Texas 2013 - 83rd Regular

Texas House Bill HB2224 Compare Versions

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1	1	83R24933 TJB-D
2	2	By: Hilderbran H.B. No. 2224
3	3	Substitute the following for H.B. No. 2224:
4	4	By: Hilderbran C.S.H.B. No. 2224
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the qualifications of the chief appraiser of an
10	10	appraisal district.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1151.1581, Occupations Code, is amended
13	13	by adding Subsection (f) to read as follows:
14	14	(f) As part of the continuing education requirements for a
15	15	registered professional appraiser who is the chief appraiser of an
16	16	appraisal district, the commission by rule shall require the
17	17	registrant to complete:
18	18	(1) at least half of the required hours in a program
19	19	devoted to one or more of the topics listed in Section 1151.164(b);
20	20	and
21	21	(2) at least two of the required hours in a program of
22	22	professional ethics specific to the chief appraiser of an appraisal
23	23	district, including a program on the importance of maintaining the
24	24	independence of an appraisal office from political pressure.
25	25	SECTION 2. Sections 6.05(c) and (d), Tax Code, are amended
26	26	to read as follows:
27	27	(c) The chief appraiser is the chief administrator of the
28	28	appraisal office. Except as provided by Section 6.0501, the [The]
29	29	chief appraiser is appointed by and serves at the pleasure of the
30	30	appraisal district board of directors. If a taxing unit performs
31	31	the duties of the appraisal office pursuant to a contract, the
32	32	assessor for the unit is the chief appraiser. To be eligible to be
33	33	appointed or serve as a chief appraiser, a person must be certified
34	34	as a registered professional appraiser under Section 1151.160,
35	35	Occupations Code, possess an MAI professional designation from the
36	36	Appraisal Institute, or possess an Assessment Administration
37	37	Specialist (AAS), Certified Assessment Evaluator (CAE), or
38	38	Residential Evaluation Specialist (RES) professional designation
39	39	from the International Association of Assessing Officers. A person
40	40	who is eligible to be appointed or serve as a chief appraiser by
41	41	having a professional designation described by this subsection must
42	42	become certified as a registered professional appraiser under
43	43	Section 1151.160, Occupations Code, not later than the fifth
44	44	anniversary of the date the person is appointed or begins to serve
45	45	as chief appraiser. A chief appraiser who is not eligible to be
46	46	appointed or serve as chief appraiser may not perform an action
47	47	authorized or required by law to be performed by a chief appraiser,
48	48	including the preparation, certification, or submission of any part
49	49	of the appraisal roll. Not later than January 1 of each year, a
50	50	chief appraiser shall notify the comptroller in writing that the
51	51	chief appraiser is either eligible to be appointed or serve as the
52	52	chief appraiser or not eligible to be appointed or serve as the
53	53	chief appraiser.
54	54	(d) Except as provided by Section 6.0501, the [The] chief
55	55	appraiser is entitled to compensation as provided by the budget
56	56	adopted by the board of directors. The chief appraiser's
57	57	compensation may not be directly or indirectly linked to an
58	58	increase in the total market, appraised, or taxable value of
59	59	property in the appraisal district. Except as provided by Section
60	60	6.0501, the [The] chief appraiser may employ and compensate
61	61	professional, clerical, and other personnel as provided by the
62	62	budget, with the exception of a general counsel to the appraisal
63	63	district.
64	64	SECTION 3. Subchapter A, Chapter 6, Tax Code, is amended by
65	65	adding Section 6.0501 to read as follows:
66	66	Sec. 6.0501. APPOINTMENT OF ELIGIBLE CHIEF APPRAISER BY
67	67	COMPTROLLER. (a) The comptroller shall appoint a person eligible
68	68	to be a chief appraiser under Section 6.05(c) or a person who has
69	69	previously been appointed or served as a chief appraiser to perform
70	70	the duties of chief appraiser for an appraisal district whose chief
71	71	appraiser is ineligible to serve.
72	72	(b) A chief appraiser appointed under this section serves
73	73	until the earlier of:
74	74	(1) the first anniversary of the date the comptroller
75	75	appoints the chief appraiser; or
76	76	(2) the date the board of directors of the appraisal
77	77	district:
78	78	(A) appoints a chief appraiser under Section
79	79	6.05(c); or
80	80	(B) contracts with an appraisal district or a
81	81	taxing unit to perform the duties of the appraisal office for the
82	82	district under Section 6.05(b).
83	83	(c) The comptroller shall determine the compensation of a
84	84	chief appraiser appointed under this section. A chief appraiser
85	85	appointed under this section shall determine the budget necessary
86	86	for the adequate operation of the appraisal office, subject to the
87	87	approval of the comptroller. The board of directors of the
88	88	appraisal district shall amend the budget as necessary to
89	89	compensate the appointed chief appraiser and fund the appraisal
90	90	office as determined under this subsection.
91	91	(d) An appraisal district that does not appoint a chief
92	92	appraiser or contract with an appraisal district or a taxing unit to
93	93	perform the duties of the appraisal office by the first anniversary
94	94	of the date the comptroller appoints a chief appraiser shall
95	95	contract with an appraisal district or a taxing unit to perform the
96	96	duties of the appraisal office or with a qualified public or private
97	97	entity to perform the duties of the chief appraiser, subject to the
98	98	approval of the comptroller.
99	99	SECTION 4. The Texas Commission of Licensing and Regulation
100	100	shall adopt the rules required by Section 1151.1581(f), Occupations
101	101	Code, as added by this Act, not later than January 1, 2014.
102	102	SECTION 5. A person appointed or serving as a chief
103	103	appraiser in an appraisal district established in a county with a
104	104	population of 100,000 or less on the effective date of this Act who
105	105	is not eligible to be appointed or serve as a chief appraiser under
106	106	Section 6.05(c), Tax Code, as amended by this Act, but who is
107	107	registered with the Texas Department of Licensing and Regulation
108	108	and classified as a Class III appraiser under the rules of the Texas
109	109	Commission of Licensing and Regulation may continue to serve as the
110	110	chief appraiser until January 1, 2016.
111	111	SECTION 6. This Act takes effect January 1, 2014.