83R3368 TJB-F
 
  By: Hilderbran H.B. No. 2224
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the qualifications of the chief appraiser of an
  appraisal district; creating an offense.
         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.  Subchapter F, Chapter 1151, Occupations Code, is
  amended by adding Section 1151.254 to read as follows:
         Sec. 1151.254.  PROHIBITED ACTIONS OF CHIEF APPRAISER. (a)
  A person who is appointed or serves as the chief appraiser of an
  appraisal district who is not certified as a registered
  professional appraiser under this chapter commits an offense if the
  person performs an action authorized or required by law to be
  performed by a chief appraiser of an appraisal district.
         (b)  An offense under this section is a Class A misdemeanor.
         SECTION 3.  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. 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.
         (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 4.  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) 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 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 to perform the
  duties of the appraisal office by the first anniversary of the date
  that the comptroller appoints a chief appraiser shall contract with
  an appraisal district 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 5.  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 6.  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 certified as a registered professional appraiser under
  Chapter 1151, Occupations Code, 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 7.  This Act takes effect January 1, 2014.