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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of property tax consultants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1152.152, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) A registered senior property tax consultant or an |
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attorney described by Subsection (a)(2) may not employ, claim an |
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association with, or sponsor more than 10 registered property tax |
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consultants. |
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SECTION 2. Section 1152.156(a), Occupations Code, is |
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amended to read as follows: |
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(a) In addition to satisfying the requirements of Section |
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1152.155, an applicant for registration as a property tax |
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consultant must: |
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(1) complete at least 40 [15] classroom hours of |
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educational courses approved by the executive director, including |
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at least four hours of instruction on laws and legal issues in this |
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state related to property tax consulting services and pass a |
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competency examination under Section 1152.161; or |
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(2) if the person is eligible for registration under |
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Section 1152.155(b), submit to the commission evidence that the |
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applicant has completed at least four classroom hours of |
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educational programs or courses on the laws and legal issues in this |
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state related to property tax consulting services. |
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SECTION 3. Subchapter D, Chapter 1152, Occupations Code, is |
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amended by adding Section 1152.161 to read as follows: |
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Sec. 1152.161. PROPERTY TAX CONSULTANT REGISTRATION |
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EXAMINATION. (a) The executive director shall: |
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(1) adopt a competency examination for registration |
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as a property tax consultant; and |
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(2) establish the standards for grading and passing |
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the examination. |
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(b) To be eligible to take the examination, an applicant |
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must pay to the department an examination fee. |
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(c) The examination must: |
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(1) test the applicant's knowledge of: |
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(A) property taxation; |
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(B) the property tax system; |
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(C) property tax administration; |
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(D) ethical standards; and |
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(E) general principles of appraisal, accounting, |
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and law as they relate to property tax consulting services; and |
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(2) be graded according to rules adopted by the |
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commission. |
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(d) The department shall offer the examination at times and |
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places designated by the executive director. |
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SECTION 4. Chapter 1152, Occupations Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. PROHIBITED ACTS |
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Sec. 1152.231. GENERAL PROHIBITED ACTS. (a) A person |
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required to register under this chapter may not serve as a |
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registered senior property tax consultant for more than 10 |
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registered property tax consultants. |
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(b) A person required to register under this chapter may not |
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file a protest under Chapter 41, Tax Code, without the approval of |
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the property owner. |
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(c) A person required to register under this chapter may not |
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falsify an agent appointment, exemption application, protest, or |
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other legal document that is filed with or presented to an appraisal |
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district, an appraisal review board, or a taxing unit. |
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(d) A person required to register under this chapter may not |
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file a motion or protest concerning residential property on behalf |
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of a person whom the registrant does not represent unless the |
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registrant has authorization from: |
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(1) that person; or |
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(2) another person, other than the agent or the firm |
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that employs the agent, who is authorized by the person to designate |
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agents under Section 1.111, Tax Code. |
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Sec. 1152.232. PROHIBITED ACTS: SOLICITATION OF BUSINESS |
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AND ADVERTISING. (a) A person required to register under this |
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chapter may not, in a public solicitation for business, represent |
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that the fee for services rendered includes the hiring of legal |
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services. |
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(b) A person required to register under this chapter may not |
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solicit a property tax consulting assignment by assuring a specific |
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outcome. |
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Sec. 1152.233. PROHIBITED ACTS: USE OF INTERNET WEBSITE. |
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(a) A person required to register under this chapter may not |
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maintain an Internet website for any purpose associated with the |
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provision of tax consulting services by the registrant that has a |
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domain name or other Internet address that implies that the website |
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is a government website. |
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(b) A person required to register under this chapter may not |
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use or maintain an Internet website for the purpose of soliciting |
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clients if the website does not identify the company prominently on |
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the home page of the website. |
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Sec. 1152.234. PROHIBITED ACTS: CERTAIN LEGAL ACTIONS. A |
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person required to register under this chapter may not engage the |
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services of an attorney for purposes of filing an appeal under |
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Chapter 42, Tax Code, without the prior consent of the client. |
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SECTION 5. Not later than December 31, 2009, the executive |
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director of the Texas Commission of Licensing and Regulation shall |
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adopt the examination required by Section 1152.161, Occupations |
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Code, as added by this Act. |
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SECTION 6. The change in law made by this Act to Section |
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1152.156(a), Occupations Code, applies only to an application for |
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registration as a property tax consultant that is submitted to the |
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Texas Department of Licensing and Regulation on or after March 1, |
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2010. An application for registration submitted before that date |
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is governed by the law in effect at the time the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect January 1, 2010. |