SRC-LBB C.S.S.B. 1013 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1013
78R10008 SMH-DBy: Staples
Business & Commerce
4/9/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas Appraiser Licensing and Certification Board (TALCB)
lacks authority over individuals performing unlicensed appraisal services.
Individual licenses and certificates automatically expire, requiring
licensees to repeat the application process.  C.S.S.B. 1013 authorizes
TALCB to sanction those performing unlicensed appraisal services and
provides for administrative, criminal, and civil penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Appraiser Licensing
and Certification Board in SECTION 2 (Section 1103.212, Occupations Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1103.156(a), Occupations Code, to include an
additional fee that the Texas Appraiser Licensing and Certification Board
(TALCB) is authorized to establish to administer this chapter. 

SECTION 2.  Amends Chapter 1103E, Occupations Code, by adding Sections
1103.212 and 1103.213, as follows: 

Sec.  1103.212.  EXTENSION OF TIME TO COMPLETE REQUIRED CONTINUING
EDUCATION.  (a)  Authorizes TALCB by rule to establish procedures under
which a person is authorized to obtain an extension of time to complete
continuing education required to renew the person's certificate or
license. 

(b)  Authorizes TALCB to require a person under this section to meet
certain requirements. 

(c)  Requires a person to complete the required continuing education
before performing an appraisal in a federally related transaction,
notwithstanding the other provisions of this section. 

Sec. 1103.213.  INACTIVE CERTIFICATE OR LICENSE.  (a)  Authorizes TALCB to
place on inactive status the certificate or license of an appraiser if the
appraiser is not acting as an appraiser, is not sponsoring an appraiser
trainee, and submits a written application to TALCB before the expiration
date of the appraiser's certificate or license. 

(b)  Authorizes TALCB to place on inactive status the certificate or
license of an appraiser whose certificate or license has expired if the
appraiser applies for inactive status on a form prescribed by TALCB not
later than the first anniversary of the expiration date of the appraiser's
certificate or license. 

(c)  Requires an appraiser applying for inactive status to terminate the
appraiser's association with each appraiser trainee sponsored by the
appraiser by giving written notice to each appraiser trainee before the
30th day preceding the date the appraiser applies for inactive status. 

 (d)  Provides that an appraiser on inactive status is prohibited from
performing any activity regulated under this chapter, is required to pay
annual renewal fees, and is not required to pay the annual registry fee
described by Section 1103.156(b). 

(e)  Requires TALCB to maintain a list of each appraiser whose certificate
or license is on inactive status. 

(f)  Requires TALCB to remove an appraiser's certificate or  license from
inactive status if the appraiser submits an application to TALCB, pays the
required fee and 
submits proof of complying with the continuing education requirements of
Section 1103.211 during the two years preceding the date the application
under Subdivision (1) is filed. 

SECTION 3.  Amends Section 1103.451, Occupations Code, by adding
Subsection (d), as follows: 

(d)  Authorizes TALCB, on its own motion, to file a formal complaint
against a person who engages in an activity for which a certificate or
license is required under this chapter without holding a certificate or
license.  Provides that this subchapter and Subchapter K apply to a
complaint filed under this subsection in the same manner as they apply to
a complaint filed under Subsection (b). 

SECTION 4.  Amends Section 1103.551(a), Occupations Code, to authorize
TALCB to institute an action in its own name against any person, including
a person who is not certified or licensed under this chapter, to enjoin a
violation of this chapter or a rule adopted by TALCB under this chapter. 

SECTION 5.  Amends Section 1103.552(b), Occupations Code, to replace the
word "appraiser" with "person." 

SECTION 6.  Amends the heading to Section 1103.553, Occupations Code, to
read as follows: 

 Sec. 1103.553.  CIVIL PENALTY FOR FILING FRIVOLOUS COMPLAINT.

SECTION 7.  Amends Chapter 1103L, Occupations Code, by adding Section
1103.5535, as follows: 
 
Sec. 1103.5535.  CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED
CERTIFICATE OR LICENSE.  (a)  Provides that a person who receives
consideration for engaging in an activity for which a certificate or
license is required under this chapter and who does not hold a certificate
or license is liable for a civil penalty. 

(b)  Prohibits the amount of a civil penalty imposed under this section
from being less than the amount of money equal to the value of the
consideration received or more than three times the amount of money equal
to the value of the consideration received. 

(c)  Authorizes the attorney general or a district or county attorney to
bring an action in district court to recover a civil penalty under this
section, at the request of TALCB. 

(d)  Requires a civil penalty recovered in an action under this section to
be deposited in the state treasury. 

SECTION 8.  Amends the heading to Section 1103.554, Occupations Code, to
read as follows: 

Sec. 1103.554.  CRIMINAL PENALTY FOR MISREPRESENTING  QUALIFICATIONS.
SECTION 9.  Amends Chapter 1103L, Occupations Code, by adding Section
1103.5545, as follows: 

Sec. 1103.5545.  CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT
REQUIRED CERTIFICATE OR LICENSE.  (a)  Provides that a person commits an
offense if the person engages in an activity for which a certificate or
license is required under this chapter without holding a certificate or
license. 

  (b)  Provides that an offense under this section is a Class A
misdemeanor. 

SECTION 10.  Effective date:  September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Amends the relating clause to include administrative penalties.

SECTION 1.  No changes.

SECTION 2.  Amends as Filed S.B. 1103, proposed Sections 1103.212 and
1103.213, as follows: 

Section 1103.212.  Redesignated as Section 1103.213.  Creates a new
proposed Section 1103.212. 

 Section 1103.213.  Deletes proposed section.

SECTION 3.  Redesignated as SECTION 4.  Creates a new proposed SECTION 3.

SECTION 4.  Redesignated as SECTION 6.  Creates a new proposed SECTION 5.

SECTION 5.  Redesignated as SECTION 7.  Amends the heading to read "Civil
Penalty for Engaging in Activity Without Required Certificate or License. 

SECTION 6.  Redesignated as SECTION 8.

SECTION 7.  Redesignated as SECTION 9.  Amends the heading to read
"Criminal Penalty for Engaging in Activity Without Required Certificate or
License." 

SECTION 8.  Redesignated as SECTION 10.