CHAPTER 1152. PROPERTY TAX CONSULTANTS
OCCUPATIONS CODE
TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND
HOUSING
SUBTITLE B. PROFESSIONS RELATED TO PROPERTY TAXATION
CHAPTER 1152. PROPERTY TAX CONSULTANTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1152.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of Licensing and
Regulation.
(2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(1);
Acts 2003, 78th Leg., ch. 1276, Sec. 14A.201(a).
(3) "Department" means the Texas Department of Licensing and
Regulation.
(3-a) "Executive director" means the executive director of the
department.
(4) "Person" means an individual, partnership, corporation, or
association.
(5) "Property tax consultant" means a person who performs or
supervises another person in the performance of property tax
consulting services for compensation.
(6) "Property tax consulting services" means:
(A) preparing for another person a rendition statement or
property report under Chapter 22, Tax Code;
(B) representing another person in a protest under Subchapter C,
Chapter 41, Tax Code;
(C) consulting or advising another person concerning:
(i) the preparation of a rendition statement or property report
under Chapter 22, Tax Code; or
(ii) an action the other person may protest under Subchapter C,
Chapter 41, Tax Code;
(D) negotiating or entering into an agreement with an appraisal
district on behalf of another person concerning an action that is
or may be the subject of a protest under Subchapter C, Chapter
41, Tax Code; or
(E) acting as the agent of a property owner designated in
accordance with Section 1.111, Tax Code.
(7) "Registrant" means a person who is registered as a property
tax consultant or a senior property tax consultant under this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(1),
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec.
14A.201(a), (b), eff. Sept. 1, 2003.
Sec. 1152.002. EXEMPTIONS FROM REGISTRATION. (a) A person is
not required to be registered under this chapter if the person:
(1) is acting under a general power of attorney, unless the
person represents that the person is a property tax consultant,
agent, advisor, or representative;
(2) is licensed to practice law in this state;
(3) is an employee of a property owner or of an affiliated or
subsidiary company of a property owner and performs property tax
consulting services for:
(A) the property owner; or
(B) a partnership, joint venture, or corporation in which the
property owner owns an interest;
(4) is a lessee of a property owner and is designated as the
agent of the owner in accordance with Section 1.111, Tax Code;
(5) is a public employee or officer and assists a property owner
in the course of the employee's or officer's duties;
(6) is a certified public accountant under Chapter 901;
(7) assists another person in the performance of property tax
consulting services or provides testimony on behalf of the other
person at a protest hearing under Subchapter C, Chapter 41, Tax
Code; or
(8) provides property tax consulting services only in connection
with farms, ranches, or single-family residences and:
(A) holds an active real estate broker license or an active real
estate salesperson license under Chapter 1101; or
(B) is a licensed real estate appraiser or certified real estate
appraiser under Chapter 1103.
(b) A person described by Subsection (a)(7) is not exempt from
the registration requirements of this chapter if:
(1) the person is designated as the agent of the other person
under Section 1.111, Tax Code; or
(2) more than 50 percent of the person's employment time is
devoted to, or more than 50 percent of the person's income is
derived from, performing or supervising the performance of
property tax consulting services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 705, Sec. 1, eff. June
20, 2003.
SUBCHAPTER B. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR, AND
DEPARTMENT
Sec. 1152.051. STANDARDS OF CONDUCT FOR REGISTRANTS. The
commission by rule shall establish standards of practice,
conduct, and ethics for registrants.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.003, eff.
Sept. 1, 2003.
Sec. 1152.052. MONEY RECEIVED BY DEPARTMENT. The department
shall receive and account for all money derived under this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.053. FEE INCREASE. (a) The fee for the registration
of a person under this chapter and the fee for the renewal of a
registration under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited in
the foundation school fund and $150 shall be deposited in the
general revenue fund.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(d), eff. Sept. 1,
2003.
SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY COUNCIL
Sec. 1152.101. DEFINITION. In this subchapter, "council" means
the Property Tax Consultants Advisory Council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.102. COUNCIL MEMBERSHIP. (a) The council is composed
of seven members appointed by the presiding officer of the
commission, with the commission's approval.
(b) The presiding officer of the commission may appoint not more
than two members who are qualified for an exemption under Section
1152.002(a)(3).
(c) Except as provided by Subsection (d), each person appointed
for membership on the council must:
(1) be a registered senior property tax consultant;
(2) be a member of a nonprofit and voluntary trade association:
(A) whose membership consists primarily of persons who perform
property tax consulting services in this state or who engage in
property tax management in this state for other persons;
(B) that has written experience and examination requirements for
membership; and
(C) that subscribes to a code of professional conduct or ethics;
(3) be a resident of this state for the five years preceding the
date of the appointment; and
(4) have performed or supervised the performance of property tax
consulting services as the person's primary occupation
continuously for the five years preceding the date of the
appointment.
(d) One member of the council must be a public member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.004, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
457, Sec. 2, eff. September 1, 2009.
Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not
eligible for appointment as a member of the council if the person
is:
(1) required to register with the secretary of state under
Chapter 305, Government Code;
(2) required to register with the department under Chapter 1151;
or
(3) exempt from the registration requirements imposed by this
chapter, except as provided by Section 1152.102.
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. 37, eff. September 1, 2009.
Sec. 1152.104. TERMS; VACANCY. (a) Members of the council
serve staggered three-year terms, with the terms of two members
expiring on February 1 of each year.
(b) If a vacancy occurs during a member's term, the presiding
officer of the commission, with the commission's approval, shall
appoint to fill the unexpired part of the term a replacement who
meets the qualifications of the vacated office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.005, eff.
Sept. 1, 2003.
Sec. 1152.105. PRESIDING OFFICER. The presiding officer of the
commission, with the commission's approval, shall appoint a
member of the council to serve as presiding officer of the
council for two years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.006, eff.
Sept. 1, 2003.
Sec. 1152.106. MEETINGS; VOTE REQUIRED FOR ACTION. (a) The
council shall meet at least semiannually at the call of the
presiding officer or at the call of a majority of its members.
(b) A decision of the council is not effective unless it
receives the affirmative vote of at least four members.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A council member is
not entitled to receive compensation for serving as a member. A
council member is entitled to reimbursement for reasonable
expenses incurred in performing duties as a member, subject to
applicable limitations in the General Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.108. COUNCIL POWERS. The council shall:
(1) recommend to the commission standards of practice, conduct,
and ethics for registrants to be adopted under this chapter;
(2) recommend to the commission amounts for the fees it may set
under this chapter;
(3) recommend to the commission contents for the senior property
tax consultant registration examination and standards of
acceptable performance;
(4) assist and advise the commission in recognizing continuing
education programs and educational courses for registrants; and
(5) advise the commission in establishing educational
requirements for initial applicants.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.007, eff.
Sept. 1, 2003.
SUBCHAPTER D. REGISTRATION REQUIREMENTS
Sec. 1152.151. REGISTRATION REQUIRED. (a) A person may not
perform property tax consulting services for compensation unless
the person holds a certificate of registration issued under this
chapter.
(b) A person may not represent that a person is a registered
property tax consultant, agent, advisor, or representative unless
the person is a registrant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.152. ASSOCIATION WITH SENIOR PROPERTY TAX CONSULTANT
REQUIRED. (a) A registered property tax consultant may not
perform property tax consulting services for compensation unless
the person is employed by or associated with and acting for:
(1) a registered senior property tax consultant; or
(2) an attorney who is licensed to practice law in this state
and who has successfully completed the senior property tax
consultant registration examination required under Section
1152.160.
(b) Subsection (a) does not apply to a person who is registered
under Section 1152.156(a)(2) or 1152.158.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1064, Sec. 1, eff. September 1, 2007.
Sec. 1152.153. VOLUNTARY REGISTRATION. (a) A person who is not
required to hold a certificate of registration under this chapter
may register if the person satisfies the registration
requirements of this chapter.
(b) A person exempt from the registration requirements of this
chapter who elects to register is subject to this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.154. REGISTRATION APPLICATION; FEES. (a) An
applicant for registration must file an application with the
department on a printed form prescribed by the executive
director.
(b) The application must be accompanied by:
(1) a nonrefundable application fee; and
(2) a registration fee.
(c) The department shall refund the registration fee if the
executive director does not approve the application.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.022, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.206, eff.
Sept. 1, 2003.
Sec. 1152.155. GENERAL ELIGIBILITY FOR REGISTRATION. (a) To be
eligible for registration, an applicant must:
(1) be at least 18 years of age;
(2) hold a high school diploma or its equivalent;
(3) pay the fees required by the commission;
(4) have a place of business in this state or designate a
resident of this state as the applicant's agent for service of
process; and
(5) meet any additional qualifications required by this chapter
or by the commission under this chapter or Chapter 51.
(b) Notwithstanding Subsection (a), a person is eligible for
registration if the person holds:
(1) an active real estate broker license or an active real
estate salesperson license under Chapter 1101; or
(2) an active real estate appraiser license or certificate under
Chapter 1103.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.008, eff.
Sept. 1, 2003.
Sec. 1152.156. ELIGIBILITY TO REGISTER AS PROPERTY TAX
CONSULTANT. (a) In addition to satisfying the requirements of
Section 1152.155, an applicant for registration as a property tax
consultant must:
(1) complete at least 40 classroom hours of educational courses
approved by the executive director, including at least four hours
of instruction on laws and legal issues in this state related to
property tax consulting services and pass a competency
examination under Section 1152.160; or
(2) if the person is eligible for registration under Section
1152.155(b), submit to the commission evidence that the applicant
has completed at least four classroom hours of educational
programs or courses on the laws and legal issues in this state
related to property tax consulting services.
(b) The executive director may give appropriate credit to an
initial applicant for:
(1) educational courses on principles of law related to property
tax consulting services completed by the applicant not more than
two years before the date of application; and
(2) educational programs or courses completed by the applicant
on:
(A) property taxation;
(B) the property tax system;
(C) property tax administration;
(D) ethical standards; or
(E) general principles of appraisal, accounting, or law as they
relate to property tax consulting services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.023, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 1, eff. September 1, 2009.
Sec. 1152.157. ELIGIBILITY TO REGISTER AS SENIOR PROPERTY TAX
CONSULTANT. In addition to satisfying the requirements of
Section 1152.155, an applicant for registration as a senior
property tax consultant must:
(1) acquire at least 25 credits as provided by Section 1152.159;
(2) have performed or supervised the performance of property tax
consulting services as the applicant's primary occupation for at
least four of the seven years preceding the date of application;
and
(3) pass the examination adopted under Section 1152.160 or hold
a professional designation in property taxation granted by a
nonprofit and voluntary trade association, institute, or
organization:
(A) whose membership consists primarily of persons who represent
property owners in property tax and transactional tax matters;
(B) that has written experience and examination requirements for
granting the designation; and
(C) that subscribes to a code of professional conduct or ethics.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.158. REGISTRATION OF CERTAIN REAL ESTATE BROKERS.
Sections 1152.156 and 1152.157 do not apply to a person who:
(1) applied for registration before March 1, 1992;
(2) on the date of application held an active real estate broker
license under The Real Estate License Act (Article 6573a,
Vernon's Texas Civil Statutes), as that law existed on the
application date; and
(3) does not perform or supervise the performance of property
tax consulting services for compensation in connection with
personal property.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.
Sec. 1152.159. CREDITS FOR SENIOR PROPERTY TAX CONSULTANT
APPLICANTS. (a) The executive director shall grant credit to an
applicant for registration as a senior property tax consultant as
follows:
(1) two credits for each year the applicant completed at an
institution of higher education that meets program and
accreditation standards comparable to those for public
institutions of higher education as determined by the Texas
Higher Education Coordinating Board, not to exceed six credits;
(2) four credits to an applicant who holds a bachelor's degree
or equivalent from an institution of higher education described
by Subdivision (1); and
(3) one credit for each year in excess of five years that the
applicant's primary occupation involved the performance or
supervision of property tax consulting services or property
appraisal, assessment, or taxation, not to exceed 10 credits.
(b) The executive director may grant additional credits to an
applicant for registration as a senior property tax consultant
for:
(1) successful completion of educational programs or courses on:
(A) property taxation;
(B) the property tax system;
(C) property tax administration;
(D) ethical standards; or
(E) general principles of appraisal, accounting, and law as they
relate to property tax consulting services;
(2) completion of other educational programs or courses; or
(3) advanced or postgraduate educational achievement,
occupational experience, professional licenses, or professional
designations obtained from recognized associations, institutes,
or organizations.
(c) The executive director may assign not less than one credit
or more than five credits to a program or course described by
Subsection (b)(1). In determining the amount of credit for the
program or course, the executive director shall consider:
(1) the nature of the program or course;
(2) the number of actual instructional hours in the program or
course;
(3) whether an examination is required for successful completion
of the program or course; and
(4) other factors the executive director determines appropriate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.024, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff.
Sept. 1, 2003.
Sec. 1152.160. REGISTRATION EXAMINATIONS. (a) The executive
director shall:
(1) adopt an examination for registration as a senior property
tax consultant;
(2) adopt an examination for registration as a property tax
consultant; and
(3) establish the standards for passing the examinations.
(b) The department shall offer the examinations at times and
places designated by the executive director.
(c) To be eligible to take an examination, an applicant must pay
to the department an examination fee.
(d) The examination must test the applicant's knowledge of:
(1) property taxation;
(2) the property tax system;
(3) property tax administration;
(4) ethical standards; and
(5) general principles of appraisal, accounting, and law as they
relate to property tax consulting services.
(e) An attorney who is licensed to practice law in this state
may take the senior property tax consultant registration
examination under this section without completing any other
eligibility requirements for registration as a senior property
tax consultant under this chapter.
(f) The department shall accept, develop, or contract for the
examinations required by this section, including the
administration of the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.009, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1064, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 2, eff. September 1, 2009.
Sec. 1152.162. ISSUANCE OF CERTIFICATE OF REGISTRATION. (a)
The executive director shall act on an initial application for
registration filed under Section 1152.154 not later than the 31st
day after the date the department receives the application.
(b) The executive director shall issue to an applicant who
qualifies for registration the appropriate certificate of
registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.025, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff.
Sept. 1, 2003.
SUBCHAPTER E. RENEWAL OF CERTIFICATE OF REGISTRATION
Sec. 1152.201. TERM OF CERTIFICATE OF REGISTRATION. Except as
otherwise provided by the commission, a certificate of
registration expires on the first anniversary of the date of
issuance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.010, eff.
Sept. 1, 2003.
Sec. 1152.202. PROCEDURE FOR RENEWAL. (a) The executive
director shall issue to an eligible registrant a certificate of
renewal of registration on the timely receipt of the required
renewal fee. The certificate expires on the second anniversary of
the date of issuance.
(b) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(4).
(c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(4).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.011,
12.014(4), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276,
Sec. 14A.210, eff. Sept. 1, 2003.
Sec. 1152.204. RECOGNITION OF EDUCATIONAL PROGRAMS AND COURSES.
(a) The commission by rule shall recognize appropriate
continuing education programs for registrants.
(b) The commission shall recognize a continuing education
course, including a course on the legal issues and law related to
property tax consulting services, that is:
(1) approved by the Texas Real Estate Commission or the Texas
Appraiser Licensing and Certification Board; and
(2) completed by a registrant who also holds:
(A) an active real estate broker license or an active real
estate salesperson license under Chapter 1101; or
(B) an active real estate appraiser license or certificate under
Chapter 1103.
(c) The commission may recognize an educational program or
course:
(1) related to property tax consulting services; and
(2) offered or sponsored by a public provider or a recognized
private provider, including:
(A) the comptroller;
(B) the State Bar of Texas;
(C) the Texas Real Estate Commission;
(D) an institution of higher education that meets program and
accreditation standards comparable to those for public
institutions of higher education as determined by the Texas
Higher Education Coordinating Board; or
(E) a nonprofit and voluntary trade association, institute, or
organization:
(i) whose membership consists primarily of persons who represent
property owners in property tax or transactional tax matters;
(ii) that has written experience and examination requirements
for membership or for granting professional designation to its
members; and
(iii) that subscribes to a code of professional conduct or
ethics.
(d) The commission may recognize a private provider of an
educational program or course if the provider:
(1) applies to the department on a printed form prescribed by
the executive director; and
(2) pays in the amounts set by the commission:
(A) a nonrefundable application fee; and
(B) an educational provider's fee.
(e) The department shall refund the educational provider's fee
if the commission does not recognize the provider's educational
program or course.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.012, eff.
Sept. 1, 2003.
SUBCHAPTER E-1. PROHIBITED ACTS
Sec. 1152.231. GENERAL PROHIBITED ACTS. (a) A person required
to register under this chapter may not serve as a registered
senior property tax consultant for more than 10 registered
property tax consultants unless each additional tax consultant
sponsored or supervised by the registered senior property tax
consultant has for the previous six months:
(1) been employed and engaged as a tax consultant on a full-time
basis;
(2) performed tax consultant related services as an employee of
a property owner; or
(3) performed licensed appraisal services.
(b) Except for protests filed with the approval of a lessee
under Section 41.413, Tax Code, a person required to register
under this chapter may not file a protest under Chapter 41, Tax
Code, without the approval of the property owner.
(c) A person required to register under this chapter may not
falsify an agent appointment, exemption application, protest, or
other legal document that is filed with or presented to an
appraisal district, an appraisal review board, or a taxing unit.
(d) A person required to register under this chapter may not
file a motion or protest concerning residential property on
behalf of a person whom the registrant does not represent unless
the registrant has authorization from:
(1) that person; or
(2) another person, other than the agent or the firm that
employs the agent, who is authorized by the person to designate
agents under Section 1.111, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 3, eff. January 1, 2010.
Sec. 1152.232. PROHIBITED ACTS: SOLICITATION OF BUSINESS. A
person required to register under this chapter may not solicit a
property tax consulting assignment by assuring a specific
outcome.
Added by Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 3, eff. January 1, 2010.
Sec. 1152.233. PROHIBITED ACTS: USE OF INTERNET WEBSITE. (a) A
person required to register under this chapter may not maintain
an Internet website for any purpose associated with the provision
of tax consulting services by the registrant that has a domain
name or other Internet address that implies that the website is a
government website.
(b) A person required to register under this chapter may not use
or maintain an Internet website for the purpose of soliciting
clients if the website does not identify the company prominently
on the home page of the website.
Added by Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 3, eff. January 1, 2010.
Sec. 1152.234. PROHIBITED ACTS: CERTAIN LEGAL ACTIONS. A person
required to register under this chapter may not engage the
services of an attorney for purposes of filing an appeal under
Chapter 42, Tax Code, without the prior consent of the client.
Added by Acts 2009, 81st Leg., R.S., Ch.
1313, Sec. 3, eff. January 1, 2010.
SUBCHAPTER F. PENALTIES AND ENFORCEMENT
Sec. 1152.251. DISCIPLINARY POWERS OF COMMISSION. After a
hearing, the commission may deny a certificate of registration
and may impose an administrative sanction or penalty and seek
injunctive relief and a civil penalty against a registrant as
provided by Chapter 51 for:
(1) a violation of this chapter or a rule applicable to the
registrant adopted by the commission under this chapter;
(2) gross incompetency in the performance of property tax
consulting services;
(3) dishonesty or fraud committed while performing property tax
consulting services; or
(4) a violation of the standards of ethics adopted by the
commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.013, eff.
Sept. 1, 2003.
Sec. 1152.252. CRIMINAL PENALTIES. (a) A person required to be
registered under this chapter commits an offense if the person:
(1) is not registered under this chapter; and
(2) performs or offers to perform property tax consulting
services for compensation.
(b) A person commits an offense if the person:
(1) knows that a person required to be registered under this
chapter is not registered; and
(2) represents that the person required to be registered is a
property tax consultant, agent, counselor, advisor, or
representative.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
2003.