|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the qualifications of the chief appraiser of an |
|
appraisal district. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1151.1581, Occupations Code, is amended |
|
by adding Subsection (f) to read as follows: |
|
(f) As part of the continuing education requirements for a |
|
registered professional appraiser who is the chief appraiser of an |
|
appraisal district, the commission by rule shall require the |
|
registrant to complete: |
|
(1) at least half of the required hours in a program |
|
devoted to one or more of the topics listed in Section 1151.164(b); |
|
and |
|
(2) at least two of the required hours in a program of |
|
professional ethics specific to the chief appraiser of an appraisal |
|
district, including a program on the importance of maintaining the |
|
independence of an appraisal office from political pressure. |
|
SECTION 2. Sections 6.05(c) and (d), Tax Code, are amended |
|
to read as follows: |
|
(c) The chief appraiser is the chief administrator of the |
|
appraisal office. Except as provided by Section 6.0501, the [The] |
|
chief appraiser is appointed by and serves at the pleasure of the |
|
appraisal district board of directors. If a taxing unit performs |
|
the duties of the appraisal office pursuant to a contract, the |
|
assessor for the unit is the chief appraiser. To be eligible to be |
|
appointed or serve as a chief appraiser, a person must be certified |
|
as a registered professional appraiser under Section 1151.160, |
|
Occupations Code, possess an MAI professional designation from the |
|
Appraisal Institute, or possess an Assessment Administration |
|
Specialist (AAS), Certified Assessment Evaluator (CAE), or |
|
Residential Evaluation Specialist (RES) professional designation |
|
from the International Association of Assessing Officers. A person |
|
who is eligible to be appointed or serve as a chief appraiser by |
|
having a professional designation described by this subsection must |
|
become certified as a registered professional appraiser under |
|
Section 1151.160, Occupations Code, not later than the fifth |
|
anniversary of the date the person is appointed or begins to serve |
|
as chief appraiser. A chief appraiser who is not eligible to be |
|
appointed or serve as chief appraiser may not perform an action |
|
authorized or required by law to be performed by a chief appraiser, |
|
including the preparation, certification, or submission of any part |
|
of the appraisal roll. Not later than January 1 of each year, a |
|
chief appraiser shall notify the comptroller in writing that the |
|
chief appraiser is either eligible to be appointed or serve as the |
|
chief appraiser or not eligible to be appointed or serve as the |
|
chief appraiser. |
|
(d) Except as provided by Section 6.0501, the [The] chief |
|
appraiser is entitled to compensation as provided by the budget |
|
adopted by the board of directors. The chief appraiser's |
|
compensation may not be directly or indirectly linked to an |
|
increase in the total market, appraised, or taxable value of |
|
property in the appraisal district. Except as provided by Section |
|
6.0501, the [The] chief appraiser may employ and compensate |
|
professional, clerical, and other personnel as provided by the |
|
budget, with the exception of a general counsel to the appraisal |
|
district. |
|
SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by |
|
adding Section 6.0501 to read as follows: |
|
Sec. 6.0501. APPOINTMENT OF ELIGIBLE CHIEF APPRAISER BY |
|
COMPTROLLER. (a) The comptroller shall appoint a person eligible |
|
to be a chief appraiser under Section 6.05(c) or a person who has |
|
previously been appointed or served as a chief appraiser to perform |
|
the duties of chief appraiser for an appraisal district whose chief |
|
appraiser is ineligible to serve. |
|
(b) A chief appraiser appointed under this section serves |
|
until the earlier of: |
|
(1) the first anniversary of the date the comptroller |
|
appoints the chief appraiser; or |
|
(2) the date the board of directors of the appraisal |
|
district: |
|
(A) appoints a chief appraiser under Section |
|
6.05(c); or |
|
(B) contracts with an appraisal district or a |
|
taxing unit to perform the duties of the appraisal office for the |
|
district under Section 6.05(b). |
|
(c) The comptroller shall determine the compensation of a |
|
chief appraiser appointed under this section. A chief appraiser |
|
appointed under this section shall determine the budget necessary |
|
for the adequate operation of the appraisal office, subject to the |
|
approval of the comptroller. The board of directors of the |
|
appraisal district shall amend the budget as necessary to |
|
compensate the appointed chief appraiser and fund the appraisal |
|
office as determined under this subsection. |
|
(d) An appraisal district that does not appoint a chief |
|
appraiser or contract with an appraisal district or a taxing unit to |
|
perform the duties of the appraisal office by the first anniversary |
|
of the date the comptroller appoints a chief appraiser shall |
|
contract with an appraisal district or a taxing unit to perform the |
|
duties of the appraisal office or with a qualified public or private |
|
entity to perform the duties of the chief appraiser, subject to the |
|
approval of the comptroller. |
|
SECTION 4. The Texas Commission of Licensing and Regulation |
|
shall adopt the rules required by Section 1151.1581(f), Occupations |
|
Code, as added by this Act, not later than January 1, 2014. |
|
SECTION 5. A person appointed or serving as a chief |
|
appraiser in an appraisal district established in a county with a |
|
population of 100,000 or less on the effective date of this Act who |
|
is not eligible to be appointed or serve as a chief appraiser under |
|
Section 6.05(c), Tax Code, as amended by this Act, but who is |
|
registered with the Texas Department of Licensing and Regulation |
|
and classified as a Class III appraiser under the rules of the Texas |
|
Commission of Licensing and Regulation may continue to serve as the |
|
chief appraiser until January 1, 2016. |
|
SECTION 6. This Act takes effect January 1, 2014. |