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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of appraisers and the duties of the Texas |
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Appraiser Licensing and Certification Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1103.004, Occupations Code, is amended |
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to read as follows: |
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Sec. 1103.004. APPLICABILITY OF CHAPTER. (a) This chapter |
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does not apply to: |
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(1) a person who is authorized by law to perform an |
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evaluation of real property for or to provide an evaluation of real |
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property to another person; |
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(2) a real estate broker licensed under Chapter 1101 |
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or a sales agent acting under the authority of a sponsoring broker |
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who provides to another person a written analysis, opinion, or |
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conclusion relating to the estimated price of real property if the |
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analysis, opinion, or conclusion: |
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(A) is not referred to as an appraisal; |
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(B) is given in the ordinary course of the |
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broker's business; and |
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(C) is related to the actual or potential |
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acquisition, disposition, encumbrance, or management of an |
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interest in real property; |
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(3) an appraiser certified by a jurisdiction other |
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than this state who performs an appraisal review of an appraisal |
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performed on real property in this state, if the appraiser does not |
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offer an opinion of value as part of the appraisal review; |
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(4) an employee of a federally regulated financial |
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institution or any other person engaged by the institution who |
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performs an evaluation of real property for use by the institution |
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in a transaction for which the institution is not required to use |
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the services of a licensed or certified appraiser under federal |
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regulations adopted under Title XI, Financial Institutions Reform, |
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Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or |
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under applicable state law; |
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(5) an employee of a non-bank financial institution or |
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any other person engaged by the institution who provides an |
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analysis, assessment, opinion, conclusion, notation, or |
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compilation of data concerning the value of an interest in real |
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property for use by the institution; [or] |
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(6) the procurement or use of an automated valuation |
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model; or |
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(7) a person who: |
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(A) performs appraisals in connection with the |
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Practical Applications of Real Estate Appraisal course as approved |
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by the Appraiser Qualifications Board; and |
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(B) does not use a title or a reference in |
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violation of Section 1103.201(b). |
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(b) Notwithstanding Subsection (a)(7), the appraisals |
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described by that subsection may be credited by the board toward |
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satisfying the education and experience required to obtain a |
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license or certificate under this chapter. |
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SECTION 2. Section 1103.205(c), Occupations Code, is |
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amended to read as follows: |
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(c) For the purpose of determining the qualifications of an |
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applicant for a certificate or license under this chapter, |
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acceptable appraisal experience includes[: |
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[(1)] any one or any combination of the categories |
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recognized by the Appraiser Qualifications Board[; and |
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[(2) experience as a real estate mortgage lending |
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officer of a financial institution or as a real estate broker that |
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includes the actual performance or technical review of real estate |
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appraisals]. |
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SECTION 3. Section 1103.554(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly[: |
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[(1) provides false information in connection with an |
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affidavit filed under Section 1103.205; or |
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[(2)] violates Section 1103.401. |
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SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is |
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amended by adding Section 1104.2051 to read as follows: |
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Sec. 1104.2051. INVESTIGATIVE COMMITTEE. (a) The |
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presiding officer of the board, with the advice and consent of the |
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executive committee of the board, may appoint an investigative |
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committee. |
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(b) An investigative committee consists of at least two |
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members. The presiding officer of the investigative committee must |
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be a board member. |
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(c) An investigative committee shall: |
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(1) review and determine the facts of a complaint; and |
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(2) submit in a timely manner a written report |
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regarding the complaint to the board. |
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SECTION 5. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 1103.205(b); and |
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(2) Section 1103.259. |
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SECTION 6. The changes in law made by this Act to Section |
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1103.205, Occupations Code, apply only to an application for a |
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certificate or license submitted to the Texas Appraiser Licensing |
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and Certification Board on or after the effective date of this Act. |
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An application submitted before the effective date of this Act is |
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governed by the law in effect on the date 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. The change in law made by this Act to Section |
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1103.554, Occupations Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 8. The changes in law made by this Act by the |
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enactment of Section 1104.2051, Occupations Code, apply only to a |
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complaint submitted to the Texas Appraiser Licensing and |
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Certification Board on or after the effective date of this Act. A |
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complaint submitted before the effective date of this Act is |
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governed by the law in effect on the date the complaint 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 9. This Act takes effect September 1, 2023. |