Title OC, Occupations Code

Sec. 1102.305. VIOLATION OF LAW. An inspector may not violate this chapter or a rule adopted by the commission. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. SUBCHAPTER I. DISCIPLINARY PROCEEDINGS, PENALTIES, AND ENFORCEMENT PROVISIONS

Sec. 1102.401. DISCIPLINARY POWERS OF COMMISSION. (a) The commission may investigate an action of an inspector and, after notice and hearing as provided by Section 1101.657, reprimand the inspector, place the inspector's license on probation, or suspend or revoke the inspector's …

Sec. 1102.402. LICENSE INELIGIBILITY FOR CLAIM ON FUND. A person is not eligible for a license under this chapter until the person has reimbursed the commission in full for any amount paid on the person's behalf from the real estate inspection recovery fund under former Subchapte…

Sec. 1102.403. ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty as provided by Subchapter O, Chapter 1101, on a person who violates this chapter or a rule adopted or order issued by the commission under this chapter or Chapter 1101. (b) An administr…

Sec. 1102.404. INJUNCTIVE RELIEF. The commission, the attorney general, a county attorney, or a district attorney, as applicable, may bring an action to enforce this chapter or to abate or enjoin a violation of this chapter or a rule adopted under this chapter as prescribed by Se…

Sec. 1102.405. APPEAL BOND EXEMPTION. The commission is not required to give an appeal bond in an action to enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1102.406. GENERAL CRIMINAL PENALTY. (a) A person commits an offense if the person wilfully violates or fails to comply with this chapter or a commission order. (b) An offense under this section is a Class A misdemeanor. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. J…

Sec. 1102.407. CRIMINAL PENALTY FOR PRACTICING WITHOUT LICENSE. (a) A person commits an offense if the person does not hold a license under this chapter and knowingly engages in the business of real estate inspecting, including performing an inspection while the person's license …

Sec. 1102.408. TEMPORARY SUSPENSION. (a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended. (b) If the disciplina…

Sec. 1103.001. SHORT TITLE. This chapter may be cited as the Texas Appraiser Licensing and Certification Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1103.002. PURPOSE. The purpose of this chapter is to: (1) conform state law relating to the regulation of real estate appraisers to the requirements adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (2) enforce standards for th…

Sec. 1103.003. DEFINITIONS. In this chapter: (1) "Appraisal" means, regardless of whether prepared for a federally related transaction: (A) an opinion of value; or (B) the act or process of developing an opinion of value. (2) "Appraisal Foundation" means The Appraisal Foundation,…

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…

Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas Appraiser Licensing and Certification Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter and Chapter 1104 expir…

Sec. 1103.051. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD. The Texas Appraiser Licensing and Certification Board is an independent subdivision of the Texas Real Estate Commission. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1103.052. BOARD MEMBERSHIP. (a) The board consists of nine members as follows: (1) the executive secretary of the Veterans' Land Board or the executive secretary's designee; and (2) eight members appointed by the governor with the advice and consent of the senate as follows:…

Sec. 1103.0521. 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 professio…

Sec. 1103.053. QUALIFICATIONS OF APPOINTED MEMBERS. (a) An appointed member of the board must be a qualified voter of this state. (b) A person appointed to the board qualifies by taking the constitutional oath of office not later than the 15th day after the date of appointment. A…

Sec. 1103.054. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is a certified or licensed appraiser; (2) is certified or licensed by an occupational regulatory agency in the field of…

Sec. 1103.0545. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. …

Sec. 1103.055. TERMS; VACANCIES. (a) Appointed members of the board serve staggered six-year terms, with the terms of one or two appraiser members and one or two public members expiring on January 31 of each odd-numbered year. (b) If a vacancy occurs during a member's term, the g…

Sec. 1103.056. OFFICERS; EXECUTIVE COMMITTEE. (a) The governor shall designate a board member who is an appraiser to serve as presiding officer of the board. (b) At a regular meeting in February of each year, the board shall elect from its members an assistant presiding officer a…

Sec. 1103.057. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that an appointed member: (1) does not have at the time of appointment the qualifications required by this subchapter for appointment to the board; (2) does not maintain during service on the board …

Sec. 1103.058. PER DIEM; REIMBURSEMENT. (a) An appointed board member is entitled to receive: (1) $75 for each day the member engages in official duties as a board member; and (2) reimbursement for actual and necessary expenses incurred in performing official duties as a board me…

Sec. 1103.059. QUASI-JUDICIAL IMMUNITY. A member of the board is entitled to quasi-judicial immunity from suit for an action that: (1) is taken as a member of the board; and (2) is in compliance with the law. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Sec. 1103.060. EDUCATIONAL PRESENTATIONS. (a) A member of the board or a board employee may make a presentation to a group of certificate or license holders for which the certificate or license holders may receive continuing education credit for the renewal of a certificate or li…

Sec. 1103.101. EXECUTIVE DIRECTOR. (a) The administrator of the Texas Real Estate Commission shall serve as executive director. (b) The board may delegate to the executive director the responsibility for administering this chapter and Chapter 1104, including the approval of conse…

Sec. 1103.102. OTHER BOARD PERSONNEL. In addition to the executive director, the board may employ other officers and employees as necessary to administer this chapter and Chapter 1104. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2015, 84th…

Sec. 1103.103. SALARIES. The executive director shall determine the salaries of the officers and employees of the board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 45, eff. September 1, 200…

Sec. 1103.104. DUTIES OF EXECUTIVE DIRECTOR. The executive director shall: (1) disseminate information; (2) administer rules adopted by the board under this chapter or Chapter 1104; (3) review each application for a certificate or license and make a recommendation for final actio…

Sec. 1103.105. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board. Added by Acts 2019, 86th Leg.…

Sec. 1103.151. RULES RELATING TO CERTIFICATES AND LICENSES. The board may adopt: (1) rules for certifying or licensing an appraiser or appraiser trainee in this state that are in accordance with this chapter and consistent with applicable federal law; (2) rules relating to the qu…

Sec. 1103.152. APPRAISER CERTIFICATE AND LICENSE CATEGORIES. The board may: (1) establish certificate and license categories that are consistent with the categories recognized by the Appraiser Qualifications Board; and (2) prescribe qualifications for each category that are consi…

Sec. 1103.153. RULES RELATING TO QUALIFYING OR CONTINUING EDUCATION. (a) The board may adopt rules relating to: (1) continuing education requirements for a certified or licensed appraiser or an appraiser trainee; and (2) the requirements for approval of a provider or course for q…

Sec. 1103.154. RULES RELATING TO PROFESSIONAL CONDUCT. The board may adopt: (1) rules as necessary to conform to the minimum written standards of the Appraisal Standards Board by incorporating the Uniform Standards of Professional Appraisal Practice; (2) rules requiring a certifi…

Sec. 1103.155. ROSTER. (a) The board shall maintain a roster of persons who are certified or licensed under this chapter. (b) The roster must indicate the type of certificate or license held by each person listed. (c) The board shall send a copy of the roster to the Appraisal Sub…

Sec. 1103.156. FEES. (a) The board may establish reasonable fees to administer this chapter, including: (1) an application fee for a certificate or license; (2) an examination fee; (3) a renewal fee for a certificate or license; (4) a registration fee for a nonresident real estat…

Sec. 1103.157. GIFTS, GRANTS, AND DONATIONS. The board may solicit, accept, and administer gifts, grants, and donations of any kind from any public or private source for the purposes of this chapter and Chapter 1104. Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. …

Sec. 1103.158. EXPERT WITNESS TESTIMONY BY BOARD MEMBER. Notwithstanding Section 572.051, Government Code, a board member may testify as an expert witness in an action concerning a violation of the Uniform Standards of Professional Appraisal Practice. Added by Acts 2011, 82nd Leg…

Sec. 1103.159. ADVISORY COMMITTEE ON APPRAISAL MANAGEMENT COMPANIES. (a) The board shall establish an advisory committee to advise the board and make recommendations on matters related to the regulation of appraisal management companies under Chapter 1104. (b) The advisory commit…

Sec. 1103.160. ADVISORY COMMITTEES. (a) The board may appoint advisory committees to perform the advisory functions assigned to the committees by the board. An advisory committee under this section is subject to Chapter 2110, Government Code. (b) A member of an advisory committee…

Sec. 1103.161. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any agenda item at a regular board meeting. Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624)…

Sec. 1103.162. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and (2) appro…

Sec. 1103.163. COMPLAINT INFORMATION. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of th…

Sec. 1103.164. STIPEND PROGRAM. (a) The board may establish a program to provide stipends to appraiser trainees, persons completing requirements necessary for or otherwise seeking the issuance of a certificate or license under this chapter, and certified appraisers who serve as s…

Sec. 1103.201. CERTIFICATE OR LICENSE REQUIRED. (a) A person may not perform an appraisal of real estate unless the person is licensed or certified as an appraiser under this chapter, registered as a temporary out-of-state appraiser under this chapter, or acting as an appraiser t…