Bill Text: TX HB2427 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-02 - Laid on the table subject to call [HB2427 Detail]
Download: Texas-2023-HB2427-Introduced.html
Bill Title: Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-02 - Laid on the table subject to call [HB2427 Detail]
Download: Texas-2023-HB2427-Introduced.html
88R10845 SHH-F | ||
By: Kuempel | H.B. No. 2427 |
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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; [ |
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(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[ |
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recognized by the Appraiser Qualifications Board[ |
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SECTION 3. Section 1103.554(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly[ |
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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. |