Amend CSHB 2447 (Senate committee printing), in SECTION 31 of
the bill, by striking amended Section 1151.202, Occupations Code
(page 6, line 61, through page 7, line 2), and substituting the
following:
Sec. 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY
ACTION. (a) The department [board] may deny an application for[,
suspend, or revoke the] registration of or take other disciplinary
action as described by Chapter 51 against a person who violates this
chapter or a commission [board] rule[, place on probation a person
whose registration has been suspended, or reprimand a person for a
violation by the person of this chapter or a board rule].
(b) The commission [board] by rule shall adopt written
guidelines to ensure that denials of registration under this
section and other disciplinary actions under Chapter 51 [probation
and the issuance of reprimands] are administered consistently.
(c) Before imposing an administrative penalty under
Subchapter F, Chapter 51, against a registrant, the department must
consider evidence that the registrant:
(1) attempted in good faith to implement or execute a
law, policy, rule, order, budgetary restriction, or other
regulation provided by the laws of this state, the comptroller, or
the governing body or the chief administrator of the appraisal
district or taxing jurisdiction that employs the registrant;
(2) acted on the advice of counsel or the comptroller;
or
(3) had discretion over the matter on which the
complaint is based, if the complaint is based solely on grounds that
the registrant decided incorrectly or failed to exercise discretion
in favor of the complainant.
(d) The department may notify the local governmental entity
that employs a registrant of a complaint against the registrant by
sending a copy of the complaint letter to the local governmental
entity.