H.B. No. 2591
AN ACT
relating to the regulation of property tax consultants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1152.156(a), Occupations Code, is
amended to read as follows:
(a) In addition to satisfying the requirements of Section
1152.155, an applicant for registration as a property tax
consultant must:
(1) complete at least 40 [15] classroom hours of
educational courses approved by the executive director, including
at least four hours of instruction on laws and legal issues in this
state related to property tax consulting services and pass a
competency examination under Section 1152.160; or
(2) if the person is eligible for registration under
Section 1152.155(b), submit to the commission evidence that the
applicant has completed at least four classroom hours of
educational programs or courses on the laws and legal issues in this
state related to property tax consulting services.
SECTION 2. Section 1152.160, Occupations Code, is amended
to read as follows:
Sec. 1152.160. [SENIOR PROPERTY TAX CONSULTANT]
REGISTRATION EXAMINATIONS [EXAMINATION]. (a) The executive
director shall:
(1) adopt an examination for registration as a senior
property tax consultant; [and]
(2) adopt an examination for registration as a
property tax consultant; and
(3) establish the standards for passing the
examinations [examination].
(b) The department shall offer the examinations
[examination] at times and places designated by the executive
director.
(c) To be eligible to take an [the] examination, an
applicant must pay to the department an examination fee.
(d) The examination must[:
[(1)] test the applicant's knowledge of:
(1) [(A)] property taxation;
(2) [(B)] the property tax system;
(3) [(C)] property tax administration;
(4) [(D)] ethical standards; and
(5) [(E)] general principles of appraisal,
accounting, and law as they relate to property tax consulting
services[; and
[(2) be graded according to rules adopted by the
commission].
(e) An attorney who is licensed to practice law in this
state may take the senior property tax consultant registration
examination under this section without completing any other
eligibility requirements for registration as a senior property tax
consultant under this chapter.
(f) The department shall accept, develop, or contract for
the examinations required by this section, including the
administration of the examination.
SECTION 3. Chapter 1152, Occupations Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. PROHIBITED ACTS
Sec. 1152.231. GENERAL PROHIBITED ACTS. (a) A person
required to register under this chapter may not serve as a
registered senior property tax consultant for more than 10
registered property tax consultants unless each additional tax
consultant sponsored or supervised by the registered senior
property tax consultant has for the previous six months:
(1) been employed and engaged as a tax consultant on a
full-time basis;
(2) performed tax consultant related services as an
employee of a property owner; or
(3) performed licensed appraisal services.
(b) Except for protests filed with the approval of a lessee
under Section 41.413, Tax Code, a person required to register under
this chapter may not file a protest under Chapter 41, Tax Code,
without the approval of the property owner.
(c) A person required to register under this chapter may not
falsify an agent appointment, exemption application, protest, or
other legal document that is filed with or presented to an appraisal
district, an appraisal review board, or a taxing unit.
(d) A person required to register under this chapter may not
file a motion or protest concerning residential property on behalf
of a person whom the registrant does not represent unless the
registrant has authorization from:
(1) that person; or
(2) another person, other than the agent or the firm
that employs the agent, who is authorized by the person to designate
agents under Section 1.111, Tax Code.
Sec. 1152.232. PROHIBITED ACTS: SOLICITATION OF BUSINESS.
A person required to register under this chapter may not solicit a
property tax consulting assignment by assuring a specific outcome.
Sec. 1152.233. PROHIBITED ACTS: USE OF INTERNET WEBSITE.
(a) A person required to register under this chapter may not
maintain an Internet website for any purpose associated with the
provision of tax consulting services by the registrant that has a
domain name or other Internet address that implies that the website
is a government website.
(b) A person required to register under this chapter may not
use or maintain an Internet website for the purpose of soliciting
clients if the website does not identify the company prominently on
the home page of the website.
Sec. 1152.234. PROHIBITED ACTS: CERTAIN LEGAL ACTIONS. A
person required to register under this chapter may not engage the
services of an attorney for purposes of filing an appeal under
Chapter 42, Tax Code, without the prior consent of the client.
SECTION 4. Not later than December 31, 2009, the executive
director of the Texas Commission of Licensing and Regulation shall
accept, develop, or contract for the property tax consultant
examination required by Section 1152.160, Occupations Code, as
amended by this Act.
SECTION 5. The change in law made by this Act to Section
1152.156(a), Occupations Code, applies only to an application for
registration as a property tax consultant that is submitted to the
Texas Department of Licensing and Regulation on or after March 1,
2010. An application for registration submitted before that date
is governed by the law in effect at the time the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Subchapter E-1, Chapter 1152, Occupations Code, as
added by this Act, takes effect January 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2591 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2591 on May 23, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2591 on May 31, 2009, by the following vote: Yeas 147,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2591 was passed by the Senate, with
amendments, on May 18, 2009, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 2591 on May 31, 2009, by the following
vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor