CHAPTER 1151. PROPERTY TAX PROFESSIONALS
OCCUPATIONS CODE
TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND
HOUSING
SUBTITLE B. PROFESSIONS RELATED TO PROPERTY TAXATION
CHAPTER 1151. PROPERTY TAX PROFESSIONALS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1151.001. SHORT TITLE. This chapter may be cited as the
Property Taxation Professional Certification Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1151.002. DEFINITIONS. In this chapter:
(1) "Appraisal" means a function described by Chapter 23 or 25,
Tax Code, that:
(A) is performed by an employee of a political subdivision or by
a person acting on behalf of a political subdivision; and
(B) involves an opinion of value of a property interest.
(2) "Assessment" means a function described by Chapter 26, Tax
Code, performed by an employee of a political subdivision or by a
person acting on behalf of a political subdivision to determine
an amount of ad valorem tax for the political subdivision.
(3) "Assessor-collector" means the chief administrator of the
tax office of a taxing unit who is responsible for:
(A) assessment under Chapter 26, Tax Code; and
(B) collection under Chapter 31, Tax Code.
(4) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 41(1),
eff. September 1, 2009.
(5) "Code of ethics" means a formal statement of ethical
standards of conduct adopted by the commission.
(6) "Collection" means a function described by Chapter 31, Tax
Code, or Section 33.02, 33.03, or 33.04, Tax Code.
(7) "Collector" means the chief administrator of the tax office
of a taxing unit who:
(A) is responsible for collection under Chapter 31, Tax Code;
and
(B) is not responsible for assessment.
(7-a) "Commission" means the Texas Commission of Licensing and
Regulation.
(7-b) "Committee" means the Texas Tax Professional Advisory
Committee.
(7-c) "Department" means the Texas Department of Licensing and
Regulation.
(8) "Governing body" means the governing body of a taxing unit
as defined by Section 1.04, Tax Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 41(1), eff. September 1, 2009.
Sec. 1151.004. PROHIBITION AGAINST REQUIRING UNPROFESSIONAL
CONDUCT. (a) An appraisal district board of directors or a
governing body may not, as a necessity for employment, require an
appraiser, assessor, or collector to:
(1) act in an unprofessional manner; or
(2) violate this chapter.
(b) The department shall thoroughly investigate a complaint of a
violation of this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 2, eff. September 1, 2009.
SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY COMMITTEE
Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional
Advisory Committee consists of seven members appointed by the
presiding officer of the commission with the approval of the
commission as follows:
(1) two members who are certified under this chapter as
registered professional appraisers;
(2) two members who are certified under this chapter as
registered Texas collectors or registered Texas assessors; and
(3) three members who represent the public.
(b) A vacancy on the committee is filled in the same manner as
the original appointment for the unexpired portion of the term.
(c) The presiding officer of the commission shall designate one
member of the committee as the presiding officer.
(d) Each appointment to the committee shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(e) Section 2110.008, Government Code, does not apply to the
committee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 2, eff.
Sept. 1, 2003.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 43.01, eff.
Sept. 1, 2003.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 4, eff. September 1, 2009.
Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be
a public member of the committee if the person or the person's
spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of property tax appraisal, assessment, or
collection;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the department;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the department;
(4) uses or receives a substantial amount of tangible goods,
services, or money from the department other than compensation or
reimbursement authorized by law for committee membership,
attendance, or expenses; or
(5) at any time has served on an appraisal review board.
Added by Acts 2003, 78th Leg., ch. 815, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 5, eff. September 1, 2009.
Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the committee if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of property tax appraisal,
assessment, or collection; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of property
tax appraisal, assessment, or collection.
(c) A person may not be a member of the committee if the person
or the person's spouse is required to register as a lobbyist
under Chapter 305, Government Code, because of the person's
activities for compensation on behalf of a profession related to
the operation of the committee or the department.
Added by Acts 2003, 78th Leg., ch. 815, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 6, eff. September 1, 2009.
Sec. 1151.052. TERMS. Committee members serve six-year terms,
with the terms of one or two members expiring on March 1 of each
odd-numbered year.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 4, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, Sec. 43.02, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 7, eff. September 1, 2009.
Sec. 1151.055. COMPENSATION; REIMBURSEMENT. (a) A committee
member may not receive compensation for the member's services.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 41(5),
eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 41(5), eff. September 1, 2009.
SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR,
DEPARTMENT, AND ADVISORY COMMITTEE
Sec. 1151.101. FEES. The commission, with the advice of the
committee, shall establish fees under this chapter in amounts
reasonable and necessary to cover the costs of administering the
programs and activities under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 10, eff. September 1, 2009.
Sec. 1151.1015. ASSISTANCE FROM COMPTROLLER. The comptroller
shall enter into a memorandum of understanding with the
department under which the comptroller shall provide:
(1) information on the educational needs of and opportunities
for tax professionals;
(2) review and approval of all required educational courses,
examinations, and continuing education programs for registrants;
(3) a copy of any report issued by the comptroller under Section
5.102, Tax Code, and if requested by the department a copy of any
work papers or other documents collected or created in connection
with a report issued under that section; and
(4) information and assistance regarding administrative
proceedings conducted under the commission's rules or this
chapter.
Added by Acts 2003, 78th Leg., ch. 815, Sec. 8, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 11, eff. September 1, 2009.
Sec. 1151.102. GENERAL RULEMAKING AUTHORITY. The commission may
adopt and enforce rules necessary for the performance of the
department's duties.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 12, eff. September 1, 2009.
Sec. 1151.103. ESTABLISHMENT OF PROFESSIONAL STANDARDS. The
commission shall establish standards of professional practice,
conduct, education, and ethics for appraisers, assessors, and
collectors consistent with the purposes and intent of this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 13, eff. September 1, 2009.
Sec. 1151.104. ENFORCEMENT OF CHAPTER. The department may
ensure strict compliance with and enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 14, eff. September 1, 2009.
Sec. 1151.106. CLASSIFICATION SYSTEM FOR REGISTRANTS. (a) The
commission by rule shall:
(1) adopt a classification system for registrants; and
(2) establish minimum requirements for each classification.
(b) The requirements must be based on experience in property
taxation administration, education and training, professional
performance and achievements, and compliance with the code of
ethics.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 15, eff. September 1, 2009.
Sec. 1151.107. ROSTER OF REGISTRANTS. (a) The department shall
maintain a roster of registrants that includes each registrant's
name, place of employment, and classification.
(b) A copy of the roster shall be made available to a registrant
and to the public on request.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 16, eff. September 1, 2009.
Sec. 1151.108. COMMITTEE DUTIES. The committee shall:
(1) recommend to the commission rules and standards regarding
technical issues relating to tax professionals;
(2) provide advice to the commission regarding continuing
education courses and curricula for registrants;
(3) provide advice to the commission regarding the contents of
any examination required by the commission under this chapter;
and
(4) educate, and respond to questions from, the commission and
the department regarding issues affecting tax professionals.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 17, eff. September 1, 2009.
SUBCHAPTER D. REGISTRATION AND CERTIFICATION
Sec. 1151.151. REGISTRATION REQUIRED; EXEMPTION. (a) The
following persons must register with the department:
(1) the chief appraiser of an appraisal district, an appraisal
supervisor or assistant, a property tax appraiser, an appraisal
engineer, and any other person authorized to render judgment on,
recommend, or certify an appraised value to the appraisal review
board of an appraisal district;
(2) a person who engages in appraisal of property for ad valorem
tax purposes for an appraisal district or a taxing unit;
(3) an assessor-collector, a collector, or another person
designated by a governing body as the chief administrator of the
taxing unit's assessment functions, collection functions, or
both; and
(4) a person who performs assessment or collection functions for
a taxing unit and is required to register by the chief
administrator of the unit's tax office.
(b) A county assessor-collector is not required to register with
the department if the county, by contract entered into under
Section 6.24(b), Tax Code, has its taxes assessed and collected
by another taxing unit or an appraisal district.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 12, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 18, eff. September 1, 2009.
Sec. 1151.152. ELIGIBILITY FOR REGISTRATION. To be eligible for
registration, an applicant must:
(1) be at least 18 years of age;
(2) reside in this state;
(3) be of good moral character;
(4) be a graduate of an accredited high school or establish high
school graduation equivalency; and
(5) be actively engaged in appraisal, assessment, or collection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1151.153. REGISTRATION APPLICATION. (a) An application
for registration must be made on the printed form provided by the
department. In prescribing the contents of an application form,
the commission shall ensure that the form requires information
sufficient to properly classify the applicant.
(b) Each application form the department provides must be
accompanied by the code of ethics.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 19, eff. September 1, 2009.
Sec. 1151.154. SUBMISSION OF APPLICATION. An initial
application for registration must be accompanied by:
(1) a nonrefundable processing fee; and
(2) a nonrefundable registration fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 19(3), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 20, eff. September 1, 2009.
Sec. 1151.155. ACTION ON APPLICATION. (a) The department shall
act on an application for registration not later than the 30th
day after the date the application is received.
(b) The department shall:
(1) classify and register each applicant the department
approves; and
(2) notify the registrant of the requirements for:
(A) maintenance of the registrant's current registration; and
(B) professional certification by the department.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec.
41(14), eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 21, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 41(14), eff. September 1, 2009.
Sec. 1151.156. DISCRIMINATION PROHIBITED. The department may
not refuse to register an applicant because of the race, color,
disability, sex, religion, age, or national origin of the
applicant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 22, eff. September 1, 2009.
Sec. 1151.157. ISSUANCE AND POSSESSION OF IDENTIFICATION CARD
REQUIRED. (a) The department shall issue an identification card
to each person registered under this chapter. While on official
duty, the registrant shall have the identification card in the
registrant's possession.
(b) An identification card issued under Subsection (a) must:
(1) be serially numbered;
(2) describe any registration classification into which the
person is placed; and
(3) state the expiration date of the person's registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 23, eff. September 1, 2009.
Sec. 1151.158. ANNUAL FEE; EXPIRATION AND RENEWAL OF
REGISTRATION. (a) Except as otherwise provided by the
commission, a registration under this chapter is valid for one
year and must be renewed annually. A registrant must pay an
annual fee. The commission by rule may adopt a system under
which registrations expire on various dates during the year.
(b) The department shall notify a registrant under this chapter
of the impending expiration of the registrant's registration as
provided by Section 51.401(f).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 24, eff. September 1, 2009.
Sec. 1151.1581. CONTINUING EDUCATION. (a) The commission shall
recognize, prepare, or administer continuing education programs
for registrants under this chapter.
(b) The comptroller must review and approve all continuing
education programs for registrants.
(c) A registrant must participate in the programs to the extent
required by the department to keep the person's certificate of
registration.
(d) The commission may set fees for continuing education courses
and providers of continuing education courses in amounts
reasonable and necessary to cover the department's costs in
administering the department's duties under this section.
(e) The comptroller may set fees for continuing education
courses and providers of continuing education courses in amounts
reasonable and necessary to cover the comptroller's costs in
administering the comptroller's duties under this section.
Added by Acts 2003, 78th Leg., ch. 815, Sec. 13, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 25, eff. September 1, 2009.
Sec. 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS. (a) The
commission by rule shall adopt minimum requirements for the
certification of registrants. The requirements for certification
of an employee of a taxing unit's tax office must emphasize the
areas of responsibility of the registrant in performing the
registrant's duties for the taxing unit.
(b) "Registered professional appraiser" is the highest level of
certification established by the commission for a person engaged
in appraisal. "Registered Texas assessor" is the highest level of
certification established by the commission for a person engaged
in assessment. "Registered Texas collector" is the highest level
of certification established by the commission for a person
engaged in collection.
(c) The rules establishing minimum requirements must require
that:
(1) a person registered as an appraiser become certified as a
registered professional appraiser not later than the fifth
anniversary of the date of the person's original registration;
(2) a person registered as an assessor or assessor-collector
become certified as a registered Texas assessor not later than
the fifth anniversary of the date of the person's original
registration; and
(3) a person registered as a collector become certified as a
registered Texas collector not later than the third anniversary
of the date of the person's original registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 26, eff. September 1, 2009.
Sec. 1151.161. EXAMINATION FOR CERTIFICATION; APPLICATION; FEE.
(a) The commission by rule shall require a registrant to pass
one or more examinations to be certified. The commission by rule
shall ensure that any examination required for certification is
administered in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. Section 12101 et seq.).
(b) An applicant for examination under this section must apply
to take the examination in the manner prescribed by the
department.
(c) The department may accept, develop, or contract for the
examinations required by this section, including the
administration of the examinations. The comptroller must approve
the content of an examination accepted, developed, or contracted
for by the department. The department may require a third-party
vendor to collect a fee associated with the examination directly
from examinees.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 14, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 27, eff. September 1, 2009.
Sec. 1151.162. RULES RELATING TO RECERTIFICATION AND
SPECIALIZATION. The commission may adopt rules:
(1) regarding recertification to ensure that each person
certified under this chapter who is engaged in appraisal,
assessment, or collection is registered and professionally
competent; and
(2) establishing specialized classifications, designations, and
requirements as necessary to accomplish the purposes of this
chapter, including maintaining high standards of professional
practice in all phases of property taxation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 28, eff. September 1, 2009.
Sec. 1151.163. REGISTRATION BY ENDORSEMENT. The department may
waive any prerequisite to obtaining a certificate of registration
for an applicant after reviewing the applicant's credentials and
determining that the applicant holds a license or certificate of
registration issued by another jurisdiction that has requirements
substantially equivalent to those of this state.
Added by Acts 2003, 78th Leg., ch. 815, Sec. 16, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 29, eff. September 1, 2009.
Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The
department shall implement a training program for newly appointed
chief appraisers and shall prescribe the curriculum for the
training program as provided by this section.
(b) The training program must provide the appointee with
information regarding:
(1) this chapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the commission, with an emphasis on the rules
that relate to ethical behavior;
(5) the role and functions of the chief appraiser, the appraisal
district board of directors, and the appraisal review board;
(6) the importance of maintaining the independence of an
appraisal office from political pressure;
(7) the importance of prompt and courteous treatment of the
public;
(8) the finance and budgeting requirements for an appraisal
district, including appropriate controls to ensure that
expenditures are proper; and
(9) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code;
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(E) the standards of ethics imposed by the Uniform Standards of
Professional Appraisal Practice.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec.
41(17), eff. September 1, 2009.
Added by Acts 2005, 79th Leg., Ch.
1111, Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 30, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 41(17), eff. September 1, 2009.
SUBCHAPTER E. ENFORCEMENT
Sec. 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY ACTION. (a)
The department may deny an application for registration of or
take other disciplinary action as described by Chapter 51 against
a person who violates this chapter or a commission rule.
(b) The commission by rule shall adopt written guidelines to
ensure that denials of registration under this section and other
disciplinary actions under Chapter 51 are administered
consistently.
(c) Before imposing an administrative penalty under Subchapter
F, Chapter 51, against a registrant, the department must consider
evidence that the registrant:
(1) attempted in good faith to implement or execute a law,
policy, rule, order, budgetary restriction, or other regulation
provided by the laws of this state, the comptroller, or the
governing body or the chief administrator of the appraisal
district or taxing jurisdiction that employs the registrant;
(2) acted on the advice of counsel or the comptroller; or
(3) had discretion over the matter on which the complaint is
based, if the complaint is based solely on grounds that the
registrant decided incorrectly or failed to exercise discretion
in favor of the complainant.
(d) The department may notify the local governmental entity that
employs a registrant of a complaint against the registrant by
sending a copy of the complaint letter to the local governmental
entity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 17, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 31, eff. September 1, 2009.
Sec. 1151.204. DISMISSAL OF COMPLAINT RELATING TO APPRAISED
VALUE. After investigation, the department may dismiss a
complaint without conducting a hearing if:
(1) the complaint challenges only the appraised value of a
property or another matter for which Title I, Tax Code, specifies
a remedy and does not credibly allege a violation of this chapter
or the standards established by the commission for registrants
under this chapter; and
(2) the disagreement has not been resolved in the complainant's
favor by an appraisal review board or court.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 32, eff. September 1, 2009.
Sec. 1151.205. SUBPOENA AUTHORITY. (a) The department may
request and, if necessary, compel by subpoena:
(1) the attendance of witnesses for examination under oath; and
(2) the production of records, documents, and other evidence
relevant to the investigation of an alleged violation of this
chapter or a commission rule for inspection and copying.
(b) If a person does not comply with the subpoena, the
department, acting through the attorney general, may file suit to
enforce the subpoena in a district court in Travis County or in
the county in which a hearing conducted by the department may be
held.
(c) The court shall order compliance with the subpoena if the
court determines that good cause exists for the issuance of the
subpoena.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 33, eff. September 1, 2009.
SUBCHAPTER F. CRIMINAL PENALTIES
Sec. 1151.251. FAILURE TO REGISTER. (a) A person commits an
offense if the person does not register with the department as
required by Section 1151.151.
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 34, eff. September 1, 2009.
Sec. 1151.252. PROHIBITED ACTIONS WHILE REGISTRATION OR
CERTIFICATION IS REVOKED OR SUSPENDED. (a) A person commits an
offense if the person performs an appraisal, assessment, or
collection function while the person's registration or
certification with the department is not active.
(b) An offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 35, eff. September 1, 2009.
Sec. 1151.253. COMPLAINT OF VIOLATION. A person may file a
complaint with the department concerning a violation of this
chapter or a rule adopted by the commission under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
450, Sec. 36, eff. September 1, 2009.