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.