Texas 2011 - 82nd Regular

Texas Senate Bill SB734

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the registration and regulation of appraisal management companies; providing administrative penalties.

Impact

The impact on state laws is significant, as SB734 mandates that all AMCs must register with the Texas Appraiser Licensing and Certification Board. It outlines clear provisions for how these companies can operate, what practices are deemed unlawful—such as coercing appraisers to manipulate property values—and defines the penalties for violations. This will result in stricter enforcement of appraisal integrity and ethics standards and is expected to reduce discrepancies and fraudulent activities in property valuation that can harm both consumers and financial institutions.

Summary

SB734, titled the Texas Appraisal Management Company Registration and Regulation Act, aims to formalize the registration and regulation of appraisal management companies (AMCs) in Texas. The bill introduces a framework for accountability by establishing a specific set of requirements that these companies must meet in order to operate legally. This includes maintaining the integrity and independence of appraisers, ensuring compliance with state and federal regulations, and providing mechanisms for the investigation of complaints against these entities. By implementing strict oversight, the bill seeks to protect consumers and uphold professional standards within the appraisal industry.

Sentiment

The sentiment around SB734 appears to be supportive among regulatory bodies and professional appraisal organizations, which view the bill as a necessary step toward improving the quality and reliability of appraisal services. Stakeholders have expressed optimism that the bill will result in better oversight and increased professionalism in the field. However, some concerns have been raised regarding the potential for bureaucratic overreach and the implications for smaller AMCs that may struggle to meet regulatory requirements. Thus, while there is broad support for enhancing regulations, there are mixed feelings regarding their implementation and enforcement.

Contention

Notable points of contention include the administrative penalties associated with violations of the new regulations, which could be perceived as excessive by some AMCs. The bill allows for penalties up to $25,000 for each violation, raising concerns about the financial burden on smaller companies. Additionally, the requirement for AMCs to disclose detailed fee structures and maintain independence from appraisers could create operational challenges. As the industry adjusts to these changes, the balance between regulation and operational freedom will likely dominate discussions among appraisers and real estate professionals.

Companion Bills

TX HB1146

Identical Relating to the registration and regulation of appraisal management companies; providing penalties.

Similar Bills

TX HB1146

Relating to the registration and regulation of appraisal management companies; providing penalties.

TX SB1007

Relating to the practices and professions regulated by the Texas Appraiser Licensing and Certification Board.

TX HB2850

Relating to the practices and professions regulated by the Texas Appraiser Licensing and Certification Board; requiring an occupational license; imposing fees.

TX SB2208

Relating to the transfer of the regulation of property tax professionals from the Texas Department of Licensing and Regulation to the comptroller of public accounts; providing civil and administrative penalties.

TX SB1171

Relating to practices and professions regulated by the Texas Appraiser Licensing and Certification Board.

TX HB2375

Relating to practices and professions regulated by the Texas Appraiser Licensing and Certification Board.