H.B. No. 1179
AN ACT
relating to certification requirements for certain property tax
professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 1151.160, Occupations
Code, is amended to read as follows:
Sec. 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS;
RULES.
SECTION 2. Section 1151.160, Occupations Code, is amended
by amending Subsections (a) and (c) and adding Subsections (d),
(e), (f), (g), (h), and (i) to read as follows:
(a) The commission by rule shall adopt minimum requirements
for the certification of registrants. The requirements for
certification of a registrant [an employee of a taxing unit's tax
office] must emphasize the areas of responsibility of the
registrant in performing the registrant's duties for the taxing
unit.
(c) A [The rules establishing minimum requirements must
require that:
[(1) a] person registered as an appraiser shall become
certified as a registered professional appraiser not later than the
fifth anniversary of the date of the person's original
registration. The person shall obtain certification by:
(1) successfully completing the certification
requirements established by commission rule; or
(2) if the person is certified or licensed under
Chapter 1103 as an appraiser by the Texas Appraiser Licensing and
Certification Board, passing the appropriate examination required
under Section 1151.161.
(d) A [(2) a] person registered as an assessor or
assessor-collector shall become certified as a registered Texas
assessor not later than the fifth anniversary of the date of the
person's original registration. [; and]
(e) A [(3) a] person registered as a collector shall become
certified as a registered Texas collector not later than the third
anniversary of the date of the person's original registration.
(f) In this subsection, "break in service" means time during
which a person is not employed in the type of employment for which
the person is registered, other than a period resulting from
termination for cause. A registrant who has a break in service is
entitled to an adjustment of the applicable anniversary date
described by Subsection (c), (d), or (e) equal to the length of the
break in service, as determined by commission rule. A person who
has a break in service that exceeds five years must submit a new
application and proof of completion of current course requirements,
unless otherwise excepted under commission rule.
(g) A registrant who has not obtained the certification
required by Subsection (c), (d), or (e) within the time required by
the applicable subsection is entitled to a one-year extension to
meet the certification requirements if:
(1) the applicant submits proof of active military
status performed after the date of the applicant's original
registration;
(2) the applicant submits proof of leave under the
federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601
et seq.) taken after the date of the applicant's original
registration;
(3) the applicant submits proof of a death or illness
in the family or an unforeseen emergency occurring after the date of
the applicant's original registration that prevented the
registrant from meeting certification requirements;
(4) a county tax assessor-collector, chief appraiser,
chief administrative officer of a political subdivision, or other
person authorized by the commission by rule requests the extension
on behalf of an employee;
(5) the applicant requesting the extension is a county
tax assessor-collector or chief appraiser; or
(6) the applicant meets another reasonable
qualification for an extension established by the commission by
rule.
(h) The commission shall establish reasonable
qualifications for reapplication for a registration by an applicant
who does not meet any of the requirements of Subsection (g) or
Section 1151.1605.
(i) The commission shall adopt rules as necessary to
implement this section.
SECTION 3. Subchapter D, Chapter 1151, Occupations Code, is
amended by adding Section 1151.1605 to read as follows:
Sec. 1151.1605. REINSTATEMENT OF REGISTRATION. (a) A
person who has not satisfied the requirements for certification
within the time required by Section 1151.160(c), (d), or (e) or
rules adopted under those subsections may apply for reinstatement
of a registration under this section if that person obtained
registration before December 31, 2010, as a Class II collector, a
Class III appraiser, or a Class III assessor-collector as defined
by a rule adopted by the commission under Section 1151.160.
(b) A qualified person may apply for reinstatement of a
registration if, before December 31, 2011, that person:
(1) pays a $250 fee; and
(2) files a completed reinstatement application on a
form prescribed by the department.
(c) A registration reinstated under this section expires on
December 31, 2013, and may not be renewed unless the applicant
satisfies all registration and certification requirements,
including any education and examination requirements, before
December 31, 2013.
(d) If a person completes the registration and
certification requirements in order to renew a registration under
Subsection (c), the date of registration shall be the same as the
date of completion of the requirements.
(e) This section expires December 31, 2013.
SECTION 4. Subchapter D, Chapter 1151, Occupations Code, is
amended by adding Section 1151.165 to read as follows:
Sec. 1151.165. INACTIVE STATUS. The commission may adopt
rules to allow a registrant to place a registration issued by the
department on inactive status in the same manner as a license is
placed on inactive status under Section 51.4011.
SECTION 5. (a) The Texas Commission of Licensing and
Regulation shall adopt rules under Section 1151.160, Occupations
Code, as amended by this Act, and Section 1151.165, Occupations
Code, as added by this Act, not later than February 1, 2012.
(b) The Texas Commission of Licensing and Regulation shall
adopt rules under Section 1151.1605, Occupations Code, as added by
this Act, not later than October 1, 2011.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1179 was passed by the House on April
21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1179 on May 23, 2011, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1179 was passed by the Senate, with
amendments, on May 19, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor