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Texas House Bill HB2447

Texas 2009 - 81st Regular

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11 H.B. No. 2447
22
33
44 AN ACT
55 relating to the abolition of the Board of Tax Professional
66 Examiners and the transfer of its functions to the Texas Department
77 of Licensing and Regulation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 1151.002, Occupations Code, is amended
1010 by amending Subdivision (5) and adding Subdivisions (7-a), (7-b),
1111 and (7-c) to read as follows:
1212 (5) "Code of ethics" means a formal statement of
1313 ethical standards of conduct adopted by the commission [board].
1414 (7-a) "Commission" means the Texas Commission of
1515 Licensing and Regulation.
1616 (7-b) "Committee" means the Texas Tax Professional
1717 Advisory Committee.
1818 (7-c) "Department" means the Texas Department of
1919 Licensing and Regulation.
2020 SECTION 2. Section 1151.004(b), Occupations Code, is
2121 amended to read as follows:
2222 (b) The department [board] shall thoroughly investigate a
2323 complaint of a violation of this section.
2424 SECTION 3. The heading to Subchapter B, Chapter 1151,
2525 Occupations Code, is amended to read as follows:
2626 SUBCHAPTER B. TEXAS [BOARD OF] TAX PROFESSIONAL ADVISORY COMMITTEE
2727 [EXAMINERS]
2828 SECTION 4. Section 1151.051, Occupations Code, as amended
2929 by Chapters 815 (S.B. 276) and 1170 (S.B. 287), Acts of the 78th
3030 Legislature, Regular Session, 2003, is reenacted and amended to
3131 read as follows:
3232 Sec. 1151.051. [BOARD] MEMBERSHIP. (a) The Texas [Board
3333 of] Tax Professional Advisory Committee [Examiners] consists of
3434 seven [five] members appointed by the presiding officer of the
3535 commission with the approval of the commission [governor with the
3636 advice and consent of the senate] as follows:
3737 (1) two members who are certified under this chapter
3838 as registered professional appraisers [four members who:
3939 [(A) are actively engaged in property tax
4040 administration;
4141 [(B) have at least five years' experience in
4242 appraisal, assessment, or collection; and
4343 [(C) are certified under this chapter as a
4444 registered professional appraiser, registered Texas collector, or
4545 registered Texas assessor]; [and]
4646 (2) two members who are certified under this chapter
4747 as registered Texas collectors or registered Texas assessors; and
4848 (3) three members [one member] who represent
4949 [represents] the public.
5050 (b) A vacancy on the committee [board] is filled in the same
5151 manner as the original appointment [by appointment by the governor
5252 of a qualified person to serve] for the unexpired portion of the
5353 term.
5454 (c) The presiding officer of the commission shall designate
5555 one member of the committee as the presiding officer.
5656 (d) Each appointment to the committee [board] shall be made
5757 without regard to the race, color, disability, sex, religion, age,
5858 or national origin of the appointee.
5959 (e) Section 2110.008, Government Code, does not apply to the
6060 committee.
6161 SECTION 5. Section 1151.0511, Occupations Code, is amended
6262 to read as follows:
6363 Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may
6464 not be a public member of the committee [board] if the person or the
6565 person's spouse:
6666 (1) is registered, certified, or licensed by a
6767 regulatory agency in the field of property tax appraisal,
6868 assessment, or collection;
6969 (2) is employed by or participates in the management
7070 of a business entity or other organization regulated by or
7171 receiving money from the department [board];
7272 (3) owns or controls, directly or indirectly, more
7373 than a 10 percent interest in a business entity or other
7474 organization regulated by or receiving money from the department
7575 [board]; [or]
7676 (4) uses or receives a substantial amount of tangible
7777 goods, services, or money from the department [board] other than
7878 compensation or reimbursement authorized by law for committee
7979 [board] membership, attendance, or expenses; or
8080 (5) at any time has served on an appraisal review
8181 board.
8282 SECTION 6. Sections 1151.0512(b) and (c), Occupations Code,
8383 are amended to read as follows:
8484 (b) A person may not be a member of the committee [board and
8585 may not be a board employee employed in a "bona fide executive,
8686 administrative, or professional capacity," as that phrase is used
8787 for purposes of establishing an exemption to the overtime
8888 provisions of the federal Fair Labor Standards Act of 1938 (29
8989 U.S.C. Section 201 et seq.), and its subsequent amendments,] if:
9090 (1) the person is an officer, employee, or paid
9191 consultant of a Texas trade association in the field of property tax
9292 appraisal, assessment, or collection; or
9393 (2) the person's spouse is an officer, manager, or paid
9494 consultant of a Texas trade association in the field of property tax
9595 appraisal, assessment, or collection.
9696 (c) A person may not be a member of the committee [board or
9797 act as the general counsel to the board] if the person or the
9898 person's spouse is required to register as a lobbyist under Chapter
9999 305, Government Code, because of the person's activities for
100100 compensation on behalf of a profession related to the operation of
101101 the committee or the department [board].
102102 SECTION 7. Section 1151.052, Occupations Code, is amended
103103 to read as follows:
104104 Sec. 1151.052. TERMS. Committee [Board] members serve
105105 six-year terms, with the terms of one or two members expiring on
106106 March 1 of each odd-numbered year.
107107 SECTION 8. Section 1151.055(a), Occupations Code, is
108108 amended to read as follows:
109109 (a) A committee [board] member may not receive compensation
110110 for the member's services.
111111 SECTION 9. The heading to Subchapter C, Chapter 1151,
112112 Occupations Code, is amended to read as follows:
113113 SUBCHAPTER C. [BOARD POWERS AND] DUTIES OF COMMISSION, EXECUTIVE
114114 DIRECTOR, DEPARTMENT, AND ADVISORY COMMITTEE
115115 SECTION 10. Subchapter C, Chapter 1151, Occupations Code,
116116 is amended by adding Section 1151.101 to read as follows:
117117 Sec. 1151.101. FEES. The commission, with the advice of the
118118 committee, shall establish fees under this chapter in amounts
119119 reasonable and necessary to cover the costs of administering the
120120 programs and activities under this chapter.
121121 SECTION 11. Section 1151.1015, Occupations Code, is amended
122122 to read as follows:
123123 Sec. 1151.1015. ASSISTANCE FROM [INTERAGENCY CONTRACT
124124 WITH] COMPTROLLER. The comptroller shall enter into a memorandum
125125 of understanding with the department under which the comptroller
126126 shall provide [(a) The board and the comptroller shall provide
127127 under an interagency contract for the comptroller to provide
128128 administrative support to the board. The contract must include
129129 terms for fees to be paid by the board to the comptroller for
130130 services provided under the contract.
131131 [(b) Under the interagency contract, the comptroller shall
132132 provide to the board]:
133133 (1) information on the educational needs of and
134134 opportunities for tax professionals;
135135 (2) review and approval of all required educational
136136 courses, examinations, and continuing education programs for
137137 registrants;
138138 (3) a copy of any report issued by the comptroller
139139 under Section 5.102, Tax Code, and if requested by the department a
140140 copy of any work papers or other documents collected or created in
141141 connection with a report issued under that section; and
142142 (4) information and assistance regarding
143143 administrative proceedings conducted under the commission's rules
144144 or this chapter [assistance with outreach efforts to inform
145145 taxpayers of their rights and remedies;
146146 [(3) information on appraisal district enforcement
147147 efforts; and
148148 [(4) assistance with administrative services,
149149 including:
150150 [(A) payroll services;
151151 [(B) budgeting services;
152152 [(C) information technology support;
153153 [(D) human resources services; and
154154 [(E) other administrative services necessary for
155155 the board to perform its powers and duties under this chapter].
156156 SECTION 12. Section 1151.102, Occupations Code, is amended
157157 to read as follows:
158158 Sec. 1151.102. GENERAL RULEMAKING AUTHORITY. The
159159 commission [board] may adopt and enforce rules necessary for the
160160 performance of the department's [board's] duties.
161161 SECTION 13. Section 1151.103, Occupations Code, is amended
162162 to read as follows:
163163 Sec. 1151.103. ESTABLISHMENT OF PROFESSIONAL STANDARDS.
164164 The commission shall [board may] establish standards of
165165 professional practice, conduct, education, and ethics for
166166 appraisers, assessors, and collectors consistent with the purposes
167167 and intent of this chapter.
168168 SECTION 14. Section 1151.104, Occupations Code, is amended
169169 to read as follows:
170170 Sec. 1151.104. ENFORCEMENT OF CHAPTER. The department
171171 [board] may ensure strict compliance with and enforce this chapter.
172172 SECTION 15. Section 1151.106(a), Occupations Code, is
173173 amended to read as follows:
174174 (a) The commission [board] by rule shall:
175175 (1) adopt a classification system for registrants; and
176176 (2) establish minimum requirements for each
177177 classification.
178178 SECTION 16. Section 1151.107(a), Occupations Code, is
179179 amended to read as follows:
180180 (a) The department [board] shall maintain a roster of
181181 registrants that includes each registrant's name, place of
182182 employment, and classification.
183183 SECTION 17. Section 1151.108, Occupations Code, is amended
184184 to read as follows:
185185 Sec. 1151.108. COMMITTEE DUTIES. The committee shall:
186186 (1) recommend to the commission rules and standards
187187 regarding technical issues relating to tax professionals;
188188 (2) provide advice to the commission regarding
189189 continuing education courses and curricula for registrants;
190190 (3) provide advice to the commission regarding the
191191 contents of any examination required by the commission under this
192192 chapter; and
193193 (4) educate, and respond to questions from, the
194194 commission and the department regarding issues affecting tax
195195 professionals. [MONEY RECEIVED BY BOARD. The board shall receive
196196 and account for all money derived under this chapter.]
197197 SECTION 18. Section 1151.151, Occupations Code, is amended
198198 to read as follows:
199199 Sec. 1151.151. REGISTRATION REQUIRED; EXEMPTION. (a) The
200200 following persons must register with the department [board]:
201201 (1) the chief appraiser of an appraisal district, an
202202 appraisal supervisor or assistant, a property tax appraiser, an
203203 appraisal engineer, and any other person authorized to render
204204 judgment on, recommend, or certify an appraised value to the
205205 appraisal review board of an appraisal district;
206206 (2) a person who engages in appraisal of property for
207207 ad valorem tax purposes for an appraisal district or a taxing unit;
208208 (3) an assessor-collector, a collector, or another
209209 person designated by a governing body as the chief administrator of
210210 the taxing unit's assessment functions, collection functions, or
211211 both; and
212212 (4) a person who performs assessment or collection
213213 functions for a taxing unit and is required to register by the chief
214214 administrator of the unit's tax office.
215215 (b) A county assessor-collector is not required to register
216216 with the department [board] if the county, by contract entered into
217217 under Section 6.24(b), Tax Code, has its taxes assessed and
218218 collected by another taxing unit or an appraisal district.
219219 SECTION 19. Section 1151.153, Occupations Code, is amended
220220 to read as follows:
221221 Sec. 1151.153. REGISTRATION APPLICATION. (a) An
222222 application for registration must be made on the printed form
223223 provided by the department [board]. In prescribing the contents of
224224 an application form, the commission [board] shall ensure that the
225225 form requires information sufficient to properly classify the
226226 applicant.
227227 (b) Each application form the department [board] provides
228228 must be accompanied by the code of ethics.
229229 SECTION 20. Section 1151.154, Occupations Code, is amended
230230 to read as follows:
231231 Sec. 1151.154. SUBMISSION OF APPLICATION. [(a)] An
232232 initial application for registration must be accompanied by:
233233 (1) a nonrefundable [$50] processing fee; and
234234 (2) a nonrefundable registration [the] fee [required
235235 by Section 1151.158].
236236 SECTION 21. Sections 1151.155(a) and (b), Occupations Code,
237237 are amended to read as follows:
238238 (a) The department [board] shall act on an application for
239239 registration not later than the 30th day after the date the
240240 application is received.
241241 (b) The department [board] shall:
242242 (1) classify and register each applicant the
243243 department [board] approves; and
244244 (2) notify the registrant of the requirements for:
245245 (A) maintenance of the registrant's current
246246 registration; and
247247 (B) professional certification by the department
248248 [board].
249249 SECTION 22. Section 1151.156, Occupations Code, is amended
250250 to read as follows:
251251 Sec. 1151.156. DISCRIMINATION PROHIBITED. The department
252252 [board] may not refuse to register an applicant because of the race,
253253 color, disability [creed], sex, religion, age, or national [ethnic]
254254 origin of the applicant.
255255 SECTION 23. Section 1151.157(a), Occupations Code, is
256256 amended to read as follows:
257257 (a) The department [board] shall issue an identification
258258 card to each person registered under this chapter. While on
259259 official duty, the registrant shall have the identification card in
260260 the registrant's possession.
261261 SECTION 24. Section 1151.158, Occupations Code, is amended
262262 to read as follows:
263263 Sec. 1151.158. ANNUAL FEE; EXPIRATION AND RENEWAL OF
264264 REGISTRATION. (a) Except as otherwise provided by the commission,
265265 a [A] registration under this chapter is valid for one year [expires
266266 on December 31] and must be renewed annually. A registrant must pay
267267 an annual fee [of not less than $45 or more than $75]. The
268268 commission by rule may adopt a system under which registrations
269269 expire on various dates during the year.
270270 (b) The department shall notify a registrant under this
271271 chapter of the impending expiration of the registrant's
272272 registration as provided by Section 51.401(f). [On or before
273273 December 1 of each year, the board shall:
274274 [(1) establish the amount of the renewal fee for the
275275 following year; and
276276 [(2) mail a renewal notice to each person registered
277277 under this chapter.]
278278 SECTION 25. Section 1151.1581, Occupations Code, is amended
279279 to read as follows:
280280 Sec. 1151.1581. CONTINUING EDUCATION. (a) The
281281 commission [board] shall recognize, prepare, or administer
282282 continuing education programs for registrants under this chapter
283283 [its license holders].
284284 (b) The comptroller must review and approve all continuing
285285 education programs for registrants.
286286 (c) A registrant [license holder] must participate in the
287287 programs to the extent required by the department [board] to keep
288288 the person's certificate of registration [license].
289289 (d) The commission may set fees for continuing education
290290 courses and providers of continuing education courses in amounts
291291 reasonable and necessary to cover the department's costs in
292292 administering the department's duties under this section.
293293 (e) The comptroller may set fees for continuing education
294294 courses and providers of continuing education courses in amounts
295295 reasonable and necessary to cover the comptroller's costs in
296296 administering the comptroller's duties under this section.
297297 SECTION 26. Sections 1151.160(a) and (b), Occupations Code,
298298 are amended to read as follows:
299299 (a) The commission [board] by rule shall adopt minimum
300300 requirements for the certification of registrants. The
301301 requirements for certification of an employee of a taxing unit's
302302 tax office must emphasize[, but are not limited to,] the areas of
303303 responsibility of the registrant in performing the registrant's
304304 duties for the taxing unit.
305305 (b) "Registered professional appraiser" is the highest
306306 level of certification established by the commission [board] for a
307307 person engaged in appraisal. "Registered Texas assessor" is the
308308 highest level of certification established by the commission
309309 [board] for a person engaged in assessment. "Registered Texas
310310 collector" is the highest level of certification established by the
311311 commission [board] for a person engaged in collection.
312312 SECTION 27. Section 1151.161, Occupations Code, is amended
313313 to read as follows:
314314 Sec. 1151.161. EXAMINATION FOR CERTIFICATION; APPLICATION;
315315 FEE. (a) The commission [board] by rule shall [may] require a
316316 registrant to pass one or more examinations to be certified. The
317317 commission [board] by rule shall ensure that any examination
318318 required for certification is administered in compliance with the
319319 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
320320 seq.)[, and its subsequent amendments].
321321 (b) An applicant for examination under this section must
322322 apply to take the examination in the manner prescribed by the
323323 department [file an application with the board on a printed form
324324 provided by the board. In prescribing the contents of the form, the
325325 board shall ensure that the form requires information sufficient to
326326 determine the applicant's current classification].
327327 (c) The department may accept, develop, or contract for the
328328 examinations required by this section, including the
329329 administration of the examinations. The comptroller must approve
330330 the content of an examination accepted, developed, or contracted
331331 for by the department. The department may require a third-party
332332 vendor to collect a fee associated with the examination directly
333333 from examinees. [The application for examination must be:
334334 [(1) filed with the board not later than the 14th day
335335 before the examination date; and
336336 [(2) accompanied by a nonrefundable fee in the amount
337337 set by the board.]
338338 SECTION 28. Section 1151.162, Occupations Code, is amended
339339 to read as follows:
340340 Sec. 1151.162. RULES RELATING TO RECERTIFICATION AND
341341 SPECIALIZATION. The commission [board] may adopt rules:
342342 (1) regarding recertification to ensure that each
343343 person certified under this chapter who is engaged in appraisal,
344344 assessment, or collection is registered and professionally
345345 competent; and
346346 (2) establishing specialized classifications,
347347 designations, and requirements as necessary to accomplish the
348348 purposes of this chapter, including maintaining high standards of
349349 professional practice in all phases of property taxation.
350350 SECTION 29. Section 1151.163, Occupations Code, is amended
351351 to read as follows:
352352 Sec. 1151.163. REGISTRATION [LICENSE] BY ENDORSEMENT. The
353353 department [board] may waive any prerequisite to obtaining a
354354 certificate of registration [license] for an applicant after
355355 reviewing the applicant's credentials and determining that the
356356 applicant holds a license or certificate of registration issued by
357357 another jurisdiction that has [licensing] requirements
358358 substantially equivalent to those of this state.
359359 SECTION 30. Sections 1151.164(a) and (b), Occupations Code,
360360 are amended to read as follows:
361361 (a) The department [board] shall implement a training
362362 program for newly appointed chief appraisers and shall prescribe
363363 the curriculum for the training program as provided by this
364364 section.
365365 (b) The training program must provide the appointee with
366366 information regarding:
367367 (1) this chapter;
368368 (2) the programs operated by the department [board];
369369 (3) the role and functions of the department [board];
370370 (4) the rules of the commission [board], with an
371371 emphasis on the rules that relate to ethical behavior;
372372 (5) the role and functions of the chief appraiser, the
373373 appraisal district board of directors, and the appraisal review
374374 board;
375375 (6) the importance of maintaining the independence of
376376 an appraisal office from political pressure;
377377 (7) the importance of prompt and courteous treatment
378378 of the public;
379379 (8) the finance and budgeting requirements for an
380380 appraisal district, including appropriate controls to ensure that
381381 expenditures are proper; and
382382 (9) the requirements of:
383383 (A) the open meetings law, Chapter 551,
384384 Government Code;
385385 (B) the public information law, Chapter 552,
386386 Government Code;
387387 (C) the administrative procedure law, Chapter
388388 2001, Government Code;
389389 (D) other laws relating to public officials,
390390 including conflict-of-interest laws; and
391391 (E) the standards of ethics imposed by the
392392 Uniform Standards of Professional Appraisal Practice.
393393 SECTION 31. Section 1151.202, Occupations Code, is amended
394394 to read as follows:
395395 Sec. 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY
396396 ACTION. (a) The department [board] may deny an application for[,
397397 suspend, or revoke the] registration of or take other disciplinary
398398 action as described by Chapter 51 against a person who violates this
399399 chapter or a commission [board] rule[, place on probation a person
400400 whose registration has been suspended, or reprimand a person for a
401401 violation by the person of this chapter or a board rule].
402402 (b) The commission [board] by rule shall adopt written
403403 guidelines to ensure that denials of registration under this
404404 section and other disciplinary actions under Chapter 51 [probation
405405 and the issuance of reprimands] are administered consistently.
406406 (c) Before imposing an administrative penalty under
407407 Subchapter F, Chapter 51, against a registrant, the department must
408408 consider evidence that the registrant:
409409 (1) attempted in good faith to implement or execute a
410410 law, policy, rule, order, budgetary restriction, or other
411411 regulation provided by the laws of this state, the comptroller, or
412412 the governing body or the chief administrator of the appraisal
413413 district or taxing jurisdiction that employs the registrant;
414414 (2) acted on the advice of counsel or the comptroller;
415415 or
416416 (3) had discretion over the matter on which the
417417 complaint is based, if the complaint is based solely on grounds that
418418 the registrant decided incorrectly or failed to exercise discretion
419419 in favor of the complainant.
420420 (d) The department may notify the local governmental entity
421421 that employs a registrant of a complaint against the registrant by
422422 sending a copy of the complaint letter to the local governmental
423423 entity.
424424 SECTION 32. Section 1151.204, Occupations Code, is amended
425425 to read as follows:
426426 Sec. 1151.204. DISMISSAL OF COMPLAINT RELATING TO APPRAISED
427427 VALUE. After investigation, the department [The board] may dismiss
428428 a complaint without conducting a hearing if:
429429 (1) the complaint challenges only [involves a
430430 disagreement on] the appraised value of a property or another
431431 matter for which Title I, Tax Code, specifies a remedy and does not
432432 credibly allege a violation of this chapter or the standards
433433 established by the commission for registrants under this chapter;
434434 and
435435 (2) the disagreement has not been resolved in the
436436 complainant's favor by an appraisal review board or court.
437437 SECTION 33. Sections 1151.205(a) and (b), Occupations Code,
438438 are amended to read as follows:
439439 (a) The department [board] may request and, if necessary,
440440 compel by subpoena:
441441 (1) the attendance of witnesses for examination under
442442 oath; and
443443 (2) the production of records, documents, and other
444444 evidence relevant to the investigation of an alleged violation of
445445 this chapter or a commission rule for inspection and copying.
446446 (b) If a person does not comply with the subpoena, the
447447 department [board], acting through the attorney general, may file
448448 suit to enforce the subpoena in a district court in Travis County or
449449 in the county in which a hearing conducted by the department [board]
450450 may be held.
451451 SECTION 34. Section 1151.251(a), Occupations Code, is
452452 amended to read as follows:
453453 (a) A person commits an offense if the person does not
454454 register with the department [board] as required by Section
455455 1151.151.
456456 SECTION 35. Section 1151.252(a), Occupations Code, is
457457 amended to read as follows:
458458 (a) A person commits an offense if the person performs an
459459 appraisal, assessment, or collection function while the person's
460460 registration or certification with the department [board] is not
461461 active [revoked or suspended].
462462 SECTION 36. Section 1151.253, Occupations Code, is amended
463463 to read as follows:
464464 Sec. 1151.253. COMPLAINT OF VIOLATION. A person may file a
465465 complaint with the department [board] concerning a violation of
466466 this chapter or a rule adopted by the commission under this chapter
467467 [Section 1151.251 or 1151.252].
468468 SECTION 37. Section 1152.103, Occupations Code, is amended
469469 to read as follows:
470470 Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not
471471 eligible for appointment as a member of the council if the person
472472 is:
473473 (1) required to register with the secretary of state
474474 under Chapter 305, Government Code;
475475 (2) required to register with the department [Board of
476476 Tax Professional Examiners] under Chapter 1151; or
477477 (3) exempt from the registration requirements imposed
478478 by this chapter, except as provided by Section 1152.102.
479479 SECTION 38. Section 411.122(d), Government Code, is amended
480480 to read as follows:
481481 (d) The following state agencies are subject to this
482482 section:
483483 (1) Texas Appraiser Licensing and Certification
484484 Board;
485485 (2) Texas Board of Architectural Examiners;
486486 (3) Texas Board of Chiropractic Examiners;
487487 (4) State Board of Dental Examiners;
488488 (5) Texas Board of Professional Engineers;
489489 (6) Texas Funeral Service Commission;
490490 (7) Texas Board of Professional Geoscientists;
491491 (8) Department of State Health Services, except as
492492 provided by Section 411.110, and agencies attached to the
493493 department, including:
494494 (A) Texas State Board of Examiners of Dietitians;
495495 (B) Texas State Board of Examiners of Marriage
496496 and Family Therapists;
497497 (C) Midwifery Board;
498498 (D) Texas State Perfusionist Advisory Committee
499499 [Board of Examiners of Perfusionists];
500500 (E) Texas State Board of Examiners of
501501 Professional Counselors;
502502 (F) Texas State Board of Social Worker Examiners;
503503 (G) State Board of Examiners for Speech-Language
504504 Pathology and Audiology;
505505 (H) Advisory Board of Athletic Trainers;
506506 (I) State Committee of Examiners in the Fitting
507507 and Dispensing of Hearing Instruments;
508508 (J) Texas Board of Licensure for Professional
509509 Medical Physicists; and
510510 (K) Texas Board of Orthotics and Prosthetics;
511511 (9) Texas Board of Professional Land Surveying;
512512 (10) Texas Department of Licensing and Regulation,
513513 except as provided by Section 411.093;
514514 (11) Texas Commission on Environmental Quality;
515515 (12) Texas Board of Occupational Therapy Examiners;
516516 (13) Texas Optometry Board;
517517 (14) Texas State Board of Pharmacy;
518518 (15) Texas Board of Physical Therapy Examiners;
519519 (16) Texas State Board of Plumbing Examiners;
520520 (17) Texas State Board of Podiatric Medical Examiners;
521521 (18) Polygraph Examiners Board;
522522 (19) Texas State Board of Examiners of Psychologists;
523523 (20) Texas Real Estate Commission;
524524 (21) [Board of Tax Professional Examiners;
525525 [(22)] Texas Department of Transportation;
526526 (22) [(23)] State Board of Veterinary Medical
527527 Examiners;
528528 (23) [(24)] Texas Department of Housing and Community
529529 Affairs;
530530 (24) [(25)] secretary of state;
531531 (25) [(26)] state fire marshal;
532532 (26) [(27)] Texas Education Agency; and
533533 (27) [(28)] Department of Agriculture.
534534 SECTION 39. Section 2054.352(a), Government Code, is
535535 amended to read as follows:
536536 (a) The following licensing entities shall participate in
537537 the system established under Section 2054.353:
538538 (1) Texas Board of Chiropractic Examiners;
539539 (2) Court Reporters Certification Board;
540540 (3) State Board of Dental Examiners;
541541 (4) Texas Funeral Service Commission;
542542 (5) Texas Board of Professional Land Surveying;
543543 (6) Texas Medical Board;
544544 (7) Texas Board of Nursing;
545545 (8) Texas Optometry Board;
546546 (9) Department of Agriculture, for licenses issued
547547 under Chapter 1951, Occupations Code;
548548 (10) Texas State Board of Pharmacy;
549549 (11) Executive Council of Physical Therapy and
550550 Occupational Therapy Examiners;
551551 (12) Texas State Board of Plumbing Examiners;
552552 (13) Texas State Board of Podiatric Medical Examiners;
553553 (14) [Board of Tax Professional Examiners;
554554 [(15)] Polygraph Examiners Board;
555555 (15) [(16)] Texas State Board of Examiners of
556556 Psychologists;
557557 (16) [(17)] State Board of Veterinary Medical
558558 Examiners;
559559 (17) [(18)] Texas Real Estate Commission;
560560 (18) [(19)] Texas Appraiser Licensing and
561561 Certification Board;
562562 (19) [(20)] Texas Department of Licensing and
563563 Regulation;
564564 (20) [(21)] Texas State Board of Public Accountancy;
565565 (21) [(22)] State Board for Educator Certification;
566566 (22) [(23)] Texas Board of Professional Engineers;
567567 (23) [(24)] Department of State Health Services;
568568 (24) [(25)] Texas Board of Architectural Examiners;
569569 (25) [(26)] Texas Racing Commission;
570570 (26) [(27)] Commission on Law Enforcement Officer
571571 Standards and Education; and
572572 (27) [(28)] Texas Private Security Board.
573573 SECTION 40. Section 5.04, Tax Code, is amended to read as
574574 follows:
575575 Sec. 5.04. TRAINING AND EDUCATION OF APPRAISERS. (a) The
576576 comptroller shall enter into a memorandum of understanding [consult
577577 and cooperate] with the Texas Department of Licensing and
578578 Regulation [Board of Tax Professional Examiners] or any successor
579579 agency responsible for certifying tax professionals in this state
580580 in setting standards for and approving curricula and materials for
581581 use in training and educating appraisers and assessor-collectors,
582582 and the comptroller may contract or enter into a memorandum of
583583 understanding [cooperate with the board or] with other public
584584 agencies, educational institutions, or private organizations in
585585 sponsoring courses of instruction and training programs.
586586 (b) An appraisal district shall reimburse an employee of the
587587 appraisal office for all actual and necessary expenses, tuition and
588588 other fees, and costs of materials incurred in attending, with
589589 approval of the chief appraiser, a course or training program
590590 sponsored or approved by the Texas Department of Licensing and
591591 Regulation [Board of Tax Professional Examiners].
592592 SECTION 41. The following statutes are repealed:
593593 (1) Section 1151.002(4), Occupations Code;
594594 (2) Section 1151.003, Occupations Code;
595595 (3) Section 1151.053, Occupations Code;
596596 (4) Section 1151.054, Occupations Code;
597597 (5) Section 1151.055(b), Occupations Code;
598598 (6) Section 1151.056, Occupations Code;
599599 (7) Section 1151.057, Occupations Code;
600600 (8) Subchapter B-1, Chapter 1151, Occupations Code;
601601 (9) Section 1151.1021, Occupations Code;
602602 (10) Section 1151.105, Occupations Code;
603603 (11) Section 1151.109, Occupations Code;
604604 (12) Section 1151.110, Occupations Code;
605605 (13) Subchapter C-1, Chapter 1151, Occupations Code;
606606 (14) Section 1151.155(c), Occupations Code;
607607 (15) Section 1151.159, Occupations Code;
608608 (16) Section 1151.1611, Occupations Code;
609609 (17) Section 1151.164(c), Occupations Code;
610610 (18) Section 1151.201, Occupations Code;
611611 (19) Section 1151.2025, Occupations Code; and
612612 (20) Section 1151.203, Occupations Code.
613613 SECTION 42. (a) As soon as possible after the effective
614614 date of this Act, the presiding officer of the Texas Commission of
615615 Licensing and Regulation shall appoint the members of the Texas Tax
616616 Professional Advisory Committee in accordance with Chapter 1151,
617617 Occupations Code, as amended by this Act. In making the initial
618618 appointments, the presiding officer shall designate two members for
619619 terms expiring March 1, 2011, two members for terms expiring March
620620 1, 2013, and three members for terms expiring March 1, 2015.
621621 (b) Section 1151.1581, Occupations Code, as amended by this
622622 Act, applies only to continuing education that must be completed by
623623 a registrant on or after June 1, 2010. A registrant may comply with
624624 the continuing education requirements under Chapter 1151,
625625 Occupations Code, before that date by complying with the
626626 requirements in effect immediately before the effective date of
627627 this Act, and the former law is continued in effect for that
628628 purpose.
629629 SECTION 43. (a) The Board of Tax Professional Examiners is
630630 abolished but continues in existence until March 1, 2010, for the
631631 sole purpose of transferring obligations, property, full-time
632632 equivalent positions, rights, powers, and duties to the Texas
633633 Department of Licensing and Regulation. The department assumes all
634634 of the obligations, property, full-time equivalent positions,
635635 rights, powers, and duties of the board, as it exists immediately
636636 before the effective date of this Act. All unexpended funds
637637 appropriated to the board are transferred to the department. The
638638 transfer of the obligations, property, full-time equivalent
639639 positions, rights, powers, and duties of the board to the
640640 department must be completed not later than March 1, 2010.
641641 (b) All rules of the Board of Tax Professional Examiners are
642642 continued in effect as rules of the Texas Commission of Licensing
643643 and Regulation until superseded by a rule of the commission. A
644644 certificate issued by the board is continued in effect as provided
645645 by the law in effect immediately before the effective date of this
646646 Act. A complaint, investigation, contested case, or other
647647 proceeding pending on the effective date of this Act is continued
648648 without change in status after the effective date of this Act. An
649649 activity conducted by the board is considered to be an activity
650650 conducted by the Texas Department of Licensing and Regulation.
651651 (c) A reference in another law or an administrative rule to
652652 the Board of Tax Professional Examiners means the Texas Department
653653 of Licensing and Regulation.
654654 SECTION 44. (a) The Board of Tax Professional Examiners, in
655655 cooperation with and at the direction of the Texas Department of
656656 Licensing and Regulation, shall complete all necessary computer
657657 programming and other tasks to ensure that the agency numbers
658658 assigned by the comptroller of public accounts to the board and the
659659 department are not necessary for any fiscal year after 2009, except
660660 to complete earlier fiscal year revenue and expenditure
661661 transactions and reporting. The number assigned by the comptroller
662662 of public accounts to the Texas Department of Licensing and
663663 Regulation shall be used to record transactions related to the
664664 regulation of tax professionals beginning in fiscal year 2010.
665665 (b) Not later than July 1, 2009, the Board of Tax
666666 Professional Examiners shall request that the comptroller of public
667667 accounts grant the Texas Department of Licensing and Regulation
668668 inquiry-only security access to the uniform statewide accounting
669669 system, the state property accounting system, the uniform statewide
670670 payroll system, and the human resources information system for the
671671 board. The Texas Department of Licensing and Regulation and the
672672 comptroller of public accounts may coordinate implementation of
673673 this subsection.
674674 (c) Not later than July 15, 2009, the Texas Department of
675675 Licensing and Regulation shall provide to the Board of Tax
676676 Professional Examiners detailed information regarding the board's
677677 responsibilities under Subsection (a) of this section.
678678 SECTION 45. (a) Except as provided by Subsection (b) of
679679 this section, this Act takes effect September 1, 2009.
680680 (b) Section 44 of this Act takes effect immediately if this
681681 Act receives a vote of two-thirds of all the members elected to each
682682 house, as provided by Section 39, Article III, Texas Constitution.
683683 If this Act does not receive the vote necessary for immediate
684684 effect, Section 44 of this Act takes effect September 1, 2009.
685685 ______________________________ ______________________________
686686 President of the Senate Speaker of the House
687687 I certify that H.B. No. 2447 was passed by the House on April
688688 28, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
689689 voting; and that the House concurred in Senate amendments to H.B.
690690 No. 2447 on May 25, 2009, by the following vote: Yeas 145, Nays 0,
691691 1 present, not voting.
692692 ______________________________
693693 Chief Clerk of the House
694694 I certify that H.B. No. 2447 was passed by the Senate, with
695695 amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
696696 0.
697697 ______________________________
698698 Secretary of the Senate
699699 APPROVED: __________________
700700 Date
701701 __________________
702702 Governor