-16 (Article 6573b, Revised Statutes), is amended to read as follows:
2-17 Sec. 22. INJUNCTIONS. (a) When it appears to the
2-18 commission that a service company is violating or has violated this
2-19 Act or a [any] rule [or regulation] issued under [pursuant to]
2-20 this Act and that bringing an action would be in the public
2-21 interest, the commission may bring an action in the name of the
2-22 state [suit] in a district court of Travis County, Texas, to
2-23 restrain or otherwise enjoin the violation and for such other
2-24 relief as the court may deem appropriate. The commission has
2-25 exclusive authority to bring an action under this section.
2-26 (b) On application and a finding that a service company is
2-27 violating or has violated this Act or a rule issued under this Act,
2-28 the court shall grant, without bond, the injunctive relief
2-29 warranted by the facts.
2-30 SECTION 7. The Residential Service Company Act (Article
2-31 6573b, Revised Statutes) is amended by amending Section 23 and
2-32 adding Section 23A to read as follows:
2-33 Sec. 23. CIVIL PENALTY. (a) The commission may bring an
2-34 action for a civil penalty for a [Any] violation of this Act. The
2-35 [is a deceptive trade practice and is actionable by any person for
2-36 $1,000 as a civil] penalty may not exceed $2,500 for each violation
2-37 or $50,000 in the aggregate for all violations of a similar nature.
2-38 (b) For purposes of this section, violations are of a
2-39 similar nature if the violations consist of the same or a similar
2-40 course of conduct, action, or practice, regardless of the number of
2-41 times the conduct, act, or practice determined to be a violation of
2-42 this Act occurred.
2-43 Sec. 23A. ACTION UNDER DECEPTIVE TRADE PRACTICES ACT. A [,
2-44 or actual damages sustained, whichever is greater. Any plaintiff
2-45 who shows a violation of this Act shall recover court costs and
2-46 attorney's fees that are reasonable in relation to the amount of
2-47 work expended. Such] violation of this Act is [also] actionable by
2-48 a [any] consumer as a deceptive trade practice under Subchapter E,
2-49 [pursuant to] Chapter 17, [Subchapter E,] Business & Commerce
2-50 Code[, as amended].
2-51 SECTION 8. Section 12.002(e), Property Code, is amended to
2-52 read as follows:
2-53 (e) A person commits an offense if the person violates
2-54 Subsection (b) or (c). An offense under this subsection is a
2-55 misdemeanor punishable by a fine of not less than $10 or more than
2-56 $1,000 [$500], by confinement in the county jail for a term not to
2-57 exceed 90 days, or by both the fine and confinement. Each
2-58 violation constitutes a separate offense and also constitutes prima
2-59 facie evidence of an attempt to defraud.
2-60 SECTION 9. Section 221.073(c), Property Code, is amended to
2-61 read as follows:
2-62 (c) An offense under this section is a Class A misdemeanor.
2-63 A [and no] person may not be prosecuted for more than one offense
2-64 involving the same promotion, even if mailed or distributed to more
2-65 than one person.
2-66 SECTION 10. Sections 221.075(b) and (c), Property Code, are
2-67 amended to read as follows:
2-68 (b) If the statement required by Section 221.074 is late and
2-69 an extension has not been granted under Subsection (a), the
3-1 managing entity required to provide the statement is liable to the
3-2 state for a civil penalty not to exceed:
3-3 (1) $500 per day for each of the first 10 days that
3-4 the statement is late; and
3-5 (2) $1,500 [$1,000] per day for each day after the
3-6 10th day, until the managing entity has complied with Section
3-7 221.074.
3-8 (c) In no event shall the civil penalties exceed $30,000
3-9 [$25,000] for any one statement period.
3-10 SECTION 11. (a) The changes in law made by Sections 1, 2,
3-11 4, 5, 7, and 10 of this Act apply to a violation committed before,
3-12 on, or after the effective date of this Act.
3-13 (b) The changes in law made by Sections 3, 6, 8, and 9 of
3-14 this Act apply only to a violation committed on or after the
3-15 effective date of this Act. For purposes of this subsection, a
3-16 violation is committed before the effective date of this Act if any
3-17 element of the violation occurs before that date. A violation
3-18 committed before the effective date of this Act is covered by the
3-19 law in effect when the violation was committed, and the former law
3-20 is continued in effect for that purpose.
3-21 SECTION 12. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.
3-28 * * * * *