By Harris                                             S.B. No. 1362
         76R5639 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain municipal planning
 1-3     professionals by the Texas Real Estate Commission; providing
 1-4     penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  The Real Estate License Act (Article 6573a,
 1-7     Vernon's Texas Civil Statutes) is amended by adding Section 25 to
 1-8     read as follows:
 1-9           Sec. 25.  MUNICIPAL PLANNING PROFESSIONALS.  (a)  In this
1-10     section, "municipal planning professional" means a  person, other
1-11     than a clerical worker, who engages in municipal planning for a
1-12     municipality or assists another who engages in municipal planning
1-13     for a municipality, including conducting field surveys,  preparing
1-14     reports for a planning commission, making recommendations on the
1-15     environmental impact of proposed projects, and conducting land-use
1-16     studies.  The term includes planning assistants, planning
1-17     associates, principal planners, and planning directors employed by
1-18     a municipal planning department.
1-19           (b)  A person may not accept compensation as a municipal
1-20     planning professional in this state unless the person holds a
1-21     municipal planning professional license issued by the commission
1-22     under this section.
1-23           (c)  The commission by rule shall adopt rules and establish
1-24     standards relating to the practice of municipal planning
 2-1     professionals.  In adopting rules relating to issuance and renewal
 2-2     of a license under this section, the commission shall adopt rules
 2-3     requiring a municipal planning professional to satisfy continuing
 2-4     education requirements of the commission as a condition for
 2-5     renewing a license.
 2-6           (d)  Each municipal planning professional shall post in a
 2-7     conspicuous place in the person's principal office the municipal
 2-8     planning professional's license, a statement that the municipal
 2-9     planning professional is licensed by the commission, and the name,
2-10     mailing address, and telephone number of the commission as provided
2-11     by Section 5(q) of this Act.
2-12           (e)  The commission may suspend or revoke the license of, and
2-13     may impose an administrative penalty under Section 19A of this Act
2-14     on a municipal planning professional who violates this section or a
2-15     rule of the commission adopted under this section.
2-16           (f)  A person commits an offense if the person is employed as
2-17     a municipal planning professional in this state without holding a
2-18     license issued under this section.  An offense under this
2-19     subsection is a Class B misdemeanor.
2-20           (g)  Notwithstanding Section 3 of this Act, this section does
2-21     apply to an appointed public official in the conduct of that
2-22     person's official duties.
2-23           SECTION 2.  (a)  Except as provided by this section, this Act
2-24     takes effect September 1, 1999.
2-25           (b)  Sections 25(b) and (f), The Real Estate License Act
2-26     (Article 6573a, Vernon's Texas Civil Statutes), as added by this
2-27     Act, take effect January 1, 2000.
 3-1           (c)  The Texas Real Estate Commission shall adopt rules under
 3-2     Section 25, The Real Estate License Act (Article 6573a, Vernon's
 3-3     Texas Civil Statutes), as added by this Act, not later than
 3-4     November 1, 1999.
 3-5           SECTION 3.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended.