88R10845 SHH-F
 
  By: Zaffirini S.B. No. 1222
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation of appraisers and the duties of the Texas
  Appraiser Licensing and Certification Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1103.004, Occupations Code, is amended
  to read as follows:
         Sec. 1103.004.  APPLICABILITY OF CHAPTER. (a)  This chapter
  does not apply to:
               (1)  a person who is authorized by law to perform an
  evaluation of real property for or to provide an evaluation of real
  property to another person;
               (2)  a real estate broker licensed under Chapter 1101
  or a sales agent acting under the authority of a sponsoring broker
  who provides to another person a written analysis, opinion, or
  conclusion relating to the estimated price of real property if the
  analysis, opinion, or conclusion:
                     (A)  is not referred to as an appraisal;
                     (B)  is given in the ordinary course of the
  broker's business; and
                     (C)  is related to the actual or potential
  acquisition, disposition, encumbrance, or management of an
  interest in real property;
               (3)  an appraiser certified by a jurisdiction other
  than this state who performs an appraisal review of an appraisal
  performed on real property in this state, if the appraiser does not
  offer an opinion of value as part of the appraisal review;
               (4)  an employee of a federally regulated financial
  institution or any other person engaged by the institution who
  performs an evaluation of real property for use by the institution
  in a transaction for which the institution is not required to use
  the services of a licensed or certified appraiser under federal
  regulations adopted under Title XI, Financial Institutions Reform,
  Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or
  under applicable state law;
               (5)  an employee of a non-bank financial institution or
  any other person engaged by the institution who provides an
  analysis, assessment, opinion, conclusion, notation, or
  compilation of data concerning the value of an interest in real
  property for use by the institution; [or]
               (6)  the procurement or use of an automated valuation
  model; or
               (7)  a person who:
                     (A)  performs appraisals in connection with the
  Practical Applications of Real Estate Appraisal course as approved
  by the Appraiser Qualifications Board; and
                     (B)  does not use a title or a reference in
  violation of Section 1103.201(b).
         (b)  Notwithstanding Subsection (a)(7), the appraisals
  described by that subsection may be credited by the board toward
  satisfying the education and experience required to obtain a
  license or certificate under this chapter.
         SECTION 2.  Section 1103.205(c), Occupations Code, is
  amended to read as follows:
         (c)  For the purpose of determining the qualifications of an
  applicant for a certificate or license under this chapter,
  acceptable appraisal experience includes[:
               [(1)] any one or any combination of the categories
  recognized by the Appraiser Qualifications Board[; and
               [(2)  experience as a real estate mortgage lending
  officer of a financial institution or as a real estate broker that
  includes the actual performance or technical review of real estate
  appraisals].
         SECTION 3.  Section 1103.554(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly[:
               [(1) provides false information in connection with an
  affidavit filed under Section 1103.205; or
               [(2)] violates Section 1103.401.
         SECTION 4.  Subchapter E, Chapter 1104, Occupations Code, is
  amended by adding Section 1104.2051 to read as follows:
         Sec. 1104.2051.  INVESTIGATIVE COMMITTEE. (a)  The
  presiding officer of the board, with the advice and consent of the
  executive committee of the board, may appoint an investigative
  committee.
         (b)  An investigative committee consists of at least two
  members.  The presiding officer of the investigative committee must
  be a board member.
         (c)  An investigative committee shall:
               (1)  review and determine the facts of a complaint; and
               (2)  submit in a timely manner a written report
  regarding the complaint to the board.
         SECTION 5.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 1103.205(b); and
               (2)  Section 1103.259.
         SECTION 6.  The changes in law made by this Act to Section
  1103.205, Occupations Code, apply only to an application for a
  certificate or license submitted to the Texas Appraiser Licensing
  and Certification Board on or after the effective date of this Act.  
  An application submitted before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 7.  The change in law made by this Act to Section
  1103.554, Occupations Code, applies only to an offense committed on
  or after the effective date of this Act.  An offense committed
  before the effective date of this Act is governed by the law in
  effect on the date the offense was committed, and the former law is
  continued in effect for that purpose.  For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 8.  The changes in law made by this Act by the
  enactment of Section 1104.2051, Occupations Code, apply only to a
  complaint submitted to the Texas Appraiser Licensing and
  Certification Board on or after the effective date of this Act.  A
  complaint submitted before the effective date of this Act is
  governed by the law in effect on the date the complaint was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 9.  This Act takes effect September 1, 2023.