Texas 2009 - 81st Regular

Texas House Bill HB2591 Compare Versions

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1	1	H.B. No. 2591
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of property tax consultants.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1152.156(a), Occupations Code, is
8	8	amended to read as follows:
9	9	(a) In addition to satisfying the requirements of Section
10	10	1152.155, an applicant for registration as a property tax
11	11	consultant must:
12	12	(1) complete at least 40 [15] classroom hours of
13	13	educational courses approved by the executive director, including
14	14	at least four hours of instruction on laws and legal issues in this
15	15	state related to property tax consulting services and pass a
16	16	competency examination under Section 1152.160; or
17	17	(2) if the person is eligible for registration under
18	18	Section 1152.155(b), submit to the commission evidence that the
19	19	applicant has completed at least four classroom hours of
20	20	educational programs or courses on the laws and legal issues in this
21	21	state related to property tax consulting services.
22	22	SECTION 2. Section 1152.160, Occupations Code, is amended
23	23	to read as follows:
24	24	Sec. 1152.160. [SENIOR PROPERTY TAX CONSULTANT]
25	25	REGISTRATION EXAMINATIONS [EXAMINATION]. (a) The executive
26	26	director shall:
27	27	(1) adopt an examination for registration as a senior
28	28	property tax consultant; [and]
29	29	(2) adopt an examination for registration as a
30	30	property tax consultant; and
31	31	(3) establish the standards for passing the
32	32	examinations [examination].
33	33	(b) The department shall offer the examinations
34	34	[examination] at times and places designated by the executive
35	35	director.
36	36	(c) To be eligible to take an [the] examination, an
37	37	applicant must pay to the department an examination fee.
38	38	(d) The examination must[:
39	39	[(1)] test the applicant's knowledge of:
40	40	(1) [(A)] property taxation;
41	41	(2) [(B)] the property tax system;
42	42	(3) [(C)] property tax administration;
43	43	(4) [(D)] ethical standards; and
44	44	(5) [(E)] general principles of appraisal,
45	45	accounting, and law as they relate to property tax consulting
46	46	services[; and
47	47	[(2) be graded according to rules adopted by the
48	48	commission].
49	49	(e) An attorney who is licensed to practice law in this
50	50	state may take the senior property tax consultant registration
51	51	examination under this section without completing any other
52	52	eligibility requirements for registration as a senior property tax
53	53	consultant under this chapter.
54	54	(f) The department shall accept, develop, or contract for
55	55	the examinations required by this section, including the
56	56	administration of the examination.
57	57	SECTION 3. Chapter 1152, Occupations Code, is amended by
58	58	adding Subchapter E-1 to read as follows:
59	59	SUBCHAPTER E-1. PROHIBITED ACTS
60	60	Sec. 1152.231. GENERAL PROHIBITED ACTS. (a) A person
61	61	required to register under this chapter may not serve as a
62	62	registered senior property tax consultant for more than 10
63	63	registered property tax consultants unless each additional tax
64	64	consultant sponsored or supervised by the registered senior
65	65	property tax consultant has for the previous six months:
66	66	(1) been employed and engaged as a tax consultant on a
67	67	full-time basis;
68	68	(2) performed tax consultant related services as an
69	69	employee of a property owner; or
70	70	(3) performed licensed appraisal services.
71	71	(b) Except for protests filed with the approval of a lessee
72	72	under Section 41.413, Tax Code, a person required to register under
73	73	this chapter may not file a protest under Chapter 41, Tax Code,
74	74	without the approval of the property owner.
75	75	(c) A person required to register under this chapter may not
76	76	falsify an agent appointment, exemption application, protest, or
77	77	other legal document that is filed with or presented to an appraisal
78	78	district, an appraisal review board, or a taxing unit.
79	79	(d) A person required to register under this chapter may not
80	80	file a motion or protest concerning residential property on behalf
81	81	of a person whom the registrant does not represent unless the
82	82	registrant has authorization from:
83	83	(1) that person; or
84	84	(2) another person, other than the agent or the firm
85	85	that employs the agent, who is authorized by the person to designate
86	86	agents under Section 1.111, Tax Code.
87	87	Sec. 1152.232. PROHIBITED ACTS: SOLICITATION OF BUSINESS.
88	88	A person required to register under this chapter may not solicit a
89	89	property tax consulting assignment by assuring a specific outcome.
90	90	Sec. 1152.233. PROHIBITED ACTS: USE OF INTERNET WEBSITE.
91	91	(a) A person required to register under this chapter may not
92	92	maintain an Internet website for any purpose associated with the
93	93	provision of tax consulting services by the registrant that has a
94	94	domain name or other Internet address that implies that the website
95	95	is a government website.
96	96	(b) A person required to register under this chapter may not
97	97	use or maintain an Internet website for the purpose of soliciting
98	98	clients if the website does not identify the company prominently on
99	99	the home page of the website.
100	100	Sec. 1152.234. PROHIBITED ACTS: CERTAIN LEGAL ACTIONS. A
101	101	person required to register under this chapter may not engage the
102	102	services of an attorney for purposes of filing an appeal under
103	103	Chapter 42, Tax Code, without the prior consent of the client.
104	104	SECTION 4. Not later than December 31, 2009, the executive
105	105	director of the Texas Commission of Licensing and Regulation shall
106	106	accept, develop, or contract for the property tax consultant
107	107	examination required by Section 1152.160, Occupations Code, as
108	108	amended by this Act.
109	109	SECTION 5. The change in law made by this Act to Section
110	110	1152.156(a), Occupations Code, applies only to an application for
111	111	registration as a property tax consultant that is submitted to the
112	112	Texas Department of Licensing and Regulation on or after March 1,
113	113	2010. An application for registration submitted before that date
114	114	is governed by the law in effect at the time the application was
115	115	submitted, and the former law is continued in effect for that
116	116	purpose.
117	117	SECTION 6. (a) Except as provided by Subsection (b) of this
118	118	section, this Act takes effect September 1, 2009.
119	119	(b) Subchapter E-1, Chapter 1152, Occupations Code, as
120	120	added by this Act, takes effect January 1, 2010.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I certify that H.B. No. 2591 was passed by the House on April
124	124	22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
125	125	voting; that the House refused to concur in Senate amendments to
126	126	H.B. No. 2591 on May 23, 2009, and requested the appointment of a
127	127	conference committee to consider the differences between the two
128	128	houses; and that the House adopted the conference committee report
129	129	on H.B. No. 2591 on May 31, 2009, by the following vote: Yeas 147,
130	130	Nays 0, 1 present, not voting.
131	131	______________________________
132	132	Chief Clerk of the House
133	133	I certify that H.B. No. 2591 was passed by the Senate, with
134	134	amendments, on May 18, 2009, by the following vote: Yeas 30, Nays
135	135	0, 1 present, not voting; at the request of the House, the Senate
136	136	appointed a conference committee to consider the differences
137	137	between the two houses; and that the Senate adopted the conference
138	138	committee report on H.B. No. 2591 on May 31, 2009, by the following
139	139	vote: Yeas 30, Nays 0.
140	140	______________________________
141	141	Secretary of the Senate
142	142	APPROVED: __________________
143	143	Date
144	144	__________________
145	145	Governor