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2005 Texas Occupations Code CHAPTER 1151. PROPERTY TAX PROFESSIONALS
OCCUPATIONS CODE SUBTITLE B. PROFESSIONS RELATED TO PROPERTY TAXATION CHAPTER 1151. PROPERTY TAX PROFESSIONALS SUBCHAPTER A. GENERAL PROVISIONS § 1151.001. SHORT TITLE. This chapter may be cited as the Property Taxation Professional Certification Act. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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) "Board" means the Board of Tax Professional Examiners. (5) "Code of ethics" means a formal statement of ethical standards of conduct adopted by the board. (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. (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, § 2, eff. June 1, 2003. § 1151.003. APPLICATION OF SUNSET ACT. The Board of Tax Professional Examiners 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 expires September 1, 2015. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 1, eff. Sept. 1, 2003. § 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 board shall thoroughly investigate a complaint of a violation of this section. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER B. BOARD OF TAX PROFESSIONAL EXAMINERS § 1151.051. BOARD MEMBERSHIP.Text of section as amended by Acts 2003, 78th Leg., ch. 815, § 2 (a) The Board of Tax Professional Examiners consists of five members appointed by the governor with the advice and consent of the senate as follows: (1) four members who: (A) are actively engaged in property tax administration; (B) have at least five years' experience in appraisal, assessment, or collection; and (C) are certified under this chapter as a registered professional appraiser, registered Texas collector, or registered Texas assessor; and (2) one member who represents the public. (b) A vacancy on the board is filled by appointment by the governor of a qualified person to serve for the unexpired portion of the term. (c) Each appointment to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 2, eff. Sept. 1, 2003.For another § 1151.051, amended by Acts 2003, 78th Leg., ch. 1170, § 43.01, see § 1151.051, post § 1151.051. BOARD MEMBERSHIP; ELIGIBILITY.Text of section as amended by Acts 2003, 78th Leg., ch. 1170, § 43.01 (a) The Board of Tax Professional Examiners consists of five members, four of whom must be tax professionals and one of whom must be a representative of the general public. Members of the board are appointed by the governor with the advice and consent of the senate. A vacancy on the board is filled in the same manner for the unexpired portion of the term. (b) To be eligible to serve on the board as a tax professional member, a person must: (1) be actively engaged in property tax administration; (2) have at least five years' experience in appraisal, assessment, or collection; and (3) be certified under this chapter as a registered professional appraiser, registered Texas collector, or registered Texas assessor. (c) A person is not eligible for appointment as 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 or participates in the management of a business entity or other organization regulated by or receiving money from the board; (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 board; or (4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1170, § 43.01, eff. Sept. 1, 2003.For another § 1151.051, amended by Acts 2003, 78th Leg., ch. 815, § 2, see § 1151.051, ante § 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 or participates in the management of a business entity or other organization regulated by or receiving money from the board; (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 board; or (4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. Added by Acts 2003, 78th Leg., ch. 815, § 3, eff. Sept. 1, 2003. § 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 board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, 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 board or act as the general counsel to the board if the person 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 board. Added by Acts 2003, 78th Leg., ch. 815, § 3, eff. Sept. 1, 2003. § 1151.052. TERMS. Board 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, § 43.02, eff. Sept. 1, 2003. § 1151.053. MEETINGS. (a) The board shall hold at least one regular meeting in each calendar quarter. (b) The board shall hold special meetings when required by the board's bylaws or rules of procedure. (c) Board members are entitled to receive notice of a special meeting at least 15 days before the meeting date. (V.A.C.S. Art. 8885, Secs. 6(a), (b).) Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.054. OFFICERS. (a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor. (b) At the first regular meeting of each calendar year, the board shall elect from its members an assistant presiding officer and a secretary-treasurer. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 5, eff. Sept. 1, 2003. § 1151.055. COMPENSATION; REIMBURSEMENT. (a) A board member may not receive compensation for the member's services. (b) A board member is entitled to reimbursement for necessary expenses incurred in performing the member's duties. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.056. 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. (b) The training program must provide the person with information regarding: (1) this chapter; (2) the programs operated by the board; (3) the role and functions of the board; (4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the board; (6) the results of the most recent formal audit of the board; (7) 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; and (D) other laws relating to public officials, including conflict-of-interest laws; and (8) any applicable ethics policies adopted by the board or the Texas Ethics Commission. (c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. Added by Acts 2003, 78th Leg., ch. 815, § 6, eff. Sept. 1, 2003. § 1151.057. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications required by Section 1151.051 or 1151.0511; (2) does not maintain during service on the board the qualifications required by Section 1151.051 or 1151.0511; (3) is ineligible for membership under Section 1151.0512; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board. (b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists. Added by Acts 2003, 78th Leg., ch. 815, § 6, eff. Sept. 1, 2003.SUBCHAPTER B-1. EXECUTIVE DIRECTOR AND PERSONNEL § 1151.071. EXECUTIVE DIRECTOR AND PERSONNEL. (a) The board shall employ an executive director to administer the operations of the board as directed by the board. (b) The executive director may employ other personnel to assist the executive director. Added by Acts 2003, 78th Leg., ch. 815, § 7, eff. Sept. 1, 2003. § 1151.072. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board. Added by Acts 2003, 78th Leg., ch. 815, § 7, eff. Sept. 1, 2003. § 1151.073. REQUIREMENTS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. Added by Acts 2003, 78th Leg., ch. 815, § 7, eff. Sept. 1, 2003. § 1151.074. INFORMATION ON STATE EMPLOYEE INCENTIVE PROGRAM. The executive director or the executive director's designee shall provide to board employees information and training on the benefits and methods of participation in the state employee incentive program under Subchapter B, Chapter 2108, Government Code. Added by Acts 2003, 78th Leg., ch. 815, § 7, eff. Sept. 1, 2003. § 1151.075. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin. (b) The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and (2) an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law. (c) The policy statement must: (1) be updated annually; (2) be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1); and (3) be filed with the governor's office. Added by Acts 2003, 78th Leg., ch. 815, § 7, eff. Sept. 1, 2003.SUBCHAPTER C. BOARD POWERS AND DUTIES § 1151.1015. INTERAGENCY CONTRACT WITH COMPTROLLER. (a) The board and the comptroller shall provide under an interagency contract for the comptroller to provide administrative support to the board. The contract must include terms for fees to be paid by the board to the comptroller for services provided under the contract. (b) Under the interagency contract, the comptroller shall provide to the board: (1) information on the educational needs of and opportunities for tax professionals; (2) assistance with outreach efforts to inform taxpayers of their rights and remedies; (3) information on appraisal district enforcement efforts; and (4) assistance with administrative services, including: (A) payroll services; (B) budgeting services; (C) information technology support; (D) human resources services; and (E) other administrative services necessary for the board to perform its powers and duties under this chapter. Added by Acts 2003, 78th Leg., ch. 815, § 8, eff. Sept. 1, 2003. § 1151.102. GENERAL RULEMAKING AUTHORITY. The board may adopt and enforce rules necessary for the performance of the board's duties. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.1021. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (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) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction. (b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings regarding the use of alternative dispute resolution by state agencies. (c) The board shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training necessary for implementation of the negotiated rulemaking or alternative dispute resolution procedures; and (3) collect data concerning the effectiveness of the procedures as implemented by the board. Added by Acts 2003, 78th Leg., ch. 815, § 9, eff. Sept. 1, 2003. § 1151.103. ESTABLISHMENT OF PROFESSIONAL STANDARDS. The board may 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, § 2, eff. June 1, 2003. § 1151.104. ENFORCEMENT OF CHAPTER. The board may ensure strict compliance with and enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.105. RECORD OF BOARD PROCEEDINGS. (a) The board shall keep an accurate record of the board's proceedings. (b) The record shall be available to the public at all times. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.106. CLASSIFICATION SYSTEM FOR REGISTRANTS. (a) The board 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, § 2, eff. June 1, 2003. § 1151.107. ROSTER OF REGISTRANTS. (a) The board 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, § 2, eff. June 1, 2003. § 1151.108. MONEY RECEIVED BY BOARD. The board shall receive and account for all money derived under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.109. WAIVER OF FEE OR PENALTY PROHIBITED. The board may not waive the collection of a fee or penalty described by this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.110. USE OF TECHNOLOGY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must: (1) ensure that the public is able to easily find information about the board on the Internet; (2) ensure that persons who want to use the board's services are able to: (A) interact with the board through the Internet; and (B) access any service that can be provided effectively through the Internet; and (3) be cost-effective and developed through the board's planning processes. Added by Acts 2003, 78th Leg., ch. 815, § 10, eff. Sept. 1, 2003.SUBCHAPTER C-1. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES § 1151.131. 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 issue under the jurisdiction of the board. Added by Acts 2003, 78th Leg., ch. 815, § 11, eff. Sept. 1, 2003. § 1151.132. RECORDS OF COMPLAINTS. The board shall maintain a file on each written complaint filed with the board. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the board; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint. Added by Acts 2003, 78th Leg., ch. 815, § 11, eff. Sept. 1, 2003. § 1151.133. NOTIFICATION OF INVESTIGATION. (a) The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution. (b) The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. Added by Acts 2003, 78th Leg., ch. 815, § 11, eff. Sept. 1, 2003.SUBCHAPTER D. REGISTRATION AND CERTIFICATION § 1151.151. REGISTRATION REQUIRED; EXEMPTION. (a) The following persons must register with the board: (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 board 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 12, eff. Sept. 1, 2003. § 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, § 2, eff. June 1, 2003. § 1151.153. REGISTRATION APPLICATION. (a) An application for registration must be made on the printed form provided by the board. In prescribing the contents of an application form, the board shall ensure that the form requires information sufficient to properly classify the applicant. (b) Each application form the board provides must be accompanied by the code of ethics. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.154. SUBMISSION OF APPLICATION. (a) An initial application for registration must be accompanied by: (1) a nonrefundable $50 processing fee; and (2) the fee required by Section 1151.158. (b) Repealed by Acts 2003, 78th Leg., ch. 815, § 19(3), eff. Sept. 1, 2003. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 19(3), eff. Sept. 1, 2003. § 1151.155. ACTION ON APPLICATION. (a) The board shall act on an application for registration not later than the 30th day after the date the application is received. (b) The board shall: (1) classify and register each applicant the board approves; and (2) notify the registrant of the requirements for: (A) maintenance of the registrant's current registration; and (B) professional certification by the board. (c) If the board disapproves an application, the board shall refund the fee paid under Section 1151.154(a)(2). Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.156. DISCRIMINATION PROHIBITED. The board may not refuse to register an applicant because of the race, color, creed, sex, or ethnic origin of the applicant. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.157. ISSUANCE AND POSSESSION OF IDENTIFICATION CARD REQUIRED. (a) The board 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, § 2, eff. June 1, 2003. § 1151.158. ANNUAL FEE; EXPIRATION AND RENEWAL OF REGISTRATION. (a) A registration under this chapter expires on December 31 and must be renewed annually. A registrant must pay an annual fee of not less than $45 or more than $75. (b) On or before December 1 of each year, the board shall: (1) establish the amount of the renewal fee for the following year; and (2) mail a renewal notice to each person registered under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.1581. CONTINUING EDUCATION. The board shall recognize, prepare, or administer continuing education programs for its license holders. A license holder must participate in the programs to the extent required by the board to keep the person's license. Added by Acts 2003, 78th Leg., ch. 815, § 13, eff. Sept. 1, 2003. § 1151.159. REMOVAL FROM ROSTER OF REGISTRANTS; REINSTATEMENT. (a) The board shall delete from the roster of registrants any person who does not pay the required registration renewal fee before February 1 of the year to which the fee applies. (b) A person who applies for reinstatement within 30 days must pay a penalty in the amount set by the board not to exceed $25. (c) A person who does not apply for reinstatement within 30 days may be reinstated only by filing a new application with the board and passing an examination required by the board, if any. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS. (a) The board 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, but are not limited to, 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 board for a person engaged in appraisal. "Registered Texas assessor" is the highest level of certification established by the board for a person engaged in assessment. "Registered Texas collector" is the highest level of certification established by the board 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, § 2, eff. June 1, 2003. § 1151.161. EXAMINATION FOR CERTIFICATION; APPLICATION; FEE. (a) The board by rule may require a registrant to pass one or more examinations to be certified. The board 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.), and its subsequent amendments. (b) An applicant for examination under this section must file an application with the board on a printed form provided by the board. In prescribing the contents of the form, the board shall ensure that the form requires information sufficient to determine the applicant's current classification. (c) The application for examination must be: (1) filed with the board not later than the 14th day before the examination date; and (2) accompanied by a nonrefundable fee in the amount set by the board. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 14, eff. Sept. 1, 2003. § 1151.1611. EXAMINATION RESULTS. (a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the board shall notify the person of the results of the examination. (b) If the examination is graded or reviewed by a testing service: (1) the board shall notify the person of the results of the examination not later than the 14th day after the date the board receives the results from the testing service; and (2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day. (c) The board may require a testing service to notify a person of the results of the person's examination. (d) If requested in writing by a person who fails a licensing examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination. Added by Acts 2003, 78th Leg., ch. 815, § 15, eff. Sept. 1, 2003. § 1151.162. RULES RELATING TO RECERTIFICATION AND SPECIALIZATION. The board 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, § 2, eff. June 1, 2003. § 1151.163. LICENSE BY ENDORSEMENT. The board may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state. Added by Acts 2003, 78th Leg., ch. 815, § 16, eff. Sept. 1, 2003. § 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The board 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 board; (3) the role and functions of the board; (4) the rules of the board, 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) The training program implemented by the board under this section must be provided by the board or by a provider approved by the board. The board shall identify no less than two providers before the board may finally approve a provider under this section. Added by Acts 2005, 79th Leg., ch. 1111, § 1, eff. June 18, 2005.SUBCHAPTER E. ENFORCEMENT § 1151.201. INITIATION OF PROCEEDINGS. The board may initiate proceedings under this chapter on the motion of the board or on the complaint of any person to ensure strict compliance with this chapter and the board's rules. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY ACTION. (a) The board may deny, suspend, or revoke the registration of a person who violates this chapter or a board rule, place on probation a person whose registration has been suspended, or reprimand a person for a violation by the person of this chapter or a board rule. (b) The board by rule shall adopt written guidelines to ensure that probation and the issuance of reprimands are administered consistently. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 815, § 17, eff. Sept. 1, 2003. § 1151.2025. PROBATION. The board may require a person whose license suspension is probated to: (1) report regularly to the board on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the board; or (3) continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation. Added by Acts 2003, 78th Leg., ch. 815, § 18, eff. Sept. 1, 2003. § 1151.203. RULES FOR PROCEEDINGS; NOTICE. The board shall adopt rules for the conduct of a proceeding initiated under Section 1151.201. The rules must require that written notice of the nature of the complaint and of the time and place of a hearing by the board be sent to each party by certified mail at least 20 days before the date of the hearing. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.204. DISMISSAL OF COMPLAINT RELATING TO APPRAISED VALUE. The board may dismiss a complaint without conducting a hearing if: (1) the complaint involves a disagreement on the appraised value of a property; 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, § 2, eff. June 1, 2003. § 1151.205. 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 violation of this chapter for inspection and copying. (b) If a person does not comply with the subpoena, the board, 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 board 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, § 2, eff. June 1, 2003.SUBCHAPTER F. CRIMINAL PENALTIES § 1151.251. FAILURE TO REGISTER. (a) A person commits an offense if the person does not register with the board 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, § 2, eff. June 1, 2003. § 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 board is revoked or suspended. (b) An offense under this section is a Class B misdemeanor. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1151.253. COMPLAINT OF VIOLATION. A person may file a complaint with the board concerning a violation of Section 1151.251 or 1151.252. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.
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