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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of the chief appraiser of an |
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appraisal district; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1151.1581, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) As part of the continuing education requirements for a |
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registered professional appraiser who is the chief appraiser of an |
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appraisal district, the commission by rule shall require the |
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registrant to complete: |
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(1) at least half of the required hours in a program |
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devoted to one or more of the topics listed in Section 1151.164(b); |
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and |
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(2) at least two of the required hours in a program of |
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professional ethics specific to the chief appraiser of an appraisal |
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district, including a program on the importance of maintaining the |
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independence of an appraisal office from political pressure. |
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SECTION 2. Subchapter F, Chapter 1151, Occupations Code, is |
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amended by adding Section 1151.254 to read as follows: |
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Sec. 1151.254. PROHIBITED ACTIONS OF CHIEF APPRAISER. (a) |
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A person who is appointed or serves as the chief appraiser of an |
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appraisal district who is not certified as a registered |
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professional appraiser under this chapter commits an offense if the |
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person performs an action authorized or required by law to be |
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performed by a chief appraiser of an appraisal district. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 3. Sections 6.05(c) and (d), Tax Code, are amended |
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to read as follows: |
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(c) The chief appraiser is the chief administrator of the |
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appraisal office. Except as provided by Section 6.0501, the [The] |
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chief appraiser is appointed by and serves at the pleasure of the |
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appraisal district board of directors. If a taxing unit performs |
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the duties of the appraisal office pursuant to a contract, the |
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assessor for the unit is the chief appraiser. To be eligible to be |
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appointed or serve as a chief appraiser, a person must be certified |
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as a registered professional appraiser under Section 1151.160, |
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Occupations Code. A chief appraiser who is not eligible to be |
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appointed or serve as chief appraiser may not perform an action |
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authorized or required by law to be performed by a chief appraiser, |
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including the preparation, certification, or submission of any part |
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of the appraisal roll. |
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(d) Except as provided by Section 6.0501, the [The] chief |
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appraiser is entitled to compensation as provided by the budget |
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adopted by the board of directors. The chief appraiser's |
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compensation may not be directly or indirectly linked to an |
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increase in the total market, appraised, or taxable value of |
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property in the appraisal district. Except as provided by Section |
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6.0501, the [The] chief appraiser may employ and compensate |
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professional, clerical, and other personnel as provided by the |
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budget, with the exception of a general counsel to the appraisal |
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district. |
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SECTION 4. Subchapter A, Chapter 6, Tax Code, is amended by |
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adding Section 6.0501 to read as follows: |
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Sec. 6.0501. APPOINTMENT OF ELIGIBLE CHIEF APPRAISER BY |
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COMPTROLLER. (a) The comptroller shall appoint a person eligible |
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to be a chief appraiser under Section 6.05(c) to perform the duties |
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of chief appraiser for an appraisal district whose chief appraiser |
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is ineligible to serve. |
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(b) A chief appraiser appointed under this section serves |
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until the earlier of: |
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(1) the first anniversary of the date the comptroller |
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appoints the chief appraiser; or |
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(2) the date the board of directors of the appraisal |
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district: |
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(A) appoints a chief appraiser under Section |
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6.05(c); or |
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(B) contracts with a taxing unit to perform the |
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duties of the appraisal office for the district under Section |
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6.05(b). |
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(c) The comptroller shall determine the compensation of a |
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chief appraiser appointed under this section. A chief appraiser |
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appointed under this section shall determine the budget necessary |
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for the adequate operation of the appraisal office, subject to the |
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approval of the comptroller. The board of directors of the |
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appraisal district shall amend the budget as necessary to |
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compensate the appointed chief appraiser and fund the appraisal |
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office as determined under this subsection. |
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(d) An appraisal district that does not appoint a chief |
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appraiser or contract with an appraisal district to perform the |
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duties of the appraisal office by the first anniversary of the date |
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that the comptroller appoints a chief appraiser shall contract with |
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an appraisal district to perform the duties of the appraisal office |
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or with a qualified public or private entity to perform the duties |
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of the chief appraiser, subject to the approval of the comptroller. |
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SECTION 5. The Texas Commission of Licensing and Regulation |
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shall adopt the rules required by Section 1151.1581(f), Occupations |
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Code, as added by this Act, not later than January 1, 2014. |
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SECTION 6. A person appointed or serving as a chief |
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appraiser in an appraisal district established in a county with a |
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population of 100,000 or less on the effective date of this Act who |
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is not certified as a registered professional appraiser under |
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Chapter 1151, Occupations Code, but who is registered with the |
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Texas Department of Licensing and Regulation and classified as a |
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Class III appraiser under the rules of the Texas Commission of |
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Licensing and Regulation may continue to serve as the chief |
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appraiser until January 1, 2016. |
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SECTION 7. This Act takes effect January 1, 2014. |