Texas 2025 - 89th Regular

Texas House Bill HB3250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12407 RAL-F
2	2	By: Darby H.B. No. 3250
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of real estate appraisers and appraisal
10	10	management companies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 1103, Occupations Code, is
13	13	amended by adding Section 1103.164 to read as follows:
14	14	Sec. 1103.164. STIPEND PROGRAM. (a) The board shall
15	15	establish a program to provide stipends to appraiser trainees and
16	16	certified appraisers who serve as supervisory appraisers for the
17	17	following public purposes:
18	18	(1) promoting the professional needs of this state;
19	19	(2) increasing the number of highly trained and
20	20	educated appraisers available to serve the residents of this state;
21	21	and
22	22	(3) improving the business environment of and
23	23	encouraging economic development in this state.
24	24	(b) In awarding stipends under this section, the board shall
25	25	consider the financial need of each person who applies for a stipend
26	26	under this section.
27	27	(c) The board may use only gifts, grants, and donations
28	28	received under Section 1103.157 to fund the stipend program under
29	29	this section.
30	30	(d) The board shall adopt rules necessary to implement this
31	31	section, including rules establishing the amount of a stipend
32	32	awarded under this section.
33	33	SECTION 2. Section 1103.203(d), Occupations Code, is
34	34	amended to read as follows:
35	35	(d) The application must include the applicant's current
36	36	mailing address, business address, and business telephone number
37	37	and the applicant's business e-mail address, if available. The
38	38	applicant shall notify the board of any change in the applicant's
39	39	mailing or e-mail address or telephone number while the application
40	40	is pending.
41	41	SECTION 3. Section 1104.104(b), Occupations Code, is
42	42	amended to read as follows:
43	43	(b) The controlling person designated under Subsection (a):
44	44	(1) must:
45	45	(A) be licensed or certified as an appraiser in
46	46	at least one state at all times during the designation; or
47	47	(B) have completed:
48	48	(i) the 15-hour national Uniform Standards
49	49	of Professional Appraisal Practice course; and
50	50	(ii) the seven-hour national Uniform
51	51	Standards of Professional Appraisal Practice update course not more
52	52	than two years before the renewal of the appraisal management
53	53	company's registration;
54	54	(2) may not have had a license or certificate to act as
55	55	an appraiser denied, revoked, or surrendered in lieu of revocation
56	56	in any state unless:
57	57	(A) the person has subsequently had the license
58	58	or certificate to act as an appraiser granted or reinstated; and
59	59	(B) the license or certificate to act as an
60	60	appraiser was denied, revoked, or surrendered for a nonsubstantive
61	61	reason as determined by the board; and
62	62	(3) shall submit to a background investigation, as
63	63	determined by the board.
64	64	SECTION 4. The heading to Section 1104.151, Occupations
65	65	Code, is amended to read as follows:
66	66	Sec. 1104.151. RESTRICTIONS ON EMPLOYMENT AND CONTROLLING
67	67	PERSON [OF CERTAIN PERSONS PROHIBITED].
68	68	SECTION 5. Section 1104.151(a), Occupations Code, is
69	69	amended to read as follows:
70	70	(a) An appraisal management company registered under this
71	71	chapter may not knowingly:
72	72	(1) employ a person in a position in which the person
73	73	has the responsibility to order appraisals or to review completed
74	74	appraisals if the person has had a license or certificate to act as
75	75	an appraiser denied, revoked, or surrendered in lieu of revocation
76	76	in any state;
77	77	(2) enter into any independent contractor arrangement
78	78	for the provision of appraisals or appraisal management services
79	79	with any person who has had a license or certificate to act as an
80	80	appraiser denied, revoked, or surrendered in lieu of revocation in
81	81	any state; [or]
82	82	(3) enter into any contract, agreement, or other
83	83	business relationship for the provision of appraisals or appraisal
84	84	management services with any entity that employs, has entered into
85	85	an independent contract arrangement, or has entered into any
86	86	contract, agreement, or other business relationship with any person
87	87	who has ever had a license or certificate to act as an appraiser
88	88	denied, revoked, or surrendered in lieu of revocation in any state;
89	89	or
90	90	(4) have, as a controlling person, a person who has had
91	91	a license or certificate as an appraiser or a registration as an
92	92	appraisal management company suspended, revoked, or put on
93	93	probation in any state.
94	94	SECTION 6. Section 1104.202(d), Occupations Code, is
95	95	amended to read as follows:
96	96	(d) Notwithstanding any other law, the board shall remit an
97	97	administrative penalty collected under this section to the
98	98	comptroller for deposit in the general revenue fund [an
99	99	administrative penalty collected under this section must be
100	100	deposited in a restricted fund maintained and operated by the board
101	101	to develop educational programs for appraisers or to conduct
102	102	studies that enhance consumer protection].
103	103	SECTION 7. Sections 1104.205(b) and (c), Occupations Code,
104	104	are amended to read as follows:
105	105	(b) An investigator designated by the presiding officer of
106	106	the board or the executive director [commissioner] shall
107	107	investigate each allegation in a complaint to determine whether
108	108	probable cause exists for a hearing on the complaint.
109	109	(c) If the board determines that a complaint does not
110	110	present facts that are grounds for disciplinary action, the board
111	111	or the executive director [commissioner] shall dismiss the
112	112	complaint and may not take further action.
113	113	SECTION 8. Section 1104.208(b), Occupations Code, is
114	114	amended to read as follows:
115	115	(b) The board by rule may delegate any of its authority
116	116	under Subsection (a) to the executive director [commissioner].
117	117	SECTION 9. Section 1104.2081(b), Occupations Code, is
118	118	amended to read as follows:
119	119	(b) An agreed order must be:
120	120	(1) approved by the board; and
121	121	(2) signed by the executive director [commissioner]
122	122	and the appraisal management company or other person who is the
123	123	subject of the complaint.
124	124	SECTION 10. Section 1103.203, Occupations Code, as amended
125	125	by this Act, applies only to an application for a certificate or
126	126	license or renewal of a certificate or license submitted on or after
127	127	the effective date of this Act. An application submitted before the
128	128	effective date of this Act is governed by the law in effect on the
129	129	date the application was submitted, and the former law is continued
130	130	in effect for that purpose.
131	131	SECTION 11. Section 1104.151(a), Occupations Code, as
132	132	amended by this Act, applies only to conduct that occurs on or after
133	133	the effective date of this Act. Conduct that occurs before the
134	134	effective date of this Act is governed by the law in effect on the
135	135	date the conduct occurred, and the former law is continued in effect
136	136	for that purpose.
137	137	SECTION 12. Section 1104.202(d), Occupations Code, as
138	138	amended by this Act, applies only to an administrative penalty that
139	139	is collected on or after the effective date of this Act. An
140	140	administrative penalty collected before the effective date of this
141	141	Act is governed by the law in effect on the date the penalty was
142	142	collected, and the former law is continued in effect for that
143	143	purpose.
144	144	SECTION 13. (a) Except as provided by Subsection (b) of
145	145	this section, this Act takes effect September 1, 2025.
146	146	(b) Section 1103.164, Occupations Code, as added by this
147	147	Act, takes effect immediately if this Act receives a vote of
148	148	two-thirds of all the members elected to each house, as provided by
149	149	Section 39, Article III, Texas Constitution. If this Act does not
150	150	receive the vote necessary for immediate effect, that section takes
151	151	effect September 1, 2025.