83R3368 TJB-F
By: Hilderbran H.B. No. 2224
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications of the chief appraiser of an
appraisal district; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1151.1581, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) As part of the continuing education requirements for a
registered professional appraiser who is the chief appraiser of an
appraisal district, the commission by rule shall require the
registrant to complete:
(1) at least half of the required hours in a program
devoted to one or more of the topics listed in Section 1151.164(b);
and
(2) at least two of the required hours in a program of
professional ethics specific to the chief appraiser of an appraisal
district, including a program on the importance of maintaining the
independence of an appraisal office from political pressure.
SECTION 2. Subchapter F, Chapter 1151, Occupations Code, is
amended by adding Section 1151.254 to read as follows:
Sec. 1151.254. PROHIBITED ACTIONS OF CHIEF APPRAISER. (a)
A person who is appointed or serves as the chief appraiser of an
appraisal district who is not certified as a registered
professional appraiser under this chapter commits an offense if the
person performs an action authorized or required by law to be
performed by a chief appraiser of an appraisal district.
(b) An offense under this section is a Class A misdemeanor.
SECTION 3. Sections 6.05(c) and (d), Tax Code, are amended
to read as follows:
(c) The chief appraiser is the chief administrator of the
appraisal office. Except as provided by Section 6.0501, the [The]
chief appraiser is appointed by and serves at the pleasure of the
appraisal district board of directors. If a taxing unit performs
the duties of the appraisal office pursuant to a contract, the
assessor for the unit is the chief appraiser. To be eligible to be
appointed or serve as a chief appraiser, a person must be certified
as a registered professional appraiser under Section 1151.160,
Occupations Code. A chief appraiser who is not eligible to be
appointed or serve as chief appraiser may not perform an action
authorized or required by law to be performed by a chief appraiser,
including the preparation, certification, or submission of any part
of the appraisal roll.
(d) Except as provided by Section 6.0501, the [The] chief
appraiser is entitled to compensation as provided by the budget
adopted by the board of directors. The chief appraiser's
compensation may not be directly or indirectly linked to an
increase in the total market, appraised, or taxable value of
property in the appraisal district. Except as provided by Section
6.0501, the [The] chief appraiser may employ and compensate
professional, clerical, and other personnel as provided by the
budget, with the exception of a general counsel to the appraisal
district.
SECTION 4. Subchapter A, Chapter 6, Tax Code, is amended by
adding Section 6.0501 to read as follows:
Sec. 6.0501. APPOINTMENT OF ELIGIBLE CHIEF APPRAISER BY
COMPTROLLER. (a) The comptroller shall appoint a person eligible
to be a chief appraiser under Section 6.05(c) to perform the duties
of chief appraiser for an appraisal district whose chief appraiser
is ineligible to serve.
(b) A chief appraiser appointed under this section serves
until the earlier of:
(1) the first anniversary of the date the comptroller
appoints the chief appraiser; or
(2) the date the board of directors of the appraisal
district:
(A) appoints a chief appraiser under Section
6.05(c); or
(B) contracts with a taxing unit to perform the
duties of the appraisal office for the district under Section
6.05(b).
(c) The comptroller shall determine the compensation of a
chief appraiser appointed under this section. A chief appraiser
appointed under this section shall determine the budget necessary
for the adequate operation of the appraisal office, subject to the
approval of the comptroller. The board of directors of the
appraisal district shall amend the budget as necessary to
compensate the appointed chief appraiser and fund the appraisal
office as determined under this subsection.
(d) An appraisal district that does not appoint a chief
appraiser or contract with an appraisal district to perform the
duties of the appraisal office by the first anniversary of the date
that the comptroller appoints a chief appraiser shall contract with
an appraisal district to perform the duties of the appraisal office
or with a qualified public or private entity to perform the duties
of the chief appraiser, subject to the approval of the comptroller.
SECTION 5. The Texas Commission of Licensing and Regulation
shall adopt the rules required by Section 1151.1581(f), Occupations
Code, as added by this Act, not later than January 1, 2014.
SECTION 6. A person appointed or serving as a chief
appraiser in an appraisal district established in a county with a
population of 100,000 or less on the effective date of this Act who
is not certified as a registered professional appraiser under
Chapter 1151, Occupations Code, but who is registered with the
Texas Department of Licensing and Regulation and classified as a
Class III appraiser under the rules of the Texas Commission of
Licensing and Regulation may continue to serve as the chief
appraiser until January 1, 2016.
SECTION 7. This Act takes effect January 1, 2014.