Texas 2023 - 88th Regular

Texas House Bill HB2427 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19110 SHH-F
2	2	By: Kuempel H.B. No. 2427
3	3	Substitute the following for H.B. No. 2427:
4	4	By: Goldman C.S.H.B. No. 2427
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of appraisers and the duties of the Texas
10	10	Appraiser Licensing and Certification Board.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1103.004, Occupations Code, is amended
13	13	to read as follows:
14	14	Sec. 1103.004. APPLICABILITY OF CHAPTER. (a) This chapter
15	15	does not apply to:
16	16	(1) a person who is authorized by law to perform an
17	17	evaluation of real property for or to provide an evaluation of real
18	18	property to another person;
19	19	(2) a real estate broker licensed under Chapter 1101
20	20	or a sales agent acting under the authority of a sponsoring broker
21	21	who provides to another person a written analysis, opinion, or
22	22	conclusion relating to the estimated price of real property if the
23	23	analysis, opinion, or conclusion:
24	24	(A) is not referred to as an appraisal;
25	25	(B) is given in the ordinary course of the
26	26	broker's business; and
27	27	(C) is related to the actual or potential
28	28	acquisition, disposition, encumbrance, or management of an
29	29	interest in real property;
30	30	(3) an appraiser certified by a jurisdiction other
31	31	than this state who performs an appraisal review of an appraisal
32	32	performed on real property in this state, if the appraiser does not
33	33	offer an opinion of value as part of the appraisal review;
34	34	(4) an employee of a federally regulated financial
35	35	institution or any other person engaged by the institution who
36	36	performs an evaluation of real property for use by the institution
37	37	in a transaction for which the institution is not required to use
38	38	the services of a licensed or certified appraiser under federal
39	39	regulations adopted under Title XI, Financial Institutions Reform,
40	40	Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or
41	41	under applicable state law;
42	42	(5) an employee of a non-bank financial institution or
43	43	any other person engaged by the institution who provides an
44	44	analysis, assessment, opinion, conclusion, notation, or
45	45	compilation of data concerning the value of an interest in real
46	46	property for use by the institution; [or]
47	47	(6) the procurement or use of an automated valuation
48	48	model; or
49	49	(7) a person who:
50	50	(A) performs appraisals in connection with the
51	51	Practical Applications of Real Estate Appraisal course as approved
52	52	by the Appraiser Qualifications Board; and
53	53	(B) does not use a title or a reference in
54	54	violation of Section 1103.201(b).
55	55	(b) Notwithstanding Subsection (a)(7), the appraisals
56	56	described by that subsection may be credited by the board toward
57	57	satisfying the experience required to obtain a license or
58	58	certificate under this chapter.
59	59	SECTION 2. Section 1103.205(c), Occupations Code, is
60	60	amended to read as follows:
61	61	(c) For the purpose of determining the qualifications of an
62	62	applicant for a certificate or license under this chapter,
63	63	acceptable appraisal experience includes[:
64	64	[(1)] any one or any combination of the categories
65	65	recognized by the Appraiser Qualifications Board[; and
66	66	[(2) experience as a real estate mortgage lending
67	67	officer of a financial institution or as a real estate broker that
68	68	includes the actual performance or technical review of real estate
69	69	appraisals].
70	70	SECTION 3. Section 1103.554(a), Occupations Code, is
71	71	amended to read as follows:
72	72	(a) A person commits an offense if the person knowingly[:
73	73	[(1) provides false information in connection with an
74	74	affidavit filed under Section 1103.205; or
75	75	[(2)] violates Section 1103.401.
76	76	SECTION 4. Subchapter E, Chapter 1104, Occupations Code, is
77	77	amended by adding Section 1104.2051 to read as follows:
78	78	Sec. 1104.2051. INVESTIGATIVE COMMITTEE. (a) The
79	79	presiding officer of the board, with the advice and consent of the
80	80	executive committee of the board, may appoint an investigative
81	81	committee.
82	82	(b) An investigative committee consists of at least two
83	83	members. The presiding officer of the investigative committee must
84	84	be a board member.
85	85	(c) An investigative committee shall:
86	86	(1) review and determine the facts of a complaint; and
87	87	(2) submit in a timely manner a written report
88	88	regarding the complaint to the board.
89	89	SECTION 5. The following provisions of the Occupations Code
90	90	are repealed:
91	91	(1) Section 1103.205(b); and
92	92	(2) Section 1103.259.
93	93	SECTION 6. The changes in law made by this Act to Section
94	94	1103.205, Occupations Code, apply only to an application for a
95	95	certificate or license submitted to the Texas Appraiser Licensing
96	96	and Certification Board on or after the effective date of this Act.
97	97	An application submitted before the effective date of this Act is
98	98	governed by the law in effect on the date the application was
99	99	submitted, and the former law is continued in effect for that
100	100	purpose.
101	101	SECTION 7. The change in law made by this Act to Section
102	102	1103.554, Occupations Code, applies only to an offense committed on
103	103	or after the effective date of this Act. An offense committed
104	104	before the effective date of this Act is governed by the law in
105	105	effect on the date the offense was committed, and the former law is
106	106	continued in effect for that purpose. For purposes of this section,
107	107	an offense was committed before the effective date of this Act if
108	108	any element of the offense occurred before that date.
109	109	SECTION 8. The changes in law made by this Act by the
110	110	enactment of Section 1104.2051, Occupations Code, apply only to a
111	111	complaint submitted to the Texas Appraiser Licensing and
112	112	Certification Board on or after the effective date of this Act. A
113	113	complaint submitted before the effective date of this Act is
114	114	governed by the law in effect on the date the complaint was
115	115	submitted, and the former law is continued in effect for that
116	116	purpose.
117	117	SECTION 9. This Act takes effect September 1, 2023.