Title OC, Occupations Code

Sec. 1104.162. DISPUTE RESOLUTION. An appraisal management company shall make a dispute resolution process available to review a written request by an appraiser who: (1) is dismissed from the company's appraisal panel for a reason stated in Section 1104.161(a)(2); (2) is not paid…

Sec. 1104.201. DISCIPLINARY POWERS OF BOARD. (a) The board may reprimand an appraisal management company or conditionally or unconditionally suspend or revoke any registration issued under this chapter if the board determines that the appraisal management company has: (1) violate…

Sec. 1104.202. ADMINISTRATIVE PENALTY. (a) In addition to any other disciplinary action under this chapter, the board may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The amount of the administrative penalty…

Sec. 1104.203. PROHIBITED PRACTICES. (a) An appraisal management company or an employee, director, officer, or agent of an appraisal management company may not: (1) cause or attempt to cause the appraised value of a property assigned under an appraisal to be based on any factor o…

Sec. 1104.204. COMPLAINT. (a) Any person, including a member of the board, may file with the board a written complaint on a form prescribed by the board. (b) The board, on its own motion, may file a complaint against: (1) an appraisal management company registered under this chap…

Sec. 1104.205. REVIEW AND INVESTIGATION. (a) On receipt of a complaint or on its own motion, the board shall review and investigate an alleged act or omission that the board believes is a ground for disciplinary action. (b) An investigator designated by the presiding officer of t…

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 …

Sec. 1104.206. GENERAL SUBPOENA AUTHORITY. (a) The board 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 vio…

Sec. 1104.207. REPORT OF INVESTIGATION REQUIRED. (a) At the conclusion of the investigation of a complaint, the investigator shall submit to the board a written report to enable the board to determine what further action is necessary. (b) The report must contain: (1) statements o…

Sec. 1104.208. ACTION BASED ON REPORT. (a) Based on the report submitted under Section 1104.207, the board may: (1) order further investigation of the complaint; (2) permit the person who is the subject of the complaint to participate in a voluntary discussion of the facts and ci…

Sec. 1104.2081. AGREED ORDER. (a) The board may negotiate a settlement and enter into an agreed order with an appraisal management company or other person who is the subject of a complaint under this subchapter. (b) An agreed order must be: (1) approved by the board; and (2) sign…

Sec. 1104.2082. CONFIDENTIALITY OF INVESTIGATION MATERIAL. (a) Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, di…

Sec. 1104.209. NOTICE OF VIOLATION AND PENALTY. (a) If, after investigating a possible violation and the facts surrounding that possible violation, the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have c…

Sec. 1104.210. PENALTY TO BE PAID. If the person accepts the board's determination or fails to respond to the notice in a timely manner, the board by order shall approve the determination and impose the proposed penalty. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), S…

Sec. 1104.211. TEMPORARY SUSPENSION. (a) The presiding officer of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's registration under this chapter should be temporarily suspended. (b) If the disciplinary panel d…

Sec. 1104.212. NOTICE OF HEARING. Not later than the 30th day before the date of a contested case hearing, the board shall personally deliver or send by certified mail notice of the hearing to the parties to the hearing. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), S…

Sec. 1104.2121. ATTORNEY GENERAL REPRESENTATION. The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings. Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.

Sec. 1104.2122. IMMUNITY OF WITNESSES. (a) The board in a contested case hearing may grant a witness immunity from disciplinary action by the board. (b) The official record of the hearing must include the reason for granting immunity. Added by Acts 2017, 85th Leg., R.S., Ch. 107 …

Sec. 1104.213. APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW. Except as otherwise provided by this chapter, a proceeding under this subchapter is subject to Chapter 2001, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.

Sec. 1104.2131. RECORD OF PROCEEDINGS. (a) Contested case proceedings shall be recorded by: (1) mechanical or electrical means; or (2) a certified shorthand reporter. (b) At the request of a party, the proceedings or any part of the proceedings shall be transcribed. The expense o…

Sec. 1104.2132. FAILURE TO APPEAR; COSTS. (a) If a respondent receives proper notice of a contested case hearing but does not appear in person at the hearing, the administrative law judge may conduct the hearing or enter an order, as the administrative law judge determines approp…

Sec. 1104.214. ACTION AFTER HEARING. On conclusion of a contested case hearing under this subchapter, the administrative law judge shall: (1) make findings of fact and conclusions of law; and (2) issue to the board a proposal for decision that the board take one or more of the fo…

Sec. 1104.215. DECISION BY BOARD. (a) Based on the findings of fact, conclusions of law, and proposal for decision of the administrative law judge, the board by order may determine that: (1) a violation has occurred and may impose an administrative penalty or another sanction; or…

Sec. 1104.216. MOTION FOR REHEARING. (a) A party may file a motion for rehearing with the board. The motion must state: (1) the specific grounds for rehearing; and (2) the relief sought. (b) A motion for rehearing filed under this section is governed by Chapter 2001, Government C…

Sec. 1104.217. DECISION ON REHEARING. (a) The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other error that did not cause substantial injustice to the parties. (b) The decision made on a r…

Sec. 1104.251. INJUNCTION. (a) The board may institute an action in its own name against any person, including a person who is not registered under this chapter, to enjoin a violation of this chapter or a rule adopted by the board under this chapter. (b) An action under this sect…

Sec. 1104.252. CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION. (a) A person who receives consideration for engaging in an activity for which registration is required under this chapter and who is not registered is liable for a civil penalty. (b) The amount o…

Sec. 1104.253. CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION. (a) A person commits an offense if the person engages in an activity for which registration is required under this chapter without being registered. (b) An offense under this section is a Clas…

Sec. 1105.001. DEFINITIONS. In this section: (1) "Agency" means the commission and the board. (2) "Board" means the Texas Appraiser Licensing and Certification Board. (3) "Commission" means the Texas Real Estate Commission. Added by Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000…

Sec. 1105.002. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS. (a) Notwithstanding any other provision of law, the agency is self-directed and semi-independent as specified by this chapter. Any Act of the 82nd Legislature that relates to the agency and that is inconsistent with the ag…

Sec. 1105.003. BUDGET, REVENUES, AND EXPENSES. (a) Notwithstanding any other provision of law, including the General Appropriations Act, the commission and the board shall each adopt a separate budget annually using generally accepted accounting principles. (b) The commission sha…

Sec. 1105.004. AUDITS. (a) This chapter does not affect the duty of the state auditor to audit the agency. The state auditor shall enter into a contract and schedule with the agency to conduct audits. (b) The agency shall reimburse the state auditor for all costs incurred in perf…

Sec. 1105.005. RECORDS; REPORTING REQUIREMENTS. (a) The agency shall keep financial and statistical information as necessary to disclose completely and accurately the financial condition and results of operations of the agency. (b) Before the beginning of each regular session of …

Sec. 1105.006. ABILITY TO CONTRACT. (a) To carry out and promote the objectives of this chapter, the commission or board may enter into contracts and do all other acts incidental to those contracts that are necessary for the administration of the commission's or board's respectiv…

Sec. 1105.007. PROPERTY. The commission or board may acquire by lease and maintain, use, and operate any real, personal, or mixed property necessary to the exercise of the respective powers, rights, privileges, or functions of the commission or board. Added by Acts 2011, 82nd Leg…

Sec. 1105.008. SUITS. (a) The office of the attorney general shall represent the agency in any litigation. (b) The attorney general may assess and collect from the agency reasonable attorney's fees associated with any litigation under this section. Added by Acts 2011, 82nd Leg., …

Sec. 1105.009. ADMINISTRATIVE HEARINGS. The State Office of Administrative Hearings shall enter into a contract with the agency for hearings conducted by the State Office of Administrative Hearings under a law administered by the commission or the board. The agency shall reimburs…

Sec. 1105.010. POST-PARTICIPATION LIABILITY. (a) If the agency no longer has status under this chapter as a self-directed semi-independent agency for any reason, the agency shall be liable for any expenses or debts incurred by the agency during the time the agency was a self-dire…

Sec. 1105.011. DUE PROCESS; OPEN GOVERNMENT. The commission and the board are governmental bodies for purposes of Chapters 551 and 552, Government Code. The commission is a state agency for purposes of Chapters 2001 and 2005, Government Code. Added by Acts 2011, 82nd Leg., R.S., …

Sec. 1105.012. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. Employees of the agency are members of the Employees Retirement System of Texas under Chapter 812, Government Code, and the commission's and the board's transition to independent status as provided by this chapter has no e…

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…

Sec. 1151.003. APPLICABILITY. This chapter does not apply to a county assessor-collector described by Section 14, Article VIII, Texas Constitution, or an employee of the county assessor-collector. Added by Acts 2013, 83rd Leg., R.S., Ch. 429 (S.B. 546), Sec. 2, eff. June 14, 2013…

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 …

Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional Advisory Board 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 …

Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be a public member of the board 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…