4 | 8 | | AN ACT |
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5 | 9 | | relating to the registration and regulation of appraisal management |
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6 | 10 | | companies; authorizing fees; expanding the applicability of an |
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7 | 11 | | occupational registration. |
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8 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 13 | | SECTION 1. Section 1104.003(b), Occupations Code, is |
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10 | 14 | | amended by adding Subdivision (6-a) to read as follows: |
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11 | 15 | | (6-a) "Federally regulated appraisal management |
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12 | 16 | | company" means an appraisal management company that is: |
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13 | 17 | | (A) owned and controlled by an insured depository |
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14 | 18 | | institution, as defined by 12 U.S.C. Section 1813; and |
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15 | 19 | | (B) regulated by: |
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16 | 20 | | (i) the Board of Governors of the Federal |
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17 | 21 | | Reserve System; |
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18 | 22 | | (ii) the Federal Deposit Insurance |
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19 | 23 | | Corporation; |
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20 | 24 | | (iii) the Office of the Comptroller of the |
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21 | 25 | | Currency; or |
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22 | 26 | | (iv) the successors to any of those |
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23 | 27 | | agencies. |
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24 | 28 | | SECTION 2. Section 1104.004(a), Occupations Code, is |
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25 | 29 | | amended to read as follows: |
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26 | 30 | | (a) This chapter does not apply to: |
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27 | 31 | | (1) a person who exclusively employs appraisers on an |
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28 | 32 | | employer and employee basis for the performance of appraisals; |
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29 | 33 | | (2) a person acting as an appraisal firm as defined by |
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30 | 34 | | board rule that at all times during a calendar year employs on an |
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31 | 35 | | exclusive basis as independent contractors not more than 15 |
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32 | 36 | | appraisers for the performance of appraisals; |
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33 | 37 | | (3) a financial institution, including a department or |
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34 | 38 | | unit within the institution, that is regulated by an agency of this |
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35 | 39 | | state or the United States government; |
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36 | 40 | | (4) subject to Subsection (b), a person who enters |
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37 | 41 | | into an agreement with an appraiser for the performance of an |
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38 | 42 | | appraisal that on completion results in a report signed by both the |
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39 | 43 | | appraiser who completed the appraisal and the appraiser who |
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40 | 44 | | requested completion of the appraisal; |
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41 | 45 | | (5) an appraisal management company: |
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42 | 46 | | (A) operating only in this state with an |
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43 | 47 | | appraisal panel of not more than 15 appraisers at all times during a |
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44 | 48 | | calendar year; or |
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45 | 49 | | (B) operating in multiple states, including this |
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46 | 50 | | state, with an appraisal panel of not more than 24 appraisers in all |
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47 | 51 | | states at all times during a calendar year; [or] |
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48 | 52 | | (6) an appraisal management company that is a |
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49 | 53 | | subsidiary owned and controlled by a financial institution that is |
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50 | 54 | | subject to appraisal independence standards at least as stringent |
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51 | 55 | | as those under Section 1104.203 or the Truth in Lending Act (15 |
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52 | 56 | | U.S.C. Section 1601 et seq.) through regulation by an agency of this |
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53 | 57 | | state or the United States government; or |
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54 | 58 | | (7) subject to Section 1104.052(c), a federally |
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55 | 59 | | regulated appraisal management company. |
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56 | 60 | | SECTION 3. Section 1104.052, Occupations Code, is amended |
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57 | 61 | | by amending Subsections (b) and (c) and adding Subsections (d) and |
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58 | 62 | | (e) to read as follows: |
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59 | 63 | | (b) The board shall collect from each appraisal management |
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60 | 64 | | company registered under this chapter the national registry fee |
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61 | 65 | | required by the appraisal subcommittee for each person who is on the |
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62 | 66 | | appraisal panel of the company and licensed or certified as an |
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63 | 67 | | appraiser in this state. [The board shall deposit the registry fees |
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64 | 68 | | to the credit of the appraiser registry account in the general |
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65 | 69 | | revenue fund.] |
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66 | 70 | | (c) Notwithstanding Section 1104.004, the board shall |
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67 | 71 | | collect from each federally regulated appraisal management company |
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68 | 72 | | operating in this state: |
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69 | 73 | | (1) the national registry fee required by the |
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70 | 74 | | appraisal subcommittee; |
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71 | 75 | | (2) information regarding the determination of the |
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72 | 76 | | national registry fee as required by the appraisal subcommittee; |
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73 | 77 | | (3) a fee in an amount that is sufficient for the |
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74 | 78 | | administration of this subsection as established by board rule; and |
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75 | 79 | | (4) any other information required by state or federal |
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76 | 80 | | law. |
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77 | 81 | | (d) The board shall deposit the national registry fees |
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78 | 82 | | collected under this section to the credit of the appraiser |
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79 | 83 | | registry account in the general revenue fund. |
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80 | 84 | | (e) The national registry fees collected under this section |
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81 | 85 | | [Subsection (b)] shall be sent to the appraisal subcommittee |
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82 | 86 | | regularly as required by federal law. |
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83 | 87 | | SECTION 4. Section 1104.102(a), Occupations Code, is |
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84 | 88 | | amended to read as follows: |
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85 | 89 | | (a) A person who has had a license or certificate to act as |
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86 | 90 | | an appraiser denied, revoked, or surrendered in lieu of revocation |
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87 | 91 | | in any state may not own in any manner [more than one percent of] an |
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88 | 92 | | appraisal management company registered or applying for |
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89 | 93 | | registration under this chapter unless: |
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90 | 94 | | (1) the person has subsequently had the [a] license or |
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91 | 95 | | certificate to act as an appraiser granted or reinstated; and |
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92 | 96 | | (2) the license or certificate to act as an appraiser |
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93 | 97 | | was denied, revoked, or surrendered for a nonsubstantive reason as |
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94 | 98 | | determined by the board. |
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95 | 99 | | SECTION 5. Sections 1104.103(b) and (c), Occupations Code, |
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96 | 100 | | are amended to read as follows: |
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97 | 101 | | (b) The application must contain: |
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98 | 102 | | (1) the name, business address, and telephone contact |
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99 | 103 | | information of the applicant [entity] seeking registration; |
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100 | 104 | | (2) if the applicant [entity] is not a corporation |
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101 | 105 | | domiciled in this state, the name and contact information for the |
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102 | 106 | | applicant's [company's] agent for service of process in this state; |
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103 | 107 | | (3) the name, address, and contact information for any |
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104 | 108 | | person [individual or any corporation, partnership, or other |
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105 | 109 | | business entity] that owns more than 10 percent of the applicant |
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106 | 110 | | [appraisal management company]; |
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107 | 111 | | (4) the name, address, and contact information for at |
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108 | 112 | | least one controlling person; |
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109 | 113 | | (5) the designation of a primary contact under Section |
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110 | 114 | | 1104.104; |
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111 | 115 | | (6) the name and contact information of at least one |
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112 | 116 | | appraiser designated by the applicant [company] to respond to and |
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113 | 117 | | communicate with appraisers on the applicant's [company's] |
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114 | 118 | | appraisal panel regarding appraisal assignments; |
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115 | 119 | | (7) a certification that the applicant [entity] has a |
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116 | 120 | | system in place to ensure compliance with Subchapter D and Section |
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117 | 121 | | 129E of the Truth in Lending Act (15 U.S.C. Section 1601 et seq.); |
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118 | 122 | | (8) a written irrevocable consent to service of |
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119 | 123 | | process; and |
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120 | 124 | | (9) any other information required by the board to |
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121 | 125 | | approve the application. |
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122 | 126 | | (c) The board shall adopt rules regarding registration and |
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123 | 127 | | the renewal of a registration under this chapter. |
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124 | 128 | | SECTION 6. Section 1104.104(b), Occupations Code, is |
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125 | 129 | | amended to read as follows: |
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126 | 130 | | (b) The controlling person designated under Subsection (a): |
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127 | 131 | | (1) must: |
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128 | 132 | | (A) be certified as an appraiser in at least one |
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129 | 133 | | state at all times during the designation; or |
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130 | 134 | | (B) have completed: |
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131 | 135 | | (i) the 15-hour national Uniform Standards |
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132 | 136 | | of Professional Appraisal Practice course; and |
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133 | 137 | | (ii) the seven-hour national Uniform |
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134 | 138 | | Standards of Professional Appraisal Practice update course not more |
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135 | 139 | | than two years before the renewal of the appraisal management |
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136 | 140 | | company's registration; |
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137 | 141 | | (2) may not have had a license or certificate to act as |
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138 | 142 | | an appraiser denied, revoked, or surrendered in lieu of revocation |
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139 | 143 | | in any state unless: |
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140 | 144 | | (A) the person has subsequently had the [a] |
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141 | 145 | | license or certificate to act as an appraiser granted or |
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142 | 146 | | reinstated; and |
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143 | 147 | | (B) the license or certificate to act as an |
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144 | 148 | | appraiser was denied, revoked, or surrendered for a nonsubstantive |
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145 | 149 | | reason as determined by the board; |
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146 | 150 | | (3) must be of good moral character, as determined by |
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147 | 151 | | the board; and |
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148 | 152 | | (4) shall submit to a background investigation, as |
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149 | 153 | | determined by the board. |
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150 | 154 | | SECTION 7. Section 1104.105, Occupations Code, is amended |
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151 | 155 | | to read as follows: |
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152 | 156 | | Sec. 1104.105. DENIAL OF REGISTRATION OR RENEWAL. (a) The |
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153 | 157 | | board may deny an application for [a] registration or registration |
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154 | 158 | | renewal: |
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155 | 159 | | (1) if [to] an applicant [who] fails to satisfy a |
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156 | 160 | | requirement of this chapter; or |
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157 | 161 | | (2) on a determination by the board that: |
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158 | 162 | | (A) there is reasonable evidence that any person |
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159 | 163 | | who owns an interest in [more than 10 percent of] the appraisal |
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160 | 164 | | management company or any controlling person of the company has[, |
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161 | 165 | | within the 24 months preceding the date of the application,] had a |
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162 | 166 | | license or certification as an appraiser or a registration as an |
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163 | 167 | | appraisal management company suspended, revoked, or put on |
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164 | 168 | | probation in any state; |
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165 | 169 | | (B) the applicant has, while registered under |
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166 | 170 | | this chapter, demonstrated incompetency, untrustworthiness, or |
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167 | 171 | | conduct or practices that render the registrant unfit to perform |
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168 | 172 | | appraisal management services; or |
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169 | 173 | | (C) the applicant no longer performs appraisal |
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170 | 174 | | management services in good faith and is a source of detriment, |
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171 | 175 | | injury, or loss to the public. |
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172 | 176 | | (b) The board shall immediately provide written notice to |
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173 | 177 | | the applicant of the board's denial of a registration or of a |
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174 | 178 | | registration renewal under this chapter. |
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175 | 179 | | (c) An appeal of the denial of a registration or of the |
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176 | 180 | | renewal of a registration is governed by Chapter 2001, Government |
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177 | 181 | | Code. |
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178 | 182 | | SECTION 8. Section 1104.151(b), Occupations Code, is |
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179 | 183 | | amended to read as follows: |
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180 | 184 | | (b) An appraisal management company is not in violation of |
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181 | 185 | | Subsection (a) if: |
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182 | 186 | | (1) the person whose license or certification was |
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183 | 187 | | denied, revoked, or surrendered in lieu of revocation has |
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184 | 188 | | subsequently [since that denial, revocation, or surrender] had the |
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185 | 189 | | [a] license or certificate granted or reinstated; |
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186 | 190 | | (2) the license or certification was denied, revoked, |
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187 | 191 | | or surrendered for a nonsubstantive reason as determined by the |
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188 | 192 | | board; and |
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189 | 193 | | (3) the person maintains the license or certificate in |
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190 | 194 | | good standing. |
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191 | 195 | | SECTION 9. Section 1104.153, Occupations Code, is amended |
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192 | 196 | | to read as follows: |
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193 | 197 | | Sec. 1104.153. APPRAISAL REVIEW. A person who performs an |
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194 | 198 | | appraisal review for an appraisal management company as required by |
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195 | 199 | | Section 1104.155 must be: |
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196 | 200 | | (1) licensed as an appraiser [or certified] under |
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197 | 201 | | Chapter 1103, unless exempt by board rule; and |
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198 | 202 | | (2) qualified to perform the appraisal [with at least |
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199 | 203 | | the same certification for the property type as the appraiser who |
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200 | 204 | | completed the report] being reviewed. |
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201 | 205 | | SECTION 10. Section 1104.156, Occupations Code, is amended |
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202 | 206 | | to read as follows: |
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203 | 207 | | Sec. 1104.156. BUSINESS RECORDS. (a) An appraisal |
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204 | 208 | | management company required to register [registered] under this |
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205 | 209 | | chapter or that has applied for registration under this chapter |
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206 | 210 | | shall retain for at least five years all business records relating |
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207 | 211 | | to each service request that the company receives and the appraiser |
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208 | 212 | | who performs the appraisal for the company. |
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209 | 213 | | (b) The board may audit the records of an appraisal |
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210 | 214 | | management company required to register [registered] under this |
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211 | 215 | | chapter to ensure compliance with federal law, this chapter, board |
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212 | 216 | | rules, and the Uniform Standards of Professional Appraisal |
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213 | 217 | | Practice. |
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214 | 218 | | (c) A written record of all substantive communications |
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215 | 219 | | between an appraisal management company required to register |
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216 | 220 | | [registered] under this chapter and an appraiser relating to |
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217 | 221 | | inclusion on an appraisal panel or to an appraisal assignment must |
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218 | 222 | | be maintained as provided under Subsection (a). |
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219 | 223 | | SECTION 11. Section 1104.161(a), Occupations Code, is |
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220 | 224 | | amended to read as follows: |
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221 | 225 | | (a) An appraisal management [Other than during the first 30 |
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222 | 226 | | days after the date an appraiser is first added to the appraisal |
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223 | 227 | | panel of an appraisal management company, a] company may not remove |
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224 | 228 | | an appraiser from its panel, or otherwise refuse to assign requests |
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225 | 229 | | for appraisal services to an appraiser without: |
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226 | 230 | | (1) notifying the appraiser in writing of the reasons |
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227 | 231 | | for removal from the company's panel; |
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228 | 232 | | (2) if the appraiser is being removed from the panel |
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229 | 233 | | for illegal conduct, a violation of the Uniform Standards of |
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230 | 234 | | Professional Appraisal Practice, or a violation of this chapter, |
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231 | 235 | | notifying the appraiser of the nature of the alleged conduct or |
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232 | 236 | | violation; and |
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233 | 237 | | (3) providing an opportunity for the appraiser to |
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234 | 238 | | respond in writing to the notification. |
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235 | 239 | | SECTION 12. Section 1104.201, Occupations Code, is amended |
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236 | 240 | | by adding Subsection (c) to read as follows: |
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237 | 241 | | (c) The board may report to the appraisal subcommittee any |
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238 | 242 | | disciplinary action taken by the board against an appraisal |
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239 | 243 | | management company required to register under this chapter. |
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240 | 244 | | SECTION 13. Section 1104.202, Occupations Code, is amended |
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241 | 245 | | by adding Subsection (d) to read as follows: |
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242 | 246 | | (d) Notwithstanding any other law, an administrative |
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243 | 247 | | penalty collected under this section must be deposited in a |
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244 | 248 | | restricted fund maintained and operated by the board to develop |
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245 | 249 | | educational programs for appraisers or to conduct studies that |
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246 | 250 | | enhance consumer protection. |
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247 | 251 | | SECTION 14. Section 1104.203, Occupations Code, is amended |
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248 | 252 | | by adding Subsection (a-1) to read as follows: |
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249 | 253 | | (a-1) For purposes of Subsection (a), a fee paid by an |
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250 | 254 | | appraisal management company to an appraiser for appraisal services |
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251 | 255 | | is not a financial benefit. |
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252 | 256 | | SECTION 15. Section 1104.204(b), Occupations Code, is |
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253 | 257 | | amended to read as follows: |
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254 | 258 | | (b) The board, on its own motion, may file a complaint |
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255 | 259 | | against: |
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256 | 260 | | (1) an appraisal management company registered under |
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257 | 261 | | this chapter; |
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258 | 262 | | (2) a controlling person; or |
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259 | 263 | | (3) a person who engages in an activity for which |
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260 | 264 | | registration is required under this chapter without being |
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261 | 265 | | registered. |
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262 | 266 | | SECTION 16. Section 1104.205, Occupations Code, is amended |
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263 | 267 | | by adding Subsection (d) to read as follows: |
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264 | 268 | | (d) An investigation of an alleged violation by a person |
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265 | 269 | | registered under this chapter may not be terminated solely on the |
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266 | 270 | | basis that the person fails to renew the registration. |
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267 | 271 | | SECTION 17. Section 1104.208(a), Occupations Code, is |
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268 | 272 | | amended to read as follows: |
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269 | 273 | | (a) Based on the report submitted under Section 1104.207, |
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270 | 274 | | the board may: |
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271 | 275 | | (1) order further investigation of the complaint; |
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272 | 276 | | (2) permit the person who is the subject of the |
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273 | 277 | | complaint to participate in a voluntary discussion of the facts and |
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274 | 278 | | circumstances of the alleged violation; |
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275 | 279 | | (3) determine that there is not probable cause to |
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276 | 280 | | believe that a violation occurred and dismiss the case; or |
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277 | 281 | | (4) [(3)] determine that there is probable cause to |
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278 | 282 | | believe that a violation occurred and enter into an agreed order |
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279 | 283 | | with the respondent under Section 1104.2081 or proceed as the |
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280 | 284 | | complainant with a contested case hearing under Chapter 2001, |
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281 | 285 | | Government Code. |
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282 | 286 | | SECTION 18. Subchapter E, Chapter 1104, Occupations Code, |
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283 | 287 | | is amended by adding Sections 1104.2081 and 1104.2082 to read as |
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284 | 288 | | follows: |
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285 | 289 | | Sec. 1104.2081. AGREED ORDER. (a) The board may negotiate |
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286 | 290 | | a settlement and enter into an agreed order with an appraisal |
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287 | 291 | | management company or other person who is the subject of a complaint |
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288 | 292 | | under this subchapter. |
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289 | 293 | | (b) An agreed order must be: |
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290 | 294 | | (1) approved by the board; and |
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291 | 295 | | (2) signed by the commissioner and the appraisal |
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292 | 296 | | management company or other person who is the subject of the |
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293 | 297 | | complaint. |
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294 | 298 | | (c) A board member who participates in negotiating an agreed |
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295 | 299 | | order under this section is disqualified from participating in the |
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296 | 300 | | adjudication of a contested case that results from the negotiation. |
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297 | 301 | | (d) An appraisal management company or other person who |
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298 | 302 | | consents to negotiate under this section waives the right to notice |
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299 | 303 | | and the opportunity to be heard under Chapter 2001, Government |
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300 | 304 | | Code, during the negotiation. |
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301 | 305 | | (e) An appraisal management company or other person who |
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302 | 306 | | enters into an agreed order under this section may be disciplined |
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303 | 307 | | for failure to comply with the agreed order. |
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304 | 308 | | Sec. 1104.2082. CONFIDENTIALITY OF INVESTIGATION MATERIAL. |
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305 | 309 | | (a) Information or material, including any investigation file, is |
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306 | 310 | | confidential and not subject to disclosure under Chapter 552, |
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307 | 311 | | Government Code, or any other means of legal compulsion for |
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308 | 312 | | release, including disclosure, discovery, or subpoena, if the |
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309 | 313 | | information or material is prepared or compiled by the board in |
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310 | 314 | | connection with a complaint, investigation, or audit of any person |
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311 | 315 | | subject to the jurisdiction of the board. |
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312 | 316 | | (b) Notwithstanding Subsection (a), information or material |
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313 | 317 | | prepared or compiled by the board in connection with a complaint, |
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314 | 318 | | investigation, or audit may be disclosed: |
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315 | 319 | | (1) to the respondent; |
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316 | 320 | | (2) to a person providing a service to the board, |
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317 | 321 | | including an expert or other witness, or an investigator, if the |
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318 | 322 | | information is necessary for preparation for, or a presentation in, |
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319 | 323 | | a disciplinary proceeding against an applicant or license holder, |
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320 | 324 | | or a subsequent trial or appeal taken from a disciplinary |
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321 | 325 | | proceeding; |
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322 | 326 | | (3) to an entity in another jurisdiction that |
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323 | 327 | | licenses, registers, credentials, or disciplines any person |
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324 | 328 | | subject to the jurisdiction of the board; |
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325 | 329 | | (4) to a law enforcement agency; |
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326 | 330 | | (5) to the State Office of Administrative Hearings; or |
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327 | 331 | | (6) to the board, or a panel of the board, for use |
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328 | 332 | | during any proceeding conducted by the State Office of |
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329 | 333 | | Administrative Hearings or in a subsequent trial or appeal of a |
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330 | 334 | | board action or order. |
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331 | 335 | | (c) The release of information under Subsection (b) is not a |
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332 | 336 | | voluntary disclosure for purposes of Section 552.007, Government |
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333 | 337 | | Code. |
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334 | 338 | | (d) The board may require that a confidentiality agreement |
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335 | 339 | | be signed by a person entitled to receive information under |
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336 | 340 | | Subsection (b) before releasing the information. |
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337 | 341 | | (e) The board may withhold information or material |
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338 | 342 | | described by Subsection (a) without requesting a decision from the |
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339 | 343 | | attorney general under Subchapter G, Chapter 552, Government Code. |
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340 | 344 | | (f) Notwithstanding Subsection (a), on the dismissal or |
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341 | 345 | | final resolution of a complaint, investigation, or audit, |
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342 | 346 | | information or material prepared or compiled by the board in |
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343 | 347 | | connection with the complaint, investigation, or audit, including a |
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344 | 348 | | completed audit report or a final order of the board, is subject to |
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345 | 349 | | disclosure under Chapter 321 or 552, Government Code. |
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346 | 350 | | SECTION 19. The heading to Section 1104.210, Occupations |
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347 | 351 | | Code, is amended to read as follows: |
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348 | 352 | | Sec. 1104.210. PENALTY TO BE PAID [OR HEARING REQUESTED]. |
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349 | 353 | | SECTION 20. Section 1104.212, Occupations Code, is amended |
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350 | 354 | | to read as follows: |
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351 | 355 | | Sec. 1104.212. NOTICE OF HEARING. Not later than the 30th |
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352 | 356 | | day before the [hearing] date of a contested case hearing |
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353 | 357 | | [involving an appraisal management company], the board shall |
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354 | 358 | | personally deliver or send by certified mail [to the company] |
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355 | 359 | | notice of the hearing to the parties to the hearing. |
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356 | 360 | | SECTION 21. Subchapter E, Chapter 1104, Occupations Code, |
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357 | 361 | | is amended by adding Sections 1104.2121, 1104.2122, 1104.2131, and |
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358 | 362 | | 1104.2132 to read as follows: |
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359 | 363 | | Sec. 1104.2121. ATTORNEY GENERAL REPRESENTATION. The |
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360 | 364 | | attorney general may not represent the board in a contested case |
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361 | 365 | | before the State Office of Administrative Hearings. |
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362 | 366 | | Sec. 1104.2122. IMMUNITY OF WITNESSES. (a) The board in a |
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363 | 367 | | contested case hearing may grant a witness immunity from |
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364 | 368 | | disciplinary action by the board. |
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365 | 369 | | (b) The official record of the hearing must include the |
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366 | 370 | | reason for granting immunity. |
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367 | 371 | | Sec. 1104.2131. RECORD OF PROCEEDINGS. (a) Contested case |
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368 | 372 | | proceedings shall be recorded by: |
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369 | 373 | | (1) mechanical or electrical means; or |
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370 | 374 | | (2) a certified shorthand reporter. |
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371 | 375 | | (b) At the request of a party, the proceedings or any part of |
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372 | 376 | | the proceedings shall be transcribed. The expense of the |
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373 | 377 | | transcription shall be charged to the requesting party. |
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374 | 378 | | (c) The recording, stenographic notes, or transcription of |
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375 | 379 | | oral proceedings shall be maintained by the board until at least the |
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376 | 380 | | fifth anniversary of the date of the decision in the contested case. |
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377 | 381 | | Sec. 1104.2132. FAILURE TO APPEAR; COSTS. (a) If a |
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378 | 382 | | respondent receives proper notice of a contested case hearing but |
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379 | 383 | | does not appear in person at the hearing, the administrative law |
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380 | 384 | | judge may conduct the hearing or enter an order, as the |
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381 | 385 | | administrative law judge determines appropriate. |
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382 | 386 | | (b) The respondent is bound by the results of the hearing to |
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383 | 387 | | the same extent as if the respondent had appeared. |
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384 | 388 | | (c) The administrative law judge may award reasonable costs |
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385 | 389 | | to the board on a request for and proof of costs incurred if the |
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386 | 390 | | respondent fails to appear at the hearing. In this subsection, the |
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387 | 391 | | term "costs" means all costs associated with the hearing, including |
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388 | 392 | | the costs charged by the State Office of Administrative Hearings |
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389 | 393 | | and any costs related to hearing preparation, discovery, |
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390 | 394 | | depositions, subpoenas, service of process, witness expenses, |
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391 | 395 | | travel expenses, and investigation expenses. |
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392 | 396 | | SECTION 22. Section 1104.214, Occupations Code, is amended |
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393 | 397 | | to read as follows: |
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394 | 398 | | Sec. 1104.214. ACTION AFTER HEARING. On conclusion of a |
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395 | 399 | | contested case hearing under this subchapter, the administrative |
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396 | 400 | | law judge shall: |
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397 | 401 | | (1) make findings of fact and conclusions of law; and |
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398 | 402 | | (2) issue to the board a proposal for decision that the |
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399 | 403 | | board [shall] take one or more of the following actions: |
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400 | 404 | | (A) dismiss the charges; |
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401 | 405 | | (B) revoke the appraisal management company's |
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402 | 406 | | registration; |
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403 | 407 | | (C) suspend the registration of the appraisal |
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404 | 408 | | management company for a period of not more than five years; |
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405 | 409 | | (D) impose a period of probation, with or without |
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406 | 410 | | conditions; |
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407 | 411 | | (E) issue a public or private reprimand or a |
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408 | 412 | | warning; |
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409 | 413 | | (F) impose an administrative penalty; or |
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410 | 414 | | (G) require the payment of costs expended by the |
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411 | 415 | | board associated with the contested case, including: |
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412 | 416 | | (i) attorney's [legal] fees; |
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413 | 417 | | (ii) the costs charged by the State Office |
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414 | 418 | | of Administrative Hearings; and |
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415 | 419 | | (iii) any administrative costs associated |
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416 | 420 | | with the hearing, including witness expenses, travel expenses, and |
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417 | 421 | | investigation expenses. |
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418 | 422 | | SECTION 23. Section 1104.215, Occupations Code, is amended |
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419 | 423 | | to read as follows: |
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420 | 424 | | Sec. 1104.215. DECISION BY BOARD. (a) Based on the |
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421 | 425 | | findings of fact, [and] conclusions of law, and proposal for |
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422 | 426 | | decision of the administrative law judge [the recommendations of |
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423 | 427 | | the hearings examiner], the board by order may determine that: |
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424 | 428 | | (1) a violation has occurred and may impose an |
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425 | 429 | | administrative penalty or another sanction; or |
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426 | 430 | | (2) a violation did not occur. |
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427 | 431 | | (b) The board shall give notice of the order to the person |
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428 | 432 | | who is the subject of the order. The notice must include: |
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429 | 433 | | (1) [separate statements of] the findings of fact and |
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430 | 434 | | conclusions of law separately stated; |
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431 | 435 | | (2) the amount of any penalty imposed or a description |
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432 | 436 | | of any sanction imposed; [and] |
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433 | 437 | | (3) a statement of the right of the person to judicial |
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434 | 438 | | review of the order; and |
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435 | 439 | | (4) any other information required by law. |
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436 | 440 | | SECTION 24. Section 1104.216, Occupations Code, is amended |
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437 | 441 | | to read as follows: |
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438 | 442 | | Sec. 1104.216. MOTION [APPLICATION] FOR REHEARING. (a) A |
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439 | 443 | | [Not later than the 20th day after the date a final decision is |
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440 | 444 | | issued in a contested case, a] party may file a motion for rehearing |
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441 | 445 | | [an application] with the board [for a rehearing]. The motion |
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442 | 446 | | [application] must state: |
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443 | 447 | | (1) the specific grounds for rehearing; and |
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444 | 448 | | (2) the relief sought. |
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445 | 449 | | (b) A motion for rehearing filed under this section is |
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446 | 450 | | governed by Chapter 2001, Government Code [The application is |
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447 | 451 | | denied if the board does not grant it before the 120th day after the |
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448 | 452 | | date the commissioner is served with the application]. |
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449 | 453 | | SECTION 25. Sections 1104.102(b) and (d), Occupations Code, |
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450 | 454 | | are repealed. |
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451 | 455 | | SECTION 26. As soon as practicable after the effective date |
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452 | 456 | | of this Act, the Texas Appraiser Licensing and Certification Board |
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453 | 457 | | shall adopt rules and fees necessary to implement Chapter 1104, |
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454 | 458 | | Occupations Code, as amended by this Act. |
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455 | 459 | | SECTION 27. The changes in law made by this Act relating to |
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456 | 460 | | the eligibility for a registration under Chapter 1104, Occupations |
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457 | 461 | | Code, or to the requirements for an application under that chapter |
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458 | 462 | | apply only to an application submitted to the Texas Appraiser |
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459 | 463 | | Licensing and Certification Board on or after the effective date of |
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460 | 464 | | this Act. An application submitted before that date is governed by |
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461 | 465 | | the law in effect on the date the application was submitted, and the |
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462 | 466 | | former law is continued in effect for that purpose. |
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463 | 467 | | SECTION 28. The changes in law made by this Act relating to |
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464 | 468 | | the requirements for renewal of a registration under Chapter 1104, |
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465 | 469 | | Occupations Code, apply only to an application for renewal of a |
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466 | 470 | | registration that expires on or after the effective date of this |
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