88R10845 SHH-F
By: Kuempel H.B. No. 2427
A BILL TO BE ENTITLED
AN ACT
relating to regulation of appraisers and the duties of the Texas
Appraiser Licensing and Certification Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1103.004, Occupations Code, is amended
to read as follows:
Sec. 1103.004. APPLICABILITY OF CHAPTER. (a) This chapter
does not apply to:
(1) a person who is authorized by law to perform an
evaluation of real property for or to provide an evaluation of real
property to another person;
(2) a real estate broker licensed under Chapter 1101
or a sales agent acting under the authority of a sponsoring broker
who provides to another person a written analysis, opinion, or
conclusion relating to the estimated price of real property if the
analysis, opinion, or conclusion:
(A) is not referred to as an appraisal;
(B) is given in the ordinary course of the
broker's business; and
(C) is related to the actual or potential
acquisition, disposition, encumbrance, or management of an
interest in real property;
(3) an appraiser certified by a jurisdiction other
than this state who performs an appraisal review of an appraisal
performed on real property in this state, if the appraiser does not
offer an opinion of value as part of the appraisal review;
(4) an employee of a federally regulated financial
institution or any other person engaged by the institution who
performs an evaluation of real property for use by the institution
in a transaction for which the institution is not required to use
the services of a licensed or certified appraiser under federal
regulations adopted under Title XI, Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or
under applicable state law;
(5) an employee of a non-bank financial institution or
any other person engaged by the institution who provides an
analysis, assessment, opinion, conclusion, notation, or
compilation of data concerning the value of an interest in real
property for use by the institution; [or]
(6) the procurement or use of an automated valuation
model; or
(7) a person who:
(A) performs appraisals in connection with the
Practical Applications of Real Estate Appraisal course as approved
by the Appraiser Qualifications Board; and
(B) does not use a title or a reference in
violation of Section 1103.201(b).
(b) Notwithstanding Subsection (a)(7), the appraisals
described by that subsection may be credited by the board toward
satisfying the education and experience required to obtain a
license or certificate under this chapter.
SECTION 2. Section 1103.205(c), Occupations Code, is
amended to read as follows:
(c) For the purpose of determining the qualifications of an
applicant for a certificate or license under this chapter,
acceptable appraisal experience includes[:
[(1)] any one or any combination of the categories
recognized by the Appraiser Qualifications Board[; and
[(2) experience as a real estate mortgage lending
officer of a financial institution or as a real estate broker that
includes the actual performance or technical review of real estate
appraisals].
SECTION 3. Section 1103.554(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly[:
[(1) provides false information in connection with an
affidavit filed under Section 1103.205; or
[(2)] violates Section 1103.401.
SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is
amended by adding Section 1104.2051 to read as follows:
Sec. 1104.2051. INVESTIGATIVE COMMITTEE. (a) The
presiding officer of the board, with the advice and consent of the
executive committee of the board, may appoint an investigative
committee.
(b) An investigative committee consists of at least two
members. The presiding officer of the investigative committee must
be a board member.
(c) An investigative committee shall:
(1) review and determine the facts of a complaint; and
(2) submit in a timely manner a written report
regarding the complaint to the board.
SECTION 5. The following provisions of the Occupations Code
are repealed:
(1) Section 1103.205(b); and
(2) Section 1103.259.
SECTION 6. The changes in law made by this Act to Section
1103.205, Occupations Code, apply only to an application for a
certificate or license submitted to the Texas Appraiser Licensing
and Certification Board on or after the effective date of this Act.
An application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 7. The change in law made by this Act to Section
1103.554, Occupations Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 8. The changes in law made by this Act by the
enactment of Section 1104.2051, Occupations Code, apply only to a
complaint submitted to the Texas Appraiser Licensing and
Certification Board on or after the effective date of this Act. A
complaint submitted before the effective date of this Act is
governed by the law in effect on the date the complaint was
submitted, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect September 1, 2023.